Subpart CCCC—Standards of Performance for Commercial and 

Industrial Solid Waste Incineration Units 

Introduction 

§ 60.2000 What does this subpart do?

This subpart establishes new source performance standards 

for commercial and industrial solid waste incineration (CISWI) 

units. 

§ 60.2005 When does this subpart become effective?

This subpart takes effect on September 21, 2011 .[THE DATE 

6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER]. Some of the requirements in this subpart apply to 

planning the CISWI unit (i.e., the preconstruction requirements 

in §§60.2045 and 60.2050). Other requirements such as the 

emission limitations and operating limits apply after the CISWI 

unit begins operation. 

Applicability 

§ 60.2010 Does this subpart apply to my incineration unit?

Yes, if your incineration unit meets all the requirements 

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

(a) Your incineration unit is a new incineration unit as 

defined in §60.2015. 

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

§60.2265. 

(c) Your incineration unit is not exempt under §60.2020. 

§ 60.2015 What is a new incineration unit?
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(a) A new incineration unit is an incineration unit that 

meets any of the criteria specified in paragraph (a)(1) through 

(a)(2) of this section. 

(1) A commercial and industrial solid waste 

incinerationCISWI unit that commenced construction after May 20, 

2011June 4, 2010. 

(2) A commercial and industrial solid waste

incinerationCISWI unit that commenced reconstruction or 

modification after September 21, 2011.[THE DATE 6 MONTHS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

(b) This subpart does not affect your CISWI unit if you 

make physical or operational changes to your incineration unit 

primarily to comply with the EG in subpart DDDD of this part 

(Emission Guidelines and Compliance Times for Commercial and 

Industrial Solid Waste Incineration Units). Such changes do not 

qualify as reconstruction or modification under this subpart. 

§ 60.2020 What combustion units are exempt from this subpart?

This subpart exempts the types of units described in 

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

some units are required to provide notifications. Air curtain 

incinerators are exempt from the requirements in this subpart 

except for the provisions in §§60.2242, 60.2250, and 60.2260. 

(a) Pathological waste incineration units. Incineration 

units burning 90 percent or more by weight (on a calendar 
Page 3 of 322 

quarter basis and excluding the weight of auxiliary fuel and 

combustion air) of pathological waste, low-level radioactive 

waste, and/or chemotherapeutic waste as defined in §60.2265 are 

not subject to this subpart if you meet the two requirements 

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

(1) Notify the Administrator that the unit meets these 

criteria. 

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

of pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste burned, and the weight of all other fuels 

and wastes burned in the unit. 

(b) [Reserved] 

(c) Municipal waste combustion units. Incineration units 

that are regulated undersubject 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). 

(d) Medical waste incineration units. Incineration units 

regulated under subpart Ec of this part (Standards of 
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Performance for Hospital/Medical/Infectious Waste Incinerators 

for Which Construction is Commenced After June 20, 1996) or 

subpart Ce of this part (Emission Guidelines and Compliance 

Times for Hospital/Medical/Infectious Waste Incinerators). 

(e) Small power production facilities. Units that meet the 

three requirements specified in paragraphs (e)(1) through (3) of 

this section. 

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

under section 3(17)(C) of the Federal Power Act (16 U.S.C. 

796(17)(C)). 

(2) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity. 

(3) You submit a request to the Administrator for a

determination that the qualifying cogenerationsmall power 

production facility is combusting homogenous waste as that term 

is defined in §60.2265. The request must include information 

sufficient to document that the unit meets the criteria of the 

definition of a small power production facility and that the 

waste material the unit is proposed to burn is homogeneous. 

(4) You maintain the records specified in §60.2175(w).

(f) Cogeneration facilities. Units that meet the three 

requirements specified in paragraphs (f)(1) through (3) of this 

section. 
Page 5 of 322 

(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 refusederived fuel) to produce electricity and steam or other forms of 

energy used for industrial, commercial, heating, or cooling 

purposes. 

(3) You submit a request to the Administrator for a

determination that the qualifying cogeneration facility is 

combusting homogenous waste as that term is defined in 

§60.2265.. The request must include information sufficient to

document that the unit meets the criteria of the definition of a 

cogeneration facility and that the waste material the unit is 

combusting is homogeneous. 

(4) You maintain the records specified in §60.2175(x).

(g) Hazardous waste combustion units. Units for which you 

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

Waste Disposal Act. 

(h) Materials recovery units. Units that combust waste for 

the primary purpose of recovering metals, such as primary and 

secondary smelters. 

(i) Air curtain incinerators. Air curtain incinerators that 

burn only the materials listed in paragraphs (i)(1) through (3) 
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of this section are only required to meet the requirements under 

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

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

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

and/or yard waste. 

(j) [Reserved] 

(k) [Reserved] 

(l) [Reserved] 

(m) Sewage treatment plants. Incineration units regulated 

under subpart O of this part (Standards of Performance for 

Sewage Treatment Plants). 

(n) Sewage sludge incineration units. Incineration units 

combusting sewage sludge for the purpose of reducing the volume 

of the sewage sludge by removing combustible matter that are 

subject to subpart LLLL of this part (Standards of Performance 

for Sewage Sludge Incineration Units) or subpart MMMM of this 

part (Emission Guidelines for Sewage Sludge Incineration Units). 

Sewage sludge incineration unit designs include fluidized bed 

and multiple hearth.

(o) 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) or 
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subpart FFFF of this part (Emission Guidelines and Compliance 

Times for Other Solid Waste Incineration Units).

§ 60.2030 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the 

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

authority such as your State, local, or tribal agency. If the 

EPA Administrator has delegated authority to your state, local, 

or tribal agency, then that agency (as well as EPA) has the 

authority to implement and enforce this subpart. You should 

contact your EPA Regional Office to find out if this subpart is 

delegated to your state, local, or tribal agency. 

(b) In delegating implementation and enforcement authority 

of this subpart to a state, local, or tribal agency, the 

authorities contained in paragraph (c) of this section are 

retained by the EPA Administrator and are not transferred to the 

state, local, or tribal agency. 

(c) The authorities that will not be delegated to state, 

local, or tribal agencies are specified in paragraphs (c)(1) 

through (4) and (c)(6) through (10) of this section. 

(1) Approval of alternatives to the emission limitations in 

table 1 of this subpart and operating limits established under 

§60.2110. 

(2) Approval of major alternatives to test methods.

(3) Approval of major alternatives to monitoring. 
Page 8 of 322 

(4) Approval of major alternatives to recordkeeping and 

reporting. 

(5) [Reserved] 

(6) The requirements in §60.2115. 

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

(8) Approval of alternative opacity emission limits in 

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

(9) Performance test and data reduction waivers under 

§60.2125(j), 60.8(b)(4) and (5). 

(10) Determination of whether a qualifying small power 

production facility or cogeneration facility under §60.2020(e) 

or (f) is combusting homogenous waste as that term is defined in 

§60.2265. 

§ 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. 
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(g) Continuous compliance requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

(j) Definitions. 

(k) Tables. 

§ 60.2040 Do all eleven components of these new source 

performance standards apply at the same time?

No. You must meet the preconstruction siting analysis and 

waste management plan requirements before you commence 

construction of the CISWI unit. The operator training and 

qualification, emission limitations, operating limits, 

performance testing and compliance, monitoring, and most 

recordkeeping and reporting requirements are met after the CISWI 

unit begins operation. 

Preconstruction Siting Analysis 

§ 60.2045 Who must prepare a siting analysis?

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

commence construction of an incinerator after December 1, 2000. 

(b) You must prepare a siting analysis for CISWI units that 

commenced construction after June 4, 2010, or that commenced 

reconstruction or modification after September 21, 2011.[THE 

DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER].
Page 10 of 322 

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

to submit an initial application for a construction permit under 

40 CFR part 51, subpart I, or 40 CFR part 52, as applicable, for 

the reconstruction or modification of your CISWI unit. 

§ 60.2050 What is a siting analysis?

(a) The siting analysis must consider air pollution control 

alternatives that minimize, on a site-specific basis, to the 

maximum extent practicable, potential risks to public health or 

the environment. In considering such alternatives, the analysis 

may consider costs, energy impacts, nonair environmental 

impacts, or any other factors related to the practicability of 

the alternatives. 

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

to comply with state, local, or other Federal regulatory 

requirements may be used to satisfy the requirements of this 

section, provided they include the consideration of air 

pollution control alternatives specified in paragraph (a) of 

this section. 

(c) You must complete and submit the siting requirements of 

this section as required under §60.2190(c) prior to commencing 

construction. 

Waste Management Plan 

§ 60.2055 What is a waste management plan?
Page 11 of 322 

A waste management plan is a written plan that identifies 

both the feasibility and the methods used to reduce or separate 

certain components of solid waste from the waste stream in order 

to reduce or eliminate toxic emissions from incinerated waste. 

§ 60.2060 When must I submit my waste management plan?

You must submit a waste management plan prior to commencing 

construction. 

§ 60.2065 What should I include in my waste management plan?

A waste management plan must include consideration of the 

reduction or separation of waste-stream elements such as paper, 

cardboard, plastics, glass, batteries, or metals; or the use of 

recyclable materials. The plan must identify any additional 

waste management measures and implement those measures the 

source considers practical and feasible, considering the 

effectiveness of waste management measures already in place, the 

costs of additional measures, the emissions reductions expected 

to be achieved, and any other environmental or energy impacts 

they might have. 

Operator Training and Qualification 

§ 60.2070 What are the operator training and qualification 

requirements?

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

and qualified CISWI unit operator is accessible, either at the 

facility or can be at the facility within 1 hour. The trained 
Page 12 of 322 

and qualified CISWI unit operator may operate the CISWI unit 

directly or be the direct supervisor of one or more other plant 

personnel who operate the unit. If all qualified CISWI unit 

operators are temporarily not accessible, you must follow the 

procedures in §60.2100. 

(b) Operator training and qualification must be obtained 

through a state-approved program or by completing the 

requirements included in paragraph (c) of this section. 

(c) Training must be obtained by completing an incinerator 

operator training course that includes, at a minimum, the three 

elements described in paragraphs (c)(1) through (3) of this 

section. 

(1) Training on the eleven subjects listed in paragraphs 

(c)(1)(i) through (xi) of this section. 

(i) Environmental concerns, including types of emissions. 

(ii) Basic combustion principles, including products of 

combustion. 

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

used by the operator, including proper startup, waste charging, 

and shutdown procedures. 

(iv) Combustion controls and monitoring. 

(v) Operation of air pollution control equipment and 

factors affecting performance (if applicable). 
Page 13 of 322 

(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. 

(xi) Waste management practices. 

(2) An examination designed and administered by the

instructor. 

(3) Written material covering the training course topics 

that may serve as reference material following completion of the 

course. 

§ 60.2075 When must the operator training course be completed?

The operator training course must be completed by the later 

of the three dates specified in paragraphs (a) through (c) of 

this section. 

(a) Six months after your CISWI unit startup. 

(b) December 3, 2001. 
Page 14 of 322 

(c) The date before an employee assumes responsibility for 

operating the CISWI unit or assumes responsibility for 

supervising the operation of the CISWI unit. 

§ 60.2080 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a 

training course that satisfies the criteria under §60.2070(b). 

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

training course is completed and the operator successfully 

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

§ 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. 

(e) Discussion of operating problems encountered by

attendees. 

§ 60.2090 How do I renew my lapsed operator qualification?
Page 15 of 322 

You must renew a lapsed operator qualification by one of 

the two methods specified in paragraphs (a) and (b) of this 

section. 

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

standard annual refresher course described in §60.2085. 

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

initial qualification requirements in §60.2080(a). 

§ 60.2095 What site-specific documentation is required?

(a) Documentation must be available at the facility and 

readily accessible for all CISWI unit operators that addresses 

the ten topics described in paragraphs (a)(1) through (10) of 

this section. You must maintain this information and the 

training records required by paragraph (c) of this section in a 

manner that they can be readily accessed and are suitable for 

inspection upon request. 

(1) Summary of the applicable standards under this subpart. 

(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. 
Page 16 of 322 

(6) Monitoring procedures for demonstrating compliance with 

the incinerator operating limits. 

(7) Reporting and recordkeeping procedures. 

(8) The waste management plan required under §§60.2055 

through 60.2065. 

(9) Procedures for handling ash. 

(10) A list of the wastes burned during the performance 

test. 

(b) You must establish a program for reviewing the 

information listed in paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the information listed in

paragraph (a) of this section must be conducted within 6 months 

after the effective date of this subpart or prior to an 

employee's assumption of responsibilities for operation of the 

CISWI unit, whichever date is later. 

(2) Subsequent annual reviews of the information listed in 

paragraph (a) of this section must be conducted not later than 

12 months following the previous review. 

(c) You must also maintain the information specified in 

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

(1) Records showing the names of CISWI unit operators who 

have completed review of the information in §60.2095(a) as 
Page 17 of 322 

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

review and all subsequent annual reviews. 

(2) Records showing the names of the CISWI operators who 

have completed the operator training requirements under 

§60.2070, met the criteria for qualification under §60.2080, and 

maintained or renewed their qualification under §60.2085 or 

§60.2090. Records must include documentation of training, the 

dates of the initial and refresher training, and the dates of 

their qualification and all subsequent renewals of such 

qualifications. 

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

number at which they can be reached during operating hours. 

§ 60.2100 What if all the qualified operators are temporarily 

not accessible?

If all qualified operators are temporarily not accessible 

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

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

in paragraphs (a) and (b) of this section, depending on the 

length of time that a qualified operator is not accessible. 

(a) When all qualified operators are not accessible for 

more than 8 hours, but less than 2 weeks, the CISWI unit may be 

operated by other plant personnel familiar with the operation of 

the CISWI unit who have completed a review of the information 

specified in §60.2095(a) within the past 12 months. However, you 
Page 18 of 322 

must record the period when all qualified operators were not 

accessible and include this deviation in the annual report as 

specified under §60.2210. 

(b) When all qualified operators are not accessible for 2 

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

in paragraphs (b)(1) and (2) of this section. 

(1) Notify the Administrator of this deviation in writing 

within 10 days. In the notice, state what caused this deviation, 

what you are doing to ensure that a qualified operator is 

accessible, and when you anticipate that a qualified operator 

will be accessible. 

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

weeks outlining what you are doing to ensure that a qualified 

operator is accessible, stating when you anticipate that a 

qualified operator will be accessible and requesting approval 

from the Administrator to continue operation of the CISWI unit. 

You must submit the first status report 4 weeks after you notify 

the Administrator of the deviation under paragraph (b)(1) of 

this section. If the Administrator notifies you that your 

request to continue operation of the CISWI unit is disapproved, 

the CISWI unit may continue operation for 90 days, then must 

cease operation. Operation of the unit may resume if you meet 

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

section. 
Page 19 of 322 

(i) A qualified operator is accessible as required under 

§60.2070(a). 

(ii) You notify the Administrator that a qualified operator 

is accessible and that you are resuming operation. 

Emission Limitations and Operating Limits 

§ 60.2105 What emission limitations must I meet and by when?

(a) You must meet the emission limitations for each CISWI 

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

this subpart or tables 5 through 8 of this subpart by the 

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

emission limitations of this subpart that apply to you at all 

times. 

(b) An incinerator unit 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 September 21, 2011[THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]

must meet the more stringent emission limit for the respective 

pollutant in table 1 of this subpart or table 6 of subpart DDDD. 

§ 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 
Page 20 of 322 

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

section during the initial performance test. 

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

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

appropriate. 

(i) For continuous and intermittent units, maximum charge 

rate is 110 percent of the average charge rate measured during 

the most recent performance test demonstrating compliance with 

all applicable emission limitations. 

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

the daily charge rate measured during the most recent 

performance test demonstrating compliance with all applicable 

emission limitations. 

(2) Minimum pressure drop across the wet 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 fan for 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 
Page 21 of 322 

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 during 

the initial performance test 60 days after your CISWI unit 

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

than 180 days after its initial startup. 

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

limitations, you must operate each fabric filter system such 

that the bag leak detection system alarm does not sound more 

than 5 percent of the operating time during a 6-month period. In 

calculating this operating time percentage, if inspection of the 

fabric filter demonstrates that no corrective action is 

required, no alarm time is counted. If corrective action is 

required, each alarm shall be counted as a minimum of 1 hour. If 

you take longer than 1 hour to initiate corrective action, the 

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

by you to initiate corrective action. 

(d) If you use an electrostatic precipitator to comply with 

the emission limitations, you must measure the (secondary) 
Page 22 of 322 

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 

unit), and the reagent flow rate during the nitrogen oxides 
Page 23 of 322 

performance testing. The operating limits for the selective 

noncatalytic reduction are calculated as the lowesthighest 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(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 or 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 a particulate matter 

continuous emission monitoring systemCEMS, you must maintain 
Page 24 of 322 

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 

(i)(35) 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 (e.g., 

milliamps, stack concentration, or other raw data signal) 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).

(2) Determine your operating limit as the highest 1-hour 

average PM CPMS output value recorded during the performance 

test. 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 sitespecific operating limit in accordance with the results of the 

performance test. 

a. Your PM CPMS must provide a 4-20 milliamp output and the 

establishment of its relationship to manual reference 

method measurements must be determined in units of 

milliamps.

Formatted: Font: Courier New
Page 25 of 322 

b. 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.

c. 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 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% 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 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 (i)(5)of 

this section.

a. Determine your instrument zero output with one of the 

following procedures:

Formatted: Font: Courier New
Page 26 of 322 

(i) 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.

(ii) Zero point data for extractive instruments should 

be obtained by removing the extractive probe from 

the stack and drawing in clean ambient air.

(iii) 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.

(iv) If none of the steps in paragraphs (i)(a) through 

(d) of this section are possible, you must use a 

zero output value provided by the manufacturer.

b. Determine your PM CPMS instrument average in milliamps, 

and the average of your corresponding three PM compliance 

test runs, using equation 1.

Formatted: Font: Courier New

Formatted: Font: Courier New
Page 27 of 322 

 



  



	

,  



  



	

 (Eq. 1)

 Where:

X1 = the PM CPMS data points for the three runs 

constituting the performance test,

Y1 = the PM concentration value for the three runs 

constituting the performance test, and

 n = the number of data points. 

c. With your instrument zero expressed in milliamps, your 

three run average PM CPMS milliamp value, and your three 

run average PM concentration from your three compliance 

tests, determine a relationship of lb/Mmbtu per milliamp 

with equation 2.

( ) X z

Y

−

=

1

1

 R 

 (Eq. 2)

Where:

R = the relative mg/dscm per milliamp for your PM 

CPMS, 

Y1 = the three run average mg/dscm PM concentration,

X1 = the three run average milliamp output from you PM 

CPMS, and

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Page 28 of 322 

z = the milliamp equivalent of your instrument zero

determined from (2)(a).

d. Determine your source specific 30-day rolling average 

operating limit using the mg/dscm per milliamp value from 

Equation 2 in equation 3, below. This sets your 

operating limit at the PM CPMS output value corresponding 

to 75% of your emission limit.


  

0.75



(Eq. 3)

Where:

Ol = the operating limit for your PM CPMS on a 30-day

rolling average, in milliamps.

L = your source emission limit expressed in lb/Mmbtu,

z = your instrument zero in milliamps, determined from 

(2)(a), and

R = the relative mg/dscm per milliamp for your PM 

CPMS, from Equation 3.

(3) If the average of your three PM compliance test runs is 

at or above 75% of your PM emission limit you must determine 

your operating limit by averaging the PM CPMS milliamp output 

corresponding to your three PM performance test runs that 

demonstrate compliance with the emission limit using equation 4 

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Page 29 of 322 

and you must submit all compliance test and PM CPMS data 

according to the reporting requirements in section (5) below.


 



  



	

 (Eq. 4)

 Where:

 X1 = the PM CPMS data points for all runs i,

 n = the number of data points, and

Oh = your site specific operating limit, in milliamps.

(34) 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, 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 

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Page 30 of 322 

primary analytical range, milliamp value equivalent to the 

instrument zero output, technique by which this zero value was 

determined, and the average milliamp signals corresponding to 

each PM compliance test run.

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

activated carbon injection, selective noncatalytic reduction, or 

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 noncatalytic 

reduction, fabric filter, or an electrostatic precipitator, or a 

dry scrubber or limit emissions in some other manner, including

material balances, to comply with the emission limitations under 

§60.2105, you must petition the EPA Administrator for specific 

operating limits to be established during the initial 

performance test and continuously monitored thereafter. You must 

not conduct the initial submit the petition at least sixty days 

before the performance test until after the petition has been 

approved by the Administratoris 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. 
Page 31 of 322 

(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. 

(e) A discussion identifying the frequency and methods for 

recalibrating the instruments you will use for monitoring these 

parameters. 

§ 60.2120 Affirmative Defense for ExceedanceViolation of an 

Emission LimitStandards During Malfunction.

In response to an action to enforce the standards set forth 

in paragraph §60.2105, you may assert an affirmative defense to 

a claim for civil penalties for exceedances violations of such 

standards that are caused by malfunction, as defined at 40 CFR 

60.2. Appropriate penalties may be assessed,; however, if you 

fail to meet your burden of proving all of the requirements in 
Page 32 of 322 

the affirmative defense. The affirmative defense shall not be 

available for claims for injunctive relief. 

(a) To establish the affirmative defense in any action to 

enforce such a limitstandard, you must timely meet the 

notificationreporting requirements in paragraph (b) of this 

section, and must prove by a preponderance of evidence that: 

(1) The excess emissions:violation: 

(i) WereWas caused by a sudden, infrequent, and unavoidable 

failure of air pollution control and monitoring equipment, 

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

manner;, and 

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and 

 (iii) Did not stem from any activity or event that could 

have been foreseen and avoided, or planned for; and

(iv) WereWas not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and 

(2) Repairs were made as expeditiously as possible when the 

applicable emission limitations were being exceeded.violation 

occurred; . Off-shift and overtime labor were used, to the 

extent practicable to make these repairs; and 
Page 33 of 322 

(3) The frequency, amount, and duration of the excess

emissionsviolation (including any bypass) were minimized to the 

maximum extent practicable during periods of such emissions; and 

(4) If the excess emissionsviolation resulted from a bypass 

of control equipment or a process, then the bypass was 

unavoidable to prevent loss of life, severe personal injury, or 

severe property damage; and 

(5) All possible steps were taken to minimize the impact of 

the excess emissionsviolation on ambient air quality, the 

environment, and human health; and 

(6) All emissions monitoring and/or parameter monitoring 

and systems, as well as control systems, were kept in operation 

if at all possible, consistent with safety and good air 

pollution control practices; and 

(7) All of the actions in response to the excess 

emissionsviolation were documented by properly signed, 

contemporaneous operating logs; and 

(8) At all times, the affected facility CISWI unit source 

was operated in a manner consistent with good practices for 

minimizing emissions; and 

(9) A written root cause analysis has been prepared, the 

purpose of which is to determine, correct, and eliminate the 

primary causes of the malfunction and the excess 

emissionsviolation resulting from the malfunction event at 
Page 34 of 322 

issue. The analysis shall also specify, using best monitoring 

methods and engineering judgment, the amount of excessany

emissions that were the result of the malfunction. 

(b) Notification. The owner or operator of the facility 

experiencing an exceedance of its emission limit(s) during a 

malfunction shall notify the Administrator by telephone or 

facsimile (FAX) transmission as soon as possible, but no later 

than two business days after the initial occurrence of the 

malfunction, if it wishes to avail itself of an affirmative 

defense to civil penalties for that malfunctionReport. The owner 

or operator seeking to assert an affirmative defense shall also 

submit a written report to the Administrator within 45 days of 

the initial occurrence of the exceedance of the standard in 

§60.2105 to demonstrate, with all necessary supporting 

documentation, that it has met the requirements set forth in 

paragraph (a) of this section. The owner or operator may seek an 

extension of this deadline for up to 30 additional days by 

submitting a written request to the Administrator before the 

expiration of the 45 dayThis affirmative defense report shall be 

included in the first periodic compliance, deviation report or 

excess emission report otherwise required after the initial 

occurrence of the violation of the relevant standard (which may 

be the end of any applicable averaging period. Until a request 

for an extension has been approved by the Administrator, the 
Page 35 of 322 

owner or operator is subject to the requirement to submit). If

such compliance, deviation report withinor excess emission 

report is due less than 45 days ofafter the initial occurrence 

of the exceedanceviolation, the affirmative defense report may 

be included in the second compliance, deviation report or excess 

emission report due after the initial occurrence of the 

violation of the relevant standard. 

Performance Testing 

§ 60.2125 How do I conduct the initial and annual performance 

test?

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

three test runs conducted under conditions representative of 

normal operations. 

(b) You must document that the waste burned during the 

performance test is representative of the waste burned under 

normal operating conditions by maintaining a log of the quantity 

of waste burned (as required in §60.2175(b)(1)) and the types of 

waste burned during the performance test. 

(c) All performance tests must be conducted using the 

minimum run duration specified in table 1 of this subpart or 

tables 5 through 8 of this subpart. 

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

select the sampling location and number of traverse points. 
Page 36 of 322 

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

for gas composition analysis, including measurement of oxygen 

concentration. Method 3A or 3B of appendix A of this part must 

be used simultaneously with each method. 

(f) All pollutant concentrations, except for opacity, must 

be adjusted to 7 percent oxygen using Equation 1 of this 

section: 

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

Where: 

Cadj = pollutant concentration adjusted to 7 percent 

oxygen; 

Cmeas = pollutant concentration measured on a dry 

basis; 

(20.9–7) = 20.9 percent oxygen−7 percent oxygen (defined 

oxygen correction basis); 

20.9 = oxygen concentration in air, percent; and 

%O2 = oxygen concentration measured on a dry basis, 

percent. 

(g) You must determine dioxins/furans toxic equivalency by 

following the procedures in paragraphs (g)(1) through (34) of 

this section. 

(1) Measure the concentration of each dioxin/furan tetrathrough 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 
Page 37 of 322 

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 3 of 

this subpart. 

(34) Sum the products calculated in accordance with 

paragraph (g)(23) 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 applicabilityapplicable opacity 

operating limit, you must determine compliance with the opacity 

limit using Method 9 at 40 CFR part 60, appendix A-4 of this 

part, based on three 1-hour blocks consisting of ten 6-minute 

average opacity values, unless you are required to install a 

continuous opacity monitoring system, consistent with §60.2145 

and §60.2165.
Page 38 of 322 

(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 tetrathrough 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) Sum the quantities measured in accordance with 

paragraphs (j)(1) and (2) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of total mass 

basis.

§ 60.2130 How are the performance test data used?

You use results of performance tests to demonstrate

compliance with the emission limitations in table 1 of this 

subpart or tables 5 through 8 of this subpart. 

Initial Compliance Requirements 

§ 60.2135 How do I demonstrate initial compliance with the 

emission limitations and establish the operating limits?
Page 39 of 322 

You must conduct a performance test, as required under 

§60.2125 and §60.2105 to determine compliance with the emission 

limitations in table 1 of this subpart or tables 5 through 8 of 

this subpart, to establish compliance with any opacity operating 

limit in §60.2110, and to establish operating limits using the 

procedures in §60.2110 or §60.2115. The performance test must be 

conducted using the test methods listed in table 1 of this 

subpart or tables 5 through 8 of this subpart and the procedures 

in §60.2125. The use of the bypass stack during a performance 

test shall invalidate the performance test. You must conduct a 

performance evaluation of each continuous monitoring system 

within 60 days of installation of the monitoring system. 

§ 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 unit 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 
Page 40 of 322 

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 combusting 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 

commencing or recommencing solid waste combustion. 

§ 60.2141 By what date must I conduct the initial air pollution 

control device inspection?

(a) The initial air pollution control device inspection 

must be conducted within 60 days after installation of the 

control device and the associated CISWI unit reaches the charge 

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

the device’s initial startup. 

(b) Within 10 operating days following an air pollution 

control device inspection, all necessary repairs must be 

completed unless the owner or operator obtains written approval 

from the state agency establishing a date whereby all necessary 

repairs of the designated facility must be completed. 

Continuous Compliance Requirements 
Page 41 of 322 

§ 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 unit, 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 §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 
Page 42 of 322 

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 unit, 

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 unit 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 
Page 43 of 322 

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 
Page 44 of 322 

8 of this subpart and opacity for each CISWI unit as required 

under §60.2125. The annual performance test must be conducted 

using the test methods listed in table 1 of this subpart or 

tables 5 through 8 of this subpart and the procedures in 

§60.2125. Annual performance tests are not required if you use 

continuous emission monitoring systemsCEMS or continuous opacity 

monitoring systems to determine compliance. 

(c) You must continuously monitor the operating parameters 

specified in §60.2110 or established under §60.2115 and as 

specified in §60.2170. Use three3-hour block average values to 

determine compliance (except for baghouse leak detection system 

alarms) unless a different averaging period is established under 

§60.2115. or, for energy recovery units, where the averaging

time for each operating parameter is a 30-day rolling, 

calculated each hour as the average of the previous 720 

operating hours. Operation above the established maximum, below 

the established minimum, or outside the allowable range of 

operating limits specified in paragraph (a) of this section 

constitutes a deviation from your operating limits established 

under this subpart, except during performance tests conducted to 

determine compliance with the emission and operating limits or 

to establish new operating limits. Operating limits are 

confirmed or reestablished during performance tests. 
Page 45 of 322 

(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 

continuous emission monitoring systemCEMS or continuous opacity 

monitoring systems are used are used) and the pollutants listed 

in table 6 of this subpart. 

(g) You mustmay elect to demonstrate continuous compliance 

with the carbon monoxide emission limit using a carbon monoxide 

continuous emission monitoring systemCEMS according to the 

following requirements: 

(1) You must measure emissions according to §60.13 to 

calculate 1-hour arithmetic averages, corrected to 7 percent 

oxygen. 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. You must demonstrate initial 

compliance with the carbon monoxide emissions limit using a 30-

day rolling average of these 1-hour arithmetic average emission 

concentrations, including CEMS data during startup and shutdown 

as defined in this subpart, calculated using Equation 19-19 in 
Page 46 of 322 

section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, 

appendix A–7 of this part. 

(2) Operate the carbon monoxide continuous emission 

monitoring systemCEMS in accordance with the requirements of 

performance specification 4A of appendix B of this part and 

quality assurance procedure 1 of appendix F of this part. 

(h) ForCoal and liquid/gas energy recovery units with 

design capacitiesaverage annual heat input rates greater than or 

equal to 250 MMBtu/hr and waste-burning kilns,may elect to

demonstrate continuous compliance with the particulate matter 

emissions limit using a particulate matter continuous emission 

monitoring system CEMS according to the procedures in 

§60.2165(n).

(i) For) instead of the particulate matter continuous 

parameter monitoring system (CPMS) specified in §60.2145. Coal 

and liquid/gas energy recovery units with design 

capacitiesannual average heat input rates less than 250 

MMBtu/hr, incinerators, and small remote incinerators may also 

elect to demonstrate compliance using a particulate matter CEMS 

according to the procedures in §60.2165(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. 
Page 47 of 322 

(i) For energy recovery units with annual average heat 

input rates greater than or equal to 10 MMBtu/hour, if you have 

an opacity operating limit and less than 250 MMBtu/hr, you must 

install, operate, certify and maintain a continuous opacity 

monitoring system (COMS) according to the procedures in 

§60.2165. 

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

performance test for cadmium, lead, dioxins/furans and hydrogen 

chloride as listed in table 7 of this subpart. You must 

determine compliance with hydrogen chloride using a hydrogen 

chloride continuous emission monitoring systemCEMS if you do not 

use an acid gas wet scrubber or dry scrubber. You must determine 

compliance with nitrogen oxides, sulfur dioxide, and carbon 

monoxide, and using CEMS. You must determine compliance with 

particulate matter using continuous emission monitoring 

systemsCPMS. You must determine compliance with the mercury 

emissions limit using a mercury continuous emission monitoring 

systemCEMS according to the following requirements: 

(1) Operate a continuous emission monitoringCEMS system in 

accordance with performance specification 12A of 40 CFR part 60, 

appendix B or a sorbent trap based integrated monitor in 

accordance with performance specification 12B of 40 CFR part 60, 

appendix B. The duration of the performance test must be a 

calendar month. For each calendar month in which the waste-
Page 48 of 322 

burning kiln operates, hourly mercury concentration data, and 

stack gas volumetric flow rate data must be obtained. You must 

demonstrate compliance with the mercury emissions limit using a 

30-day rolling average of these 1-hour mercury concentrations, 

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.

(2) Owners or operators using a mercury continuous emission 

monitoring systemCEMS 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 specifications 6 and 12A of 40 

CFR part 60, appendix B, and quality assurance procedure 6 of 40 

CFR part 60, appendix F. 

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

demonstrate initial compliance by operating a mercury continuous 

emission monitoring systemCEMS while the raw mill of the in-line 

kiln/raw mill is operating under normal conditions and while the 

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

at least one period when the raw mill is off. 
Page 49 of 322 

(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. 

(2) Develop a site-specific monitoring plan according to 

the requirements in paragraph (l) of this section. This 

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under 

§60.13(i). 

(l) For each continuous monitoring system required in this 

section, you must develop and submit to the EPA Administrator 

for approval a 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 
Page 50 of 322 

is representative of control of the exhaust emissions (e.g., on 

or downstream of the last control device). 

(ii) Performance and equipment specifications for the 

sample interface, the pollutant concentration or parametric 

signal analyzer and the data collection and reduction systems. 

(iii) Performance evaluation procedures and acceptance 

criteria (e.g., calibrations). 

(iv) Ongoing operation and maintenance procedures in 

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

(v) Ongoing data quality assurance procedures in accordance 

with the general requirements of §60.13. 

(vi) Ongoing recordkeeping and reporting procedures in 

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

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

(2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific monitoring plan. 

(3) You must operate and maintain the continuous monitoring 

system in continuous operation according to the site-specific 

monitoring plan. 

(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. 
Page 51 of 322 

(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 of the expected process 

flow rate.

(3) Minimize the effects of swirling flow or abnormal 

velocity distributions due to upstream and downstream 

disturbances. 

(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 least once each process operating 

daythe frequency outlined in your site-specific monitoring plan
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to ensure pressure measurements are not obstructed (e.g., check 

for pressure tap pluggage daily). 

(5) Conduct a performance evaluation of the pressure 

monitoring system in accordance with your monitoring plan at the 

time of each performance test but no less frequently than 

annually. 

(6) If at any time the measured pressure exceeds the 

manufacturer's specified maximum operating pressure range, 

conduct a performance evaluation of the pressure monitoring 

system in accordance with your monitoring plan and confirm that 

the pressure monitoring system continues to meet the performance 

requirements in your monitoring plan. Alternatively, install and 

verify the operation of a new pressure sensor. 

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

(1) Install sensors to measure (secondary) voltage and 

current to the precipitator collection plates. 

(2) Conduct a performance evaluation of the electric power 

monitoring system in accordance with your monitoring plan at the 

time of each performance test but no less frequently than 

annually. 

(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. 

(2) Conduct a performance evaluation of the sorbent

injection rate monitoring system in accordance with your 
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monitoring plan at the time of each performance test but no less 

frequently than annually. 

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

system to comply with the requirements of this subpart, you must 

install, calibrate, maintain, and continuously operate a bag 

leak detection system as specified in paragraphs(l) and (r)(1) 

through (5) of this section. 

(1) Install a bag leak detection sensor(s) in a position(s) 

that will be representative of the relative or absolute 

particulate matter loadings for each exhaust stack, roof vent, 

or compartment (e.g., for a positive pressure fabric filter) of 

the fabric filter. 

(2) Use a bag leak detection system certified by the 

manufacturer to be capable of detecting particulate matter 

emissions at concentrations of 10 milligrams per actual cubic 

meter or less. 

(3) Conduct a performance evaluation of the bag leak 

detection system in accordance with your monitoring plan and 

consistent with the guidance provided in EPA–454/R–98–015 

(incorporated by reference, see §60.17). 

(4) Use a bag leak detection system equipped with a device 

to continuously record the output signal from the sensor. 

(5) Use a bag leak detection system equipped with a system 

that will sound an alarm when an increase in relative 
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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 continuous emission monitoring 

systemCEMS to demonstrate compliance with the sulfur dioxide 

emission limit, compliance with the sulfur dioxide emission 

limit may be demonstrated by using the continuous emission 

monitoring systemCEMS specified in §60.2165 to measure sulfur 

dioxide. CEMS data during startup and calculatingshutdown, as 

defined in this subpart, are not corrected to 7 percent oxygen, 

and are measured at stack oxygen content. You must calculate a 

30-day rolling average emission concentrationof the 1-hour 

arithmetic average emission concentrations, 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. The sulfur dioxide continuous emission monitoring 

systemCEMS must be operated according to performance 

specification 2 in appendix B of this part and must follow the 

procedures and methods specified in this paragraph (s). For 

sources that have actual inlet emissions less than 100 parts per 

million dry volume, the relative accuracy criterion for inlet 

sulfur dioxide continuous emission monitoring systemsCEMS should 

be no greater than 20 percent of the mean value of the reference 
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method test data in terms of the units of the emission standard, 

or 5 parts per million dry volume absolute value of the mean 

difference between the reference method and the continuous 

emission monitoring systemsCEMS, whichever is greater. 

(1) During each relative accuracy test run of the 

continuous emission monitoring systemCEMS 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 continuous 

emissions monitorsCEMS and the test methods specified in 

paragraphs (s)(1)(i) and (s)(1)(ii) of this section. 

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

an alternative ANSI/ASME PTC 19.10–1981 (incorporated by 

reference, see §60.17) must be used. 

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

3A or 3B, or as an alternative ANSI/ASME PTC 19.10–1981 

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

(2) The span value of the continuous emission monitoring 

systemCEMS at the inlet to the sulfur dioxide control device 

must be 125 percent of the maximum estimated hourly potential 

sulfur dioxide emissions of the unit subject to this rule. The 

span value of the continuous emission monitoring systemCEMS at 

the outlet of the sulfur dioxide control device must be 50 
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percent of the maximum estimated hourly potential sulfur dioxide 

emissions of the unit subject to this rule. 

(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 continuous emission monitoring 

systemCEMS to demonstrate continuous compliance with the 

nitrogen oxides emission limit, compliance with the nitrogen 

oxides emission limit may be demonstrated by using the 

continuous emission monitoring systemCEMS specified in §60.2165 

to measure nitrogen oxides. CEMS data during startup and 

calculatingshutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. You must calculate a 30-day rolling average emission 

concentrationof the 1-hour arithmetic average emission 

concentrations, including CEMS data during starup 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 A7 of this part. The nitrogen oxides continuous emission 

monitoring systemCEMS must be operated according to performance 

specification 2 in appendix B of this part and must follow the 

procedures and methods specified in paragraphs (t)(1) through 

(t)(5) of this section. 
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(1) During each relative accuracy test run of the 

continuous emission monitoring systemCEMS 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 continuous 

emission monitoring systemsCEMS and the test methods specified 

in paragraphs (t)(1)(i) and (t)(1)(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. 

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

3A or 3B at 40 CFR part 60, appendix A-3, or as an alternative 

ANSI/ASME PTC 19–10.1981 (incorporated by reference, see 

§60.17), as applicable, must be used. 

(2) The span value of the continuous emission monitoring 

system must be 125 percent of the maximum estimated hourly 

potential nitrogen oxide emissions of the unit. 

(3) Conduct accuracy determinations quarterly and 

calibration drift tests daily in accordance with procedure 1 in 

appendix F of this part. 

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

request that compliance with the nitrogen oxides emission limit 

be determined using carbon dioxide measurements corrected to an 

equivalent of 7 percent oxygen. If carbon dioxide is selected 

for use in diluent corrections, the relationship between oxygen 
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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 (t)(4)(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 

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

concentration at the same location as the carbon dioxide 

monitor. 

(ii) Samples must be taken for at least 30 minutes in each 

hour. 

(iii) Each sample must represent a 1-hour average. 

(iv) A minimum of three runs must be performed. 

(u) For facilities using a continuous emission monitoring 

systemCEMS to demonstrate continuous compliance with any of the 

emission limits of this subpart, you must complete the 

following: 

(1) Demonstrate compliance with the appropriate emission 

limit(s) using a 30-day rolling average of 1-hour arithmetic 

average emission concentrations, including CEMS data during 

startup and shutdown as defined in this subpart, calculated 
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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 the subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. 

(2) Operate all continuous emission monitoring systemsCEMS

in accordance with the applicable procedures under appendices B 

and F of this part. 

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

standards deviation for particulate matter, HCl, Pb, Cd, Hg, 

NOx, SO2, and dioxin/furans. 

(w) For energy recovery units with a design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 

carbon monoxide CEMS, you must install, operate, and maintain a 

oxygen analyzer system as defined in §60.2265 according to the 

procedures in paragraphs (w)(1) through (4) of this section.

(1) The oxygen analyzer system must be installed by the 

initial performance test date specified in §60.2675. 

(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 
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concentration measured during the most recent CO performance 

test.

(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 wasteburning 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 §60.2145(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 may be expressed as milliamps, stack concentration, 

or other raw data signal.
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(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of 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 §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 millamps, PM concentration, or 

other raw data signal value.

(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 (e.g., 

milliamps, PM concentration, raw data signal).

(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 
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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.
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(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; and

(iii) Within 4530 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 or 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.
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§ 60.2150 By what date must I conduct the annual performance 

test?

You must conduct annual performance tests between 11 and 13 

months of the previous performance test. 

§ 60.2151 By what date must I conduct the annual air pollution 

control device inspection?

On an annual basis (no more than 12 months following the 

previous annual air pollution control device inspection), you 

must complete the air pollution control device inspection as 

described in §60.2141. 

§ 60.2155 May I conduct performance testing less often?

(a) You must conduct annual performance tests according to 

the schedule specified in §60.2150, with the following 

exceptions: 

(1) You may conduct a repeat performance test at any time 

to establish new values for the operating limits to apply from 

that point forward, as specified in §60.2160. The Administrator 

may request a repeat performance test at any time. 

(2) You must repeat the performance test within 60 days of 

a process change, as defined in §60.2265. 

(3) If the initial or any subsequent performance test for 

any pollutant in table 1 or tables 5 through 8 of this subpart, 

as applicable, demonstrates that the emission level for the 

pollutant is no greater than the emission level specified in 
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paragraph (a)(3)(i) or (a)(3)(ii) of this section, as 

applicable, 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, you may elect to 

skip conducting a performance test for the 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. For 

cadmium and lead, both cadmium and lead must be emitted at 

emission levels no greater than their respective emission levels 

specified in paragraph (a)(3)(i) of this section for you to 

qualify for less frequent testing under this paragraph. 

(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, to this subpart. 

(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 
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your CISWI unit does not meet the emission level specified in 

paragraph (a)(3)(i) or (a)(3)(ii) of this section, as 

applicable, you must conduct annual performance tests for the 

pollutant according to the schedule specified in paragraph (a) 

of this section until you qualify for less frequent testing for 

the pollutant as specified in paragraph (a)(3) of this section. 

(b) [Reserved] 

§ 60.2160 May I conduct a repeat performance test to establish 

new operating limits?

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

time to establish new values for the operating limits. The 

Administrator may request a repeat performance test at any time. 

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

stream is different than the feed streams used during any 

performance test used to demonstrate compliance. 

Monitoring 

§ 60.2165 What monitoring equipment must I install and what 

parameters must I monitor?

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

emission limitation under §60.2105, you must install, calibrate 

(to manufacturers' specifications), maintain, and operate 

devices (or establish methods) for monitoring the value of the 

operating parameters used to determine compliance with the 

operating limits listed in table 2 of this subpart. These 
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devices (or methods) must measure and record the values for 

these operating parameters at the frequencies indicated in table 

2 of this subpart at all times except as specified in 

§60.2170(a). 

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

requirements of this subpart, you must install, calibrate, 

maintain, and continuously operate a bag leak detection system 

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

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

system for each exhaust stack of the fabric filter.

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

operated, calibrated, and maintained in a manner consistent with 

the manufacturer's written specifications and recommendations. 

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

manufacturer to be capable of detecting particulate matter 

emissions at concentrations of 10 milligrams per actual cubic 

meter or less. 

(4) The bag leak detection system sensor must provide 

output of relative or absolute particulate matter loadings. 

(5) The bag leak detection system must be equipped with a 

device to continuously record the output signal from the sensor. 

(6) The bag leak detection system must be equipped with an 

alarm system that will alert automatically an operator when an 

increase in relative particulate matter emissions over a preset 
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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. 

(8) Where multiple detectors are required, the system's 

instrumentation and alarm may be shared among detectors. 

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

activated carbon, selective non-catalytic reduction, or an 

electrostatic precipitator, or a dry scrubber to comply with the 

emission limitations under §60.2105, you must install, calibrate 

(to the manufacturers’ specifications), maintain, and operate 

the equipment necessary to monitor compliance with the sitespecific operating limits established using the procedures in 

§60.2115. 

(d) If you use activated carbon injection to comply with 

the emission limitations in this subpart, you must measure the 

minimum mercury sorbent flow rate once per hour. 

(e) If you use selective noncatalytic reduction to comply 

with the emission limitations, you must complete the following: 

(1) Following the date on which the initial performance 

test is completed or is required to be completed under §60.2125, 
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whichever date comes first, ensure that the affected facility 

does not operate above the maximum charge rate, or below the 

minimum secondary chamber temperature (if applicable to your 

CISWI unit) or the minimum reagent flow rate measured as 3-hour 

block averages at all times. 

(2) Operation of the affected facility above the maximum 

charge rate, below the minimum secondary chamber temperature and 

below the minimum reagent flow rate simultaneously constitute a 

violation of the nitrogen oxides emissions limit. 

(f) If you use an electrostatic precipitator to comply with 

the emission limits of this subpart, you must monitor the 

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, in place of hydrogen chloride testing 

with EPA Method 321 at 40 CFR part 63, appendix A, an owner or 

operator must install, calibrate, maintain, and operate a 

continuous emission monitoring systemCEMS for monitoring 

hydrogen chloride emissions discharged to the atmosphere and 

record the output of the system. To demonstrate continuous 

compliance with the hydrogen chloride emissions limit for units 

other than waste-burning kilns not equipped with a wet scrubber
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or dry scrubber, a facility may substitute use of a hydrogen 

chloride continuous emission monitoring systemCEMS for 

conducting the hydrogen chloride annual performance test, 

monitoring the minimum hydrogen chloride sorbent flow rate, and 

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 a particulate matter continuous emission monitoring 

systemCEMS for conducting the particulate matterPM annual 

performance test and monitoring the minimumusing other CMS for 

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

secondary power, PM scrubber pressure drop across the wet 

scrubber, if applicable.).

(i) To demonstrate continuous compliance with the 

dioxin/furan emissions limit, a facility may substitute use of a 

continuous automated sampling system for the dioxin/furan annual 

performance test. You must record the output of the system and 

analyze the sample according to EPA Method 23 at 40 CFR part 60, 

appendix A-7 of this part. You may propose alternative 

continuous monitoring consistent with the requirements in 

§60.13(i).This option to use a continuous automated sampling 

system takes effect on the date a final performance

specification applicable to dioxin/furan from continuous 
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monitors is published in the Federal Register. The owner or 

operator who elects to continuously sample dioxin/furan 

emissions instead of sampling and testing using EPA Method 23 at 

40 CFR part 60, appendix A-7 must install, calibrate, maintain, 

and operate a continuous automated sampling system and must 

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

facility may substitute continuous dioxin/furan monitoring for 

the minimum sorbent flow rate, if activated carbon sorbent 

injection is used solely for compliance with the dioxin/furan 

emission limit.

(j) To demonstrate continuous compliance with the mercury 

emissions limit, a facility may substitute use of a continuous 

automated sampling system for the mercury annual performance 

test. You must record the output of the system and analyze the 

sample at set intervals using any suitable determinative 

technique that can meet performance specification 12B. The owner 

or operator who elects to continuously sample mercury emissions 

instead of sampling and testing using EPA Reference Method 29 or 

30B at 40 CFR part 60, appendix A-8 of this part, ASTM D6784-02 

(Reapproved 2008) (incorporated by reference, see §60.17), or an 

approved alternative method for measuring mercury emissions, 

must install, calibrate, maintain, and operate a continuous 

automated sampling system and must comply with performance 

specification 12A and quality assurance procedure 5, as well as 
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the requirements specified in §60.58b(p) and (q). A facility may 

substitute continuous mercury monitoring for the minimum sorbent 

flow rate, if activated carbon sorbent injection is used solely 

for compliance with the mercury emission limit.

(k) To demonstrate continuous compliance with the nitrogen 

oxides emissions limit, a facility may substitute use of a 

continuous emission monitoring systemCEMS for the nitrogen 

oxides 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 continuous 

emission monitoring systemCEMS for measuring nitrogen oxides 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 2 

of appendix B of this part, the quality assurance procedure one 

of appendix F of this part and the procedures under §60.13 must 

be followed for installation, evaluation, and operation of the 

continuous emission monitoring systemCEMS. 

(2) Following the date that the initial performance test 

for nitrogen oxides is completed or is required to be completed 

under §60.2125, compliance with the emission limit for nitrogen 

oxides required under §60.52b(d) must be determined based on the 

30-day rolling average of the hourly emission concentrations 
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using continuous emission monitoring systemCEMS outlet data. The 

1-hour arithmetic averages must be expressed in parts per 

million by volume corrected to 7 percent oxygen (dry basis) and 

used to calculate the 30-day rolling average concentrations.

CEMS data during startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent oxygen, and are measured 

at stack oxygen content. The 1-hour arithmetic averages must be 

calculated using the data points required under §60.13(e)(2). 

(l) To demonstrate continuous compliance with the sulfur 

dioxide emissions limit, a facility may substitute use of a 

continuous automated sampling system for the sulfur dioxide 

annual performance test to demonstrate compliance with the 

sulfur dioxide emissions limits. 

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

emission monitoring systemCEMS for measuring sulfur dioxide 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 2 

of appendix B of this part, the quality assurance requirements 

of procedure one of appendix F of this part and procedures under 

§60.13 must be followed for installation, evaluation, and 

operation of the continuous emission monitoring systemCEMS. 

(2) Following the date that the initial performance test 

for sulfur dioxide is completed or is required to be completed 

under §60.2125, compliance with the sulfur dioxide emission 
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limit may be determined based on the 30-day rolling average of 

the hourly arithmetic average emission concentrations using 

continuous emission monitoring systemCEMS outlet data. The 1-

hour arithmetic averages must be expressed in parts per million 

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

the 30-day rolling average emission concentrations and daily 

geometric average emission percent reductions.. CEMS data during 

startup and shutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. The 1-hour arithmetic averages must be calculated using 

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

(m) For energy recovery units over 10 MMBtu/hr designbut 

less than 250 MMBtu/hr annual average heat input rates that do 

not use a wet scrubber, fabric filter with bag leak detection 

system, or particulate matter continuous emission monitoring 

systemCEMS, you must install, operate, certify, and maintain a 

continuous opacity monitoring system according to the procedures 

in paragraphs (m)(1) through (5) of this section by the 

compliance date specified in §60.2105. Energy recovery units 

that use a particulate matter continuous emission monitoring 

systemCEMS to demonstrate initial and continuing compliance 

according to the procedures in §60.2165(n) are not required to 

install a continuous opacity monitoring system and must perform 
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the annual performance tests for the opacity consistent with 

§60.2145(f). 

(1) Install, operate, and maintain each continuous opacity 

monitoring system according to performance specification 1 of 40 

CFR part 60, appendix B. 

(2) Conduct a performance evaluation of each continuous 

opacity monitoring system according to the requirements in 

§60.13 and according to PS-1 of 40 CFR part 60, appendix B. 

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

monitoring system must complete a minimum of one cycle of 

sampling and analyzing for each successive 10-second period and 

one cycle of data recording for each successive 6-minute period. 

(4) Reduce the continuous opacity monitoring system data as 

specified in §60.13(h)(1). 

(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 with 

design capacities greater than 250 MMBtu/hr, in place of 

particulate matter testing with EPA Method 5 at 40 CFR part 60, 

appendix A-3, incinerators, and small remote incinerators, an 

owner or operator mustmay elect to install, calibrate, maintain, 

and operate a continuous emission monitoring systemCEMS for 

monitoring particulate matter emissions discharged to the 

atmosphere and record the output of the system. The owner or 
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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, 

as applicable, monitor with a particulate matter CPMS according 

to paragraph (r) of this section, must install, calibrate, 

maintain, and operate a continuous emission monitoring 

systemCEMS and must comply with the requirements specified in

paragraphs (n)(1) through (n)(1413) of this section. 

(1) Notify the Administrator 1 month before starting use of 

the system. 

(2) Notify the Administrator 1 month before stopping use of 

the system. 

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

in accordance with the requirements of performance specification 

11 of appendix B of this part and quality assurance requirements 

of procedure two of appendix F of this part and §60.13. Use 

Method 5 or Method 5I of Appendix A of this part for the PM CEMS 

correlation testing. (4) The initial performance evaluation must 

be completed no later than 180 days after the date of initial 

startup of the affected facility, as specified under §60.2125 or 

within 180 days of notification to the Administrator of use of 

the continuous monitoring system if the owner or operator was 

previously determining compliance by Method 5 performance tests, 

whichever is later. 
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(5) The owner or operator of an affected facility may 

request that compliance with the particulate matter emission 

limit be determined using carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. The relationship between 

oxygen and carbon dioxide levels for the affected facility must 

be established according to the procedures and methods specified 

in §60.2145(s)(5)(i) through (s)(5)(iv). 

(6) The owner or operator of an affected facility must 

conduct an initial performance test for particulate matter 

emissions as required under §60.2125. Compliance with the 

particulate matter emission limit, if PM CEMS are elected for 

demonstrating compliance, must be determined by using the 

continuous emission monitoring systemCEMS specified in paragraph 

(n) of this section to measure particulate matter and 

calculating. You must calculate a 30-day rolling average 

emission concentrationof 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 A7. 

(7) 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-
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hour arithmetic average continuous emission monitoring 

systemCEMS outlet data. 

(8) At a minimum, valid continuous monitoring system hourly 

averages must be obtained as specified in §60.2170(e). 

(9) The 1-hour arithmetic averages required under paragraph 

(n)(7) of this section must be expressed in milligrams per dry 

standard cubic meter corrected to 7 percent oxygen (dry basis) 

and must be used to calculate the 30-day rolling average 

emission concentrations. CEMS data during startup and shutdown, 

as defined in this subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content. The 1-hour 

arithmetic averages must be calculated using the data points 

required under §60.13(e)(2). 

(10) All valid continuous emission monitoring systemCEMS

data must be used in calculating average emission concentrations 

even if the minimum continuous emission monitoring systemCEMS

data requirements of paragraph (n)(8) of this section are not 

met. 

(11) The continuous emission monitoring systemCEMS must be 

operated according to performance specification 11 in appendix B 

of this part. 

(12) During each relative accuracy test run of the 

continuous emission monitoring systemCEMS required by 

performance specification 11 in appendix B of this part, 
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particulate matter and oxygen (or carbon dioxide) data must be 

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

both the continuous emissions monitorsCEMS and the following 

test methods. 

(i) For particulate matter, EPA Reference Method 5 must be 

used. 

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

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

(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance with 

procedure 2 in appendix F of this part. 

(14) When particulate matter emissions data are not

obtained because of continuous emission monitoring system 

breakdowns, repairs, calibration checks, and zero and span 

adjustments, emissions data must be obtained by using other 

monitoring systems as approved by the Administrator or EPA 

Reference Method 19 at 40 CFR part 60, appendix A-7 to provide, 

as necessary, valid emissions data for a minimum of 85 percent 

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

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

affected facility is operated and combusting waste.

(o) To demonstrate continuous compliance with the carbon 

monoxide emissions limit, you must use a continuous automated 

sampling system. 
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(1) Install, calibrate, maintain, and operate a continuous 

emission monitoring systemCEMS for measuring carbon monoxide 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 4B 

of appendix B of this part, the quality assurance procedure 1 of 

appendix F of this part and the procedures under §60.13 must be 

followed for installation, evaluation, and operation of the 

continuous emission monitoring systemCEMS. 

(2) Following the date that the initial performance test 

for carbon monoxide is completed or is required to be completed 

under §60.2140, compliance with the carbon monoxide emission 

limit mustmay be determined based on the 30-day rolling average 

of the hourly arithmetic average emission concentrations using 

continuous emission monitoring system outlet data. The, 

including CEMS data during startup and shutdown as defined in 

this subpart, using CEMS outlet data. Except for CEMS data 

during startup and shutdown, as defined in this subpart, the 1-

hour arithmetic averages must be expressed in parts per million 

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

the 30-day rolling average emission concentrations. CEMS data 

during startup and shutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. The 1-hour arithmetic averages must be calculated using 

the data points required under §60.13(e)(2). 
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(p) The owner/operator of an affected source with a bypass 

stack shall install, calibrate (to manufacturers’ 

specifications), maintain, and operate a device or method for 

measuring the use of the bypass stack including date, time and 

duration. 

(q) For energy recovery units with a design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 

carbon monoxide CEMS, you must install, operate, and maintain a 

oxygen analyzer system as defined in §60.2265 according to the 

procedures in paragraphs (q)(1) through (4) of this section.

(1) The oxygen analyzer system must be installed by the 

initial performance test date specified in §60.2675. 

(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) or this section is not 

below the lowest hourly average oxygen concentration measured 

during the most recent CO performance test.

(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-
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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 §60.2145(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 detection of the exhaust gas 

or representative sample. The reportable measurement output from 

the PM CPMS may be expressed as milliamps, stack concentration, 

or other raw data signal.

(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.
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(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of 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 §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 millamps, PM concentration, or 

other raw data signal value.

(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 (e.g., 

milliamps, PM concentration, raw data signal).

(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 
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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 
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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; and

(iii) Within 45 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 or 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.

(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.
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(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.

§ 60.2170 Is there a minimum amount of monitoring data I must 

obtain?

For each continuous monitoring system required or 

optionally allowed under §60.2165, you must collect data 

according to this section: 

(a) You must operate the monitoring system and collect data 

at all required intervals at all times compliance is required 

except for periods of monitoring system malfunctions or out-ofcontrol periods, repairs associated with monitoring system 

malfunctions or out-of-control periods (as specified in 

60.2210(o) of this part), 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-
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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 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 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.

Recordkeeping and Reporting 

§ 60.2175 What records must I keep?

You must maintain the items (as applicable) as specified in 

paragraphs (a), (b), and (e) through (ux) of this section for a 

period of at least 5 years: 

(a) Calendar date of each record. 
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(b) Records of the data described in paragraphs (b)(1) 

through (6) of this section: 

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

charge rates. 

(2) Liquor flow rate to the wet scrubber inlet every 15 

minutes of operation, as applicable. 

(3) Pressure drop across the wet scrubber system every 15 

minutes of operation or amperage to the wet scrubber every 15 

minutes of operation, as applicable. 

(4) Liquor pH as introduced to the wet scrubber every 15 

minutes of operation, as applicable. 

(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under §60.2110(d) 

through (fg) or §60.2115, you must maintain data collected for

all operating parameters used to determine compliance with the 

operating limits. For energy recovery units using activated 

carbon injection or a dry scrubber, you must also maintain 

records of the load fraction and corresponding sorbent injection 

rate records.

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

limitations, you must record the date, time, and duration of 

each alarm and the time corrective action was initiated and 

completed, and a brief description of the cause of the alarm and 

the corrective action taken. You must also record the percent of 
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operating time during each 6-month period that the alarm sounds, 

calculated as specified in §60.2110(c). 

(c) [Reserved] 

(d) [Reserved] 

(e) Identification of calendar dates and times for which 

data show a deviation from the operating limits in table 2 of 

this subpart or a deviation from other operating limits 

established under §60.2110(d) through (fg) or §60.2115 with a 

description of the deviations, reasons for such deviations, and 

a description of corrective actions taken. 

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

performance tests conducted to determine compliance with the 

emission limits and/or to establish operating limits, as 

applicable. Retain a copy of the complete test report including 

calculations. 

(g) All documentation produced as a result of the siting 

requirements of §§60.2045 and 60.2050. 

(h) Records showing the names of CISWI unit operators who 

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

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

review and all subsequent annual reviews. 

(i) Records showing the names of the CISWI operators who 

have completed the operator training requirements under 

§60.2070, met the criteria for qualification under §60.2080, and 
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maintained or renewed their qualification under §60.2085 or 

§60.2090. Records must include documentation of training, the 

dates of the initial and refresher training, and the dates of 

their qualification and all subsequent renewals of such 

qualifications. 

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

number at which they can be reached during operating hours. 

(k) Records of calibration of any monitoring devices as 

required under §60.2165. 

(l) Equipment vendor specifications and related operation 

and maintenance requirements for the incinerator, emission 

controls, and monitoring equipment. 

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

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

burned and the types of waste burned (always required). 

(o) Maintain records of the annual air pollution control 

device inspections that are required for each CISWI unit subject 

to the emissions limits in table 1 of this subpart or tables 5 

through 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. 
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(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. You must indicate which data are CEMS data during 

startup and shutdown.

(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 hydrogen chloride 

emissions. 

(8) All 1-hour average percent oxygen concentrations.

(9) All 1-hour average PM CPMS readings or particulate 

matter continuous emissions monitorCEMS outputs.

(q) Records indicating use of the bypass stack, including 

dates, times, and durations. 

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

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

annual records that document that your emissions in the previous 

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

emission limit and document that there was no change in source 

operations including fuel composition and operation of air 
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pollution control equipment that would cause emissions of the 

relevant pollutant to increase within the past year. 

(s) Records of the occurrence and duration of each 

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

pollution control and monitoring equipment. 

(t) Records of all required maintenance performed on the 

air pollution control and monitoring equipment. 

(u) Records of actions taken during periods of malfunction 

to minimize emissions in accordance with §60.11(d), including 

corrective actions to restore malfunctioning process and air 

pollution control and monitoring equipment to its normal or 

usual manner of operation. 

(v) For operating units that burn combust non-hazardous 

secondary materials other than traditional fuels as defined in 

§241.2, a description that have been determined not to be solid 

waste pursuant to §241.3(b)(1) of each material burned, and this 

chapter, you must keep a record which documents how eachthe 

secondary material that is not a traditional fuel meets each of 

the legitimacy criteria inunder §241.3(d)(1). If you combust a 

materialfuel that has been processed from a discarded nonhazardous secondary material pursuant to §241.3(b)(4),) of this 

chapter, you must keep records as to how the operations that 

produced the material satisfyfuel satisfies the definition of 

processing in §241.2 and each of the legitimacy criteria of 
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§241.3(d)(1) of this chapter. If the materialfuel received a 

non-waste determination pursuant to the petition process 

submitted under §241.3(c),) of this chapter, you must keep a 

copy of record that documents how the non-waste determination 

granted by EPA.

(w)fuel satisfies the requirements of the petition process.

For operating units that burn tires,combust non-hazardous 

secondary materials as fuel per §241.4, you must keep records 

documenting that the material is a listed non-waste under 

§241.4(a).

(1) A certification that the shipment of tires that are 

non-waste per 40 CFR 241.3(b)(2)(i), are part of an established 

tire collection program, consistent with the definition of that 

term in §241.2. The certification must document that the tires 

were not discarded and are handled as valuable commodities in 

accordance with §241.3(d), from the point of removal from the 

automobile through arrival at the combustion facility. The 

certification must identify the entity the tires were received 

from (for example, the name of the state or private collection 

program), the quantity, volume, or weight of tires received by 

you, and the dates received. The certification must be signed by 

the owner or operator of the combustion unit, or by a 

responsible official of the established tire collection program, 

and must include the following certification of compliance, “The 
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tires from this tire collection program meet the EPA definition 

of an established tire collection program in 40 CFR section 

241.” and state the title or position of the person signing the 

certification. 

(2) You must also keep a record that identifies where on 

your plant site the tires from each tire collection program are 

located, and that accounts for all tires at the plant site.

(w) Records of the criteria used to establish that the unit 

qualifies as a small power production facility under section 

3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) and 

that the waste material the unit is proposed to burn is 

homogeneous.

(x) Records of the criteria used to establish that the unit 

qualifies as a cogeneration facility under section 3(18)(B) of 

the Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is homogeneous.

§ 60.2180 Where and in what format must I keep my records?

All records must be available onsite in either paper copy 

or computer-readable format that can be printed upon request, 

unless an alternative format is approved by the Administrator. 

§ 60.2185 What reports must I submit?

See Tabletable 4 of this subpart for a summary of the 

reporting requirements. 

§ 60.2190 What must I submit prior to commencing construction?
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You must submit a notification prior to commencing 

construction that includes the five items listed in paragraphs 

(a) through (e) of this section. 

(a) A statement of intent to construct. 

(b) The anticipated date of commencement of construction. 

(c) All documentation produced as a result of the siting 

requirements of §60.2050. 

(d) The waste management plan as specified in §§60.2055 

through 60.2065. 

(e) Anticipated date of initial startup. 

§ 60.2195 What information must I submit prior to initial 

startup?

You must submit the information specified in paragraphs (a) 

through (e) of this section prior to initial startup. 

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

(b) The maximum design waste burning capacity. 

(c) The anticipated maximum charge rate. 

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

limits under §60.2115. 

(e) The anticipated date of initial startup. 

§ 60.2200 What information must I submit following my initial 

performance test?

You must submit the information specified in paragraphs (a) 

through (c) of this section no later than 60 days following the 
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initial performance test. All reports must be signed by the 

facilities manager. 

(a) The complete test report for the initial performance 

test results obtained under §60.2135, as applicable. 

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

established in §60.2110 or §60.2115. 

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

emission limitations, documentation that a bag leak detection 

system has been installed and is being operated, calibrated, and 

maintained as required by §60.2165(b). 

§ 60.2205 When must I submit my annual report?

You must submit an annual report no later than 12 months 

following the submission of the information in §60.2200. You 

must submit subsequent reports no more than 12 months following 

the previous report. (If the unit is subject to permitting 

requirements under title V of the Clean Air Act, you may be 

required by the permit to submit these reports more frequently.) 

§ 60.2210 What information must I include in my annual report?

The annual report required under §60.2205 must include the 

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

If you have a deviation from the operating limits or the 

emission limitations, you must also submit deviation reports as 

specified in §§60.2215, 60.2220, and 60.2225. 

(a) Company name and address. 
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(b) Statement by a responsible official, with that 

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

of the content of the report. 

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

reporting period. 

(d) The values for the operating limits established

pursuant to §60.2110 or §60.2115. 

(e) If no deviation from any emission limitation or

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting period. 

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

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

parameter recorded for the calendar year being reported. 

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

through (e) for the calendar year being reported. 

(h) If a performance test was conducted during the 

reporting period, the results of that test. 

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

did not conduct a performance test during the reporting period, 

you must state that you met the requirements of §60.2155(a) or 

(b), and, therefore, you were not required to conduct a 

performance test during the reporting period. 
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(j) Documentation of periods when all qualified CISWI unit 

operators were unavailable for more than 8 hours, but less than 

2 weeks. 

(k) If you had a malfunction during the reporting period, 

the compliance report must include the number, duration, and a 

brief description for each type of malfunction that occurred 

during the reporting period and that caused or may have caused 

any applicable emission limitation to be exceeded. The report 

must also include a description of actions taken by an owner or 

operator during a malfunction of an affected source to minimize 

emissions in accordance with §60.11(d), including actions taken 

to correct a malfunction. 

(l) For each deviation from an emission or operating 

limitation that occurs for a CISWI unit for which you are not 

using a 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 unit at which the 

deviation occurred during the reporting period. 

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

deviations (including unknown cause, if applicable), as 

applicable, and the corrective action taken. 

(m) If there were periods during which the continuous 

monitoring system, including the continuous emission monitoring 
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systemCEMS, was out of control as specified in paragraph (o) of 

this section, the annual report must contain the following 

information for each deviation from an emission or operating 

limitation occurring for a CISWI unit for which you are using a 

continuous monitoring system to comply with the emission and 

operating limitations in this subpart. 

(1) The date and time that each malfunction started and 

stopped. 

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

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

(3) The date, time, and duration that each continuous 

monitoring system was out-of-control, including start and end 

dates and hours and descriptions of corrective actions taken. 

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

stopped, and whether each deviation occurred during a period of 

malfunction or during another period. 

(5) A summary of the total duration of the deviation during 

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

total source operating time during that reporting period. 

(6) A breakdown of the total duration of the deviations 

during the reporting period into those that are due to control 

equipment problems, process problems, other known causes, and 

other unknown causes. 
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(7) A summary of the total duration of continuous 

monitoring system downtime during the reporting period, and the 

total duration of continuous monitoring system downtime as a 

percent of the total operating time of the CISWI unit at which 

the continuous monitoring system downtime occurred during that 

reporting period. 

(8) An identification of each parameter and pollutant that 

was monitored at the CISWI unit. 

(9) A brief description of the CISWI unit. 

(10) A brief description of the continuous monitoring 

system. 

(11) The date of the latest continuous monitoring system 

certification or audit. 

(12) A description of any changes in continuous monitoring 

system, processes, or controls since the last reporting period. 

(n) If there were periods during which the continuous 

monitoring system, including the continuous emission monitoring 

systemCEMS, 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. 
Page 102 of 322 

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

high-level calibration drift exceeds two times the applicable 

calibration drift specification in the applicable performance 

specification or in the relevant standard. 

(2) The continuous monitoring system fails a performance 

test audit (e.g., cylinder gas audit), relative accuracy audit, 

relative accuracy test audit, or linearity test audit. 

(3) The continuous opacity monitoring system calibration 

drift exceeds two times the limit in the applicable performance 

specification in the relevant standard. 

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

operating limits or the emission limitations?

(a) You must submit a deviation report if any recorded 3-

hour average parameter level is above the maximum operating 

limit or below the minimum operating limit established under 

this subpart, if the bag leak detection system alarm sounds for 

more than 5 percent of the operating time for the 6-month 

reporting period, or if a performance test was conducted that 

deviated from any emission limitation. 

(b) The deviation report must be submitted by August 1 of 

that year for data collected during the first half of the 

calendar year (January 1 to June 30), and by February 1 of the 

following year for data you collected during the second half of 

the calendar year (July 1 to December 31). 
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§ 60.2220 What must I include in the deviation report?

In each report required under §60.2215, for any pollutant 

or parameter that deviated from the emission limitations or 

operating limits specified in this subpart, include the six 

items described in paragraphs (a) through (f) of this section. 

(a) The calendar dates and times your unit deviated from 

the emission limitations or operating limit requirements. 

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

(c) Durations and causes of the following: 

(1) Each deviation from emission limitations or operating 

limits and your corrective actions. 

(2) Bypass events and your corrective actions. 

(d) A copy of the operating limit monitoring data during 

each deviation and any test report that documents the emission 

levels. 

(e) [Removed] 

(f) [Removed] 

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

requirement to have a qualified operator accessible?

(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. 
Page 104 of 322 

(1) Submit a notification of the deviation within 10 days 

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

(iii) of this section. 

(i) A statement of what caused the deviation. 

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

qualified operator is accessible. 

(iii) The date when you anticipate that a qualified

operator will be available. 

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

weeks that includes the three items in paragraphs (a)(2)(i) 

through (iii) of this section. 

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

qualified operator is accessible. 

(ii) The date when you anticipate that a qualified operator 

will be accessible. 

(iii) Request approval from the Administrator to continue 

operation of the CISWI unit. 

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

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

accessible qualified operator, you must notify the Administrator 

that you are resuming operation once a qualified operator is 

accessible. 

§ 60.2230 Are there any other notifications or reports that I 

must submit?
Page 105 of 322 

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

§60.7. 

(b) If you cease combusting solid waste but continue to 

operate, you must provide 30 days prior notice of the effective 

date of the waste-to-fuel switch, consistent with 60.2145(a). 

The notification must identify: 

(1) The name of the owner or operator of the CISWI unit, 

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 unit 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; 

(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. 

§ 60.2235 In what form can I submit my reports?
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(a) Submit initial, annual, and deviation reports 

electronically or in paper format, postmarked on or before the 

submittal due dates. 

(b) Submit results of performance tests and CEMS 

performance evaluation tests as follows.

(1)As of January 1, 2012, and wWithin 60 days after the 

date of completing each performance test, as defined in §63.2, 

conducted to demonstrate compliance with as required by this 

subpart, you must submit relative accuracy test audit (i.e., 

reference method) data and the results of the performance tests

(i.e., compliance test) data, except opacity data, 

electronically to required by this subpart to EPA’s WebFIRE 

database by using the Compliance and Emissions Data Reporting 

Interface (CEDRI) that is accessed through EPA’s Central Data 

Exchange (CDX) by using the )(www.epa.gov/cdx). Performance test 

data must be submitted in the file format generated through use 

of EPA’s Electronic Reporting Tool (ERT) (see 

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

compatible electronic spreadsheet.). Only data collected using 

test methods compatible with on the ERT website are subject to 

this requirement for submitting reports electronically to 

WebFIRE. Owners or operators who claim that some of the 

information being submitted for performance tests is 

confidential business information (CBI) must submit a complete 
Page 107 of 322 

ERT file including information claimed to be submitted CBI on a 

compact disk, flash drive, or other commonly used electronic 

storage media to EPA. The electronic media must be clearly 

marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 

Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., 

Durham, NC 27703. The same ERT file with the CBI omitted must be 

submitted to EPA via CDX as described earlier in this paragraph. 

At the discretion of the delegated authority, you must also 

submit these reports, including the confidential business 

information, to the delegated authority in the format specified 

by the delegated authority. For any performance test conducted 

using test methods that are not listed on the ERT website, the 

owner or operator shall submit the results of the performance 

test in paper submissions to the Administrator.

(2) Within 60 days after the date of completing each CEMS 

performance evaluation test, as defined in this subpart and 

required by this subpart, you must submit the relative accuracy 

test audit (RATA) data electronically into EPA’s WebFIRE 

database. Central Data Exchange by using CEDRI as mentioned in 

paragraph (b)(1) of this section. Only RATA pollutants that can 

be documented with the ERT (as listed on the ERT website) are 

subject to this requirement. For any performance evaluations 

with no corresponding RATA pollutants listed on the ERT website, 

the owner or operator shall submit the results of the 
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performance evaluation in paper submissions to the 

Administrator.

§ 60.2240 Can reporting dates be changed?

If the Administrator agrees, you may change the semiannual 

or annual reporting dates. See §60.19(c) for procedures to seek 

approval to change your reporting date. 

Title V Operating Permits 

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

operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator subject to 

standards under this subpart must operate pursuant to a permit 

issued under Sectionsection 129(e) and Title V of the Clean Air 

Act. 

Air Curtain Incinerators 

§ 60.2245 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully 

projecting a curtain of air across an open chamber or open pit 

in which combustion occurs. Incinerators of this type can be 

constructed above or below ground and with or without refractory 

walls and floor. (Air curtain incinerators are not to be 

confused with conventional combustion devices with enclosed 

fireboxes and controlled air technology such as mass burn, 

modular, and fluidized bed combustors.) 
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(b) Air curtain incinerators that burn only the materials 

listed in paragraphs (b)(1) through (3) of this section are only 

required to meet the requirements under “Air Curtain 

Incinerators” (§§60.2245 through 60.2260). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

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

and/or yard waste. 

§ 60.2250 What are the emission limitations for air curtain 

incinerators?

Within 60 days after your air curtain incinerator reaches 

the charge rate at which it will operate, but no later than 180 

days after its initial startup, you must meet the two 

limitations specified in paragraphs (a) and (b) of this section. 

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

opacity (as determined by the average of three 1-hour blocks 

consisting of ten 6-minute average opacity values), except as 

described in paragraph (b) of this section. 

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

opacity (as determined by the average of three 1-hour blocks 

consisting of ten 6-minute average opacity values) during the 

startup period that is within the first 30 minutes of operation. 

§ 60.2255 How must I monitor opacity for air curtain 

incinerators?
Page 110 of 322 

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

compliance with the opacity limitation. 

(b) Conduct an initial test for opacity as specified in 

§60.8. 

(c) After the initial test for opacity, conduct annual 

tests no more than 12 calendar months following the date of your 

previous test. 

§ 60.2260 What are the recordkeeping and reporting requirements 

for air curtain incinerators?

(a) Prior to commencing construction on your air curtain 

incinerator, submit the three items described in paragraphs 

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

(1) Notification of your intent to construct the air 

curtain incinerators. 

(2) Your planned initial startup date. 

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

incinerator. 

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

opacity tests onsite in either paper copy or electronic format, 

unless the Administrator approves another format, for at least 5 

years. 

(c) Make all records available for submittal to the

Administrator or for an inspector's onsite review. 
Page 111 of 322 

(d) You must submit the results (as determined by the 

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

average opacity values) of the initial opacity tests no later 

than 60 days following the initial test. Submit annual opacity 

test results within 12 months following the previous report. 

(e) Submit initial and annual opacity test reports as 

electronic or paper copy on or before the applicable submittal 

date. 

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

for a period of 5 years. 

Definitions 

§ 60.2265 What definitions must I know?

Terms used but not defined in this subpart are defined in 

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

part. 

30-day rolling average means the arithmetic mean of the 

previous 720 hours of valid operating data. Valid data excludes 

periods when this unit is not operating. The 720 hours should be 

consecutive, but not necessarily continuous if operations are 

intermittent.

Administrator means the Administrator of the U.S. 

Environmental Protection Agency or his/her authorized 

representative or Administrator of a State Air Pollution Control 

Agency. 
Page 112 of 322 

Affirmative defense means, in the context of an enforcement 

proceeding, a response or defense put forward by a defendant, 

regarding which the defendant has the burden of proof, and the 

merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding. 

Air curtain incinerator means an incinerator that operates 

by forcefully projecting a curtain of air across an open chamber 

or pit in which combustion occurs. Incinerators of this type can 

be constructed above or below ground and with or without 

refractory walls and floor. (Air curtain incinerators are not to 

be confused with conventional combustion devices with enclosed 

fireboxes and controlled air technology such as mass burn, 

modular, and fluidized bed combustors.) 

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 
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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, small remote incinerators, and energy 

recovery units: CEMS data collected during the first hours of a 

CISWI unit 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 unit 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 
Page 114 of 322 

CEMS data may be claimed as being CEMS data during shutdown must 

be 24 operating hours or less.

(2) For waste-burning kilns: CEMS data collected during the 

periods of kiln operation that do not include normal operations. 

Startup begins when the kiln’s induced fan is turned on and 

continues until continuous feed is introduced into the kiln, at 

which time the kiln is in normal operating mode. Shutdown begins 

when feed to the kiln is halted.

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. 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 whichthat are 
Page 115 of 322 

reclaimed and reused as catalysts or used to produce commercial 

grade catalysts. 

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production of 

other chemical compounds. 

(6) Units burning only hydrocarbon liquids or solids to

produce hydrogen, carbon monoxide, synthesis gas, or other gases 

for use in other manufacturing processes. 

(7) Units burning only photographic film to recover silver. 

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 (CISWI) 

unit means any distinct operating unit of any commercial or 

industrial facility that combusts, or has combusted in the 

preceding 6 months, any solid waste as that term is defined in 

40 CFR part 241. If the operating unit burns materials other 

than traditional fuels as defined in §241.2 that have been 
Page 116 of 322 

discarded, and you do not keep and produce records as required 

by §60.2175(v), the material is a solid waste and the operating 

unit is a CISWI unit. While not all CISWI units will include all 

of the following components, a CISWI unit includes, but is not 

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

system, waste heat recovery equipment, if any, and bottom ash 

system. The CISWI unit does not include air pollution control 

equipment or the stack. The CISWI unit boundary starts at the 

solid waste hopper (if applicable) and extends through two 

areas: The combustion unit flue gas system, which ends 

immediately after the last combustion chamber or after the waste 

heat recovery equipment, if any; and the combustion unit bottom 

ash system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. The CISWI 

unit includes all ash handling systems connected to the bottom 

ash handling system. 

Contained gaseous material means gases that are in a 

container when that container is combusted.

 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.

Formatted: Indent: First line: 0"

Formatted: Underline
Page 117 of 322 

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.

Cyclonic barrel burner means a combustion device for waste 

materials that is attached to a 55 gallon, open-head drum. The 

device consists of a lid, which fits onto and encloses the drum, 

and a blower that forces combustion air into the drum in a 

cyclonic manner to enhance the mixing of waste material and air. 

A cyclonic burn barrel is not an incinerator, waste-burning 

kiln, an energy recovery unit or a small, remote incinerator 

under this subpart.
Page 118 of 322 

Deviation means any instance in which an affected source 

subject to this subpart, or an owner or operator of such a 

source: 

(1) Fails to meet any requirement or obligation established 

by this subpart, including but not limited to any emission 

limitation, operating limit, or operator qualification and 

accessibility requirements. 

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

implement an applicable requirement in this subpart and that is 

included in the operating permit for any affected source 

required to obtain such a permit. 

Dioxins/furans means tetra- through 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 
Page 119 of 322 

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 under 

RCRA in 40 CFR 240241) 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 and at 

least 10 percent, 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 
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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. 

Homogeneous wastes are stable, consistent in formulation, 

have known fuel properties, have a defined origin, have 

predictable chemical and physical attributes, and result in 

consistent combustion characteristics and have a consistent 

emissions profile. 

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, 

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 under RCRA in 40 CFR 240241) for the purpose of 

reducing the volume of the waste by removing combustible matter. 

Incinerator designs include single chamber and two-chamber. 
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Kiln means an oven or furnace, including any associated

preheater or precalciner devices, used for processing a 

substance by burning, firing or drying. Kilns include cement 

kilns that produce clinker by heating limestone and other 

materials for subsequent production of Portland Cement. 

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 
Page 122 of 322 

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 unit means a CISWI unit that 

has been changed later than June 1, 2001[THE DATE SIX MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] and 

that meets one of two criteria: 

(1) The cumulative cost of the changes over the life of the 

unit exceeds 50 percent of the original cost of building and 

installing the CISWI unit (not including the cost of land) 

updated to current costs (current dollars). To determine what 

systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit. 

(2) Any physical change in the CISWI unit or change in the 

method of operating it that increases the amount of any air 

pollutant emitted for which section 129 or section 111 of the 

Clean Air Act has established standards. 

Municipal solid waste or municipal-type solid waste means

household, commercial/retail, or institutional waste. Household 
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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 unit. 

Oxygen analyzer system means all equipment required to 

determine the oxygen content of a gas stream and used to monitor 
Page 124 of 322 

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. 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.

Part reclamation unit means a unit that burns coatings off 

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

reconditioned and reused. 

Particulate matter means total particulate matter emitted 

from CISWI units as measured by Method 5 or Method 29 of 

appendix A of this part. 

Pathological waste means waste material consisting of only 

human or animal remains, anatomical parts, and/or tissue, the 

bags/containers used to collect and transport the waste 

material, and animal bedding (if applicable). 

Performance evaluation means the conduct of relative 

accuracy testing, calibration error testing, and other 
Page 125 of 322 

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 a significant permit revision, but 

only with respect to those pollutant-specific emission units for 

which the proposed permit revision is applicable, including but 

not limited to a change inany of the following physical or 

operational changes:

(1) A physical change (maintenance activities excluded) to 

the CISWI unit which results in an increase of the emission rate 

of any air pollutant to which a standard applies;

(2) An operational change to the CISWI unit which results 

in an increase of the emission rate of any air pollutant to 

which the standard applies (e.g. where a new type of nonhazardous secondary material is being combusted);

(3) A physical change (maintenance activities excluded) to 

the air pollution control devices used to comply with the 

emission limits for the CISWI unit (e.g., replacing an 

electrostatic precipitator with a fabric filter);
Page 126 of 322 

(4) An operational change to the air pollution control 

devices used to comply with the emission limits for the affected 

CISWI unit (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 andor tube mill, vertical roller mill 

or other size reduction equipment, that is not part of an inline kiln/raw mill, used to grind feed to the appropriate size. 

Moisture may be added or removed from the feed during the 

grinding operation. If the raw mill is used to remove moisture 

from feed materials, it is also, by definition, a raw material 

dryer. The raw mill also includes the air separator associated 

with the raw mill. 

Reconstruction means rebuilding a CISWI unit and meeting 

two criteria: 

(1) The reconstruction begins on or after June 1, 2001. 

(2) The cumulative cost of the construction over the life 

of the incineration unit exceeds 50 percent of the original cost 

of building and installing the CISWI unit (not including land) 

updated to current costs (current dollars). To determine what 
Page 127 of 322 

systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit. 

Refuse-derived fuel means a type of municipal solid waste 

produced by processing municipal solid waste through shredding 

and size classification. This includes all classes of refusederived fuel including two fuels: 

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

refuse-derived fuel. 

(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;
Page 128 of 322 

(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 there under are 

concerned; or

(ii) The designated representative for any other purposes 

under part 60.

Shutdown means the period of time after all waste has been 

combusted in the primary chamber. 

Small, remote incinerator means an incinerator that 

combusts solid waste (as that term is defined by the 

Administrator under RCRA in 40 CFR 240241) 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. 
Page 129 of 322 

Soil treatment unit means a unit that thermally treats 

petroleum –contaminated soils for the sole purpose of site 

remediation. A soil treatement 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 under RCRA in 40 CFR 

240part 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: (A) 

materials1) Materials recovery facilities (including primary or 

secondary smelters) which combust waste for the primary purpose 

of recovering metals; (B) qualifying2) 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 
Page 130 of 322 

waste (such as units which burn tires or used oil, but not 

including refuse-derived fuel) for the production of electric 

energy or in the case of qualifying cogeneration facilities 

which burn homogeneous waste for the production of electric 

energy and steam or forms of useful energy (such as heat) which 

are used for industrial, commercial, heating or cooling 

purposes; or (C) air3) 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 usually portable appliance for heating 

a relatively small area. These units areunit that meets the 

requirements of 40 CFR 279.23. A space heater is not subject to 

the an incinerator, a waste-burning kiln, an energy recovery 

unit or a small, remote subcategoriesincinerator under this 

subpart. 

Standard conditions, when referring to units of measure, 

means a temperature of 68 °F (20 °C) and a pressure of 1 

atmosphere (101.3 kilopascals). 

Startup period means the period of time between the 

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

Waste-burning kiln means a kiln that is heated, in whole or 

in part, by combusting solid waste (as that term is defined by 
Page 131 of 322 

the Administrator pursuant to Subtitle D of RCRA).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.

(3) Clean lumber. 
Page 132 of 322 

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

CISWI Units for Which Construction Is Commenced After November 

30, 1999, but no later than June 4, 2010, or for Which 

Modification or Reconstruction Is Commenced on or After June 1, 

2001, but no later than [THE DATE 6 MONTHS AFTER PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL REGISTER]. 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this averaging 

time 

And determining 

compliance 

using this 

method 

Cadmium 0.004 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic meter

per run) 

Performance 

test (Method 29 

at 40 CFR part 

60, appendix A8). 

Carbon monoxide 157 parts 

per million 

by dry 

volume 

30 day rolling3-run

average (1 hour 

minimum sample time 

per run)

Carbon Monoxide 

CEMS 

(Performance 

Specification 

4A of thistest 

(Method 10 at 

40 CFR part, 

using a span 

value of 300 

ppm.) 60, 

appendix A-4). 

Dioxin/Furan 

(toxic 

equivalency 

basis) 

0.41 

nanograms 

per dry 

standard 

cubic meter 

3-run average 

(collect a minimum 

volume of 24 dry 

standard cubic 

meters per run) 

Performance 

test (Method 23 

of appendix A-7 

of this part). 

Hydrogen chloride 62 parts per 

million by 

dry volume 

3-run average (For 

Method 26, collect a 

minimum volume of 

60120 liters per 

run. For Method 26A, 

collect a minimum 

volume of 1 dry 

standard cubic meter 

per run) 

Performance 

test (Method 26 

or 26A at 40 

CFR part 60, 

appendix A-8). 

Lead 0.04 

milligrams 

per dry 

3-run average 

(collect a minimum 

volume of 1 dry 

Performance 

test (Method 29 

at 40 CFR part 
Page 133 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this averaging 

time 

And determining 

compliance 

using this 

method 

standard 

cubic meter 

standard cubic meter

per run) 

60, appendix A8). 

Mercury 0.47 

milligrams 

per dry 

standard 

cubic meter 

3-run average (For 

Method 29 and ASTM 

D6784-02(Reapproved 

2008)b, collect a 

minimum volume of 1 

dry standard cubic 

meter per run. For 

Method 30B, collect 

a minimum sample as 

specified in Method 

30B at 40 CFR part 

60, appendix A) 

Performance 

test (Method 29 

or 30B at 40 

CFR part 60, 

appendix A-8) 

or ASTM D6784-

02 (Reapproved 

2008)b. 

Opacity 10 percent Three 1-hour blocks 

consisting of ten 6-

minute averages 

opacity values 

Performance 

test (Method 9 

at 40 CFR part 

60, appendix A4). 

Nitrogen Oxides 388 parts 

per million 

by dry 

volume 

3-run average (for 

Method 7E, 1 hour 

minimum sample time 

per run) 

Performance 

test (Method 7 

or 7E at 40 CFR 

part 60, 

appendix A-4). 

Particulate 

matter 

70 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic meter

per run) 

Performance 

test (Method 5 

or 29 at 40 CFR 

part 60, 

appendix A-3 or 

A-8). 

Sulfur Dioxide 20 parts per 

million by 

dry volume 

3-run average (For 

Method 6, collect a 

minimum volume of 

20020 liters per 

run. For Method 6C, 

collect sample for a 

minimum duration of 

1 hour per run) 

Performance 

test (Method 6 

or 6C at 40 CFR 

part 60, 

appendix A-4). 

a All emission limitations (except for opacity) are measured at 
Page 134 of 322 

7 percent oxygen, dry basis at standard conditions.

b Incorporated by reference, see §60.17. 

Table 2 to Subpart CCCC of Part 60—Operating Limits for Wet 

Scrubbers 

For these 

operating 

parameters 

You must 

establish 

these 

operating 

limits 

And monitoring using these minimum 

frequencies 

Data 

measurement

Data 

recording Averaging time 

Charge rate Maximum 

charge rate

Continuous Every 

hour 

Daily (batch 

units) 3-hour 

rolling 

(continuous and 

intermittent 

units)a

Pressure drop 

across the wet 

scrubber or 

amperage to 

wet scrubber 

Minimum 

pressure 

drop or 

amperage 

Continuous Every 15 

minutes 

3-hour rollinga

Scrubber 

liquor flow 

rate 

Minimum 

flow rate 

Continuous Every 15 

minutes 

3-hour rollinga

Scrubber 

liquor pH 

Minimum pH Continuous Every 15 

minutes 

3-hour rollinga

aCalculateda Calculated each hour as the average of the previous 

3 operating hours. 

Table 3 to Subpart CCCC of Part 60—Toxic Equivalency Factors 

Dioxin/furan congener 

Toxic equivalency 

factor 

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

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

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

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

1,2,3,6,7,8-hexachlorinated dibenzo-p- 0.1
Page 135 of 322 

Dioxin/furan congener 

Toxic equivalency 

factor 

dioxin 

1,2,3,4,6,7,8-heptachlorinated dibenzo-pdioxin 0.01

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

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

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

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1

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

2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1

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

dibenzofuran 

0.01

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

dibenzofuran 

0.01

octachlorinated dibenzofuran 0.001

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

Requirementsa 

Report Due date Contents Reference 

Preconstruction 

report 

Prior to 

commencing 

construction 

Statement of intent 

to construct 

Anticipated date of 

commencement of 

construction 

Documentation for 

siting 

requirements 

Waste management 

plan 

Anticipated date of 

initial startup 

§60.2190 

Startup 

notification 

Prior to initial 

startup 

Type of waste to be 

burned 

§60.2195 
Page 136 of 322 

Report Due date Contents Reference 

Maximum design waste 

burning capacity 

Anticipated maximum 

charge rate 

If applicable, the 

petition for 

site-specific 

operating limits 

Initial test 

report 

No later than 60 

days following 

the initial 

performance test 

Complete test report 

for the initial 

performance test 

• The values for the 

site-specific 

operating limits 

Installation of bag 

leak detection 

system for fabric 

filter 

§60.2200 

Annual report No later than 12 

months following 

the submission of 

the initial test 

report. 

Subsequent 

reports are to be 

submitted no more 

than 12 months 

following the 

previous report 

Name and address 

Statement and 

signature by 

responsible 

official 

Date of report 

Values for the 

operating limits 

Highest recorded 3-

hour average and 

the lowest 3-hour 

average, as 

applicable, for 

each operating 

parameter 

recorded for the 

calendar year 

being reported 

If a performance 

test was 

conducted during 

the reporting 

period, the 

results of the 

test 

If a performance 

test was not 

§§60.2205 and 

60.2210 
Page 137 of 322 

Report Due date Contents Reference 

conducted during 

the reporting 

period, a 

statement that 

the requirements 

of §60.2155(a) or 

(b) were met 

Documentation of 

periods when all 

qualified CISWI 

unit operators 

were unavailable 

for more than 8 

hours but less 

than 2 weeks 

If you are 

conducting 

performance tests 

once every 3 

years consistent 

with §60.2155(a), 

the date of the 

last 2 

performance 

tests, a 

comparison of the 

emission level 

you achieved in 

the last 2 

performance tests 

to the 75 percent 

emission limit 

threshold 

required in 

§60.2155(a) and a 

statement as to 

whether there 

have been any 

operational 

changes since the 

last performance 

test that could 

increase 

emissions. 

Emission 

limitation or 

operating limit 

By August 1 of 

that year for 

data collected 

Dates and times of 

deviation 

Averaged and 

§60.2215 and 

60.2220 
Page 138 of 322 

Report Due date Contents Reference 

deviation report 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 

recorded data for 

those dates 

Duration and causes 

of each deviation 

and the 

corrective 

actions taken 

Copy of operating 

limit monitoring 

data and any test 

reports 

Dates, times, and 

causes for 

monitor downtime 

incidents 

Qualified 

operator 

deviation 

notification 

Within 10 days of 

deviation 

Statement of cause 

of deviation 

Description of 

efforts to have 

an accessible 

qualified 

operator 

The date a qualified 

operator will be 

accessible 

§60.2225(a)(1)

Qualified 

operator 

deviation status 

report 

Every 4 weeks 

following 

deviation 

Description of 

efforts to have 

an accessible 

qualified 

operator 

The date a qualified 

operator will be 

accessible 

Request for approval 

to continue 

operation 

§60.2225(a)(2)

Qualified 

operator 

deviation 

notification of 

resumed 

operation 

Prior to resuming 

operation 

Notification that 

you are resuming 

operation 

§60.2225(b) 

aThis table is only a summary, see the referenced sections of 

the rule for the complete requirements. 
Page 139 of 322 

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 [THE DATE 6 

MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER] 

For the air 

pollutant 

You must meet 

this emission

limitationa

Using this 

averaging time

And determining 

compliance using this 

method 

Cadmium 0.0023 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per run)

Performance test 

(Method 29 at 40 CFR 

part 60, appendix A-8 

of this part). 

Use ICPMS for the 

analytical finish. 

Carbon 

monoxide 

1217 parts 

per million 

by dry volume

30 day 

rolling3-run

average (1 hour 

minimum sample 

time per run)

Carbon monoxide CEMS 

(Performance 

Specification 4A of 

this part, using a RA 

of 0.5 ppm instead of 

5 ppm as specified in 

section 13.2. For the 

cylinder gas audit, 

+/- 15% or 0.5 ppm, 

whichever is 

greater.) Use a span 

gas with a 

concentration of 20 

ppm or 

less.Performance test 

(Method 10 at 40 CFR 

part 60, appendix A4). 

Dioxin/furan 

(Total Mass 

Basis) 

0.05258

nanograms per 

dry standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per run)

Performance test 

(Method 23 at 40 CFR 

part 60, appendix A7). 

Dioxin/furan 

(toxic 

equivalency 

basis Total 

Mass Basis) 

0.13 

nanograms per 

dry standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

Performance test 

(Method 23 at 40 CFR 

part 60, appendix A7). 
Page 140 of 322 

For the air 

pollutant 

You must meet 

this emission

limitationa

Using this 

averaging time

And determining 

compliance using this 

method 

meters per run)

Hydrogen 

chloride 

0.091 parts 

per million 

by dry volume

3-run average 

(For Method 26, 

collect a 

minimum volume 

of 200360

liters per run.

For Method 26A, 

collect a 

minimum volume 

of 3 dry 

standard cubic 

meters per run)

Performance test 

(Method 26 or 26A at 

40 CFR part 60, 

appendix A-8). 

Lead 0.0019015

milligrams 

per dry 

standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per run)

Performance test 

(Method 29 of 

appendix A-8 at 40 

CFR part 60). Use 

ICPMS for the 

analytical finish. 

Mercury 0.0001600084

milligrams 

per dry 

standard 

cubic 

metermeterc

3-run average 

(collect enough 

volume to meet 

a detection 

limit data 

quality 

objective of 

0.03 ug/dry 

standard cubic 

meter) 

Performance test 

(Method 29 or 30B at 

40 CFR part 60, 

appendix A-8) or ASTM 

D6784-02(Reapproved 

2008)b. 

Nitrogen 

Oxides 

23 parts per 

million dry 

volume 

3-run average 

(for Method 7E, 

1 hour minimum 

sample time per 

run) 

Performance test 

(Method 7 or 7E at 40 

CFR part 60, appendix 

A-4). Use a span gas 

with a concentration 

of 50 ppm or less.

Particulate 

matter 

(filterable) 

18 milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 2 dry 

standard cubic 

Performance test 

(Method 5 or 29 at 40 

CFR part 60, appendix 

A-3 or appendix A-8 

at 40 CFR part 60). 
Page 141 of 322 

For the air 

pollutant 

You must meet 

this emission

limitationa

Using this 

averaging time

And determining 

compliance using this 

method 

meters per run)

Sulfur 

dioxide 

11 parts per 

million dry 

volume 

3-run average 

(1 hour minimum 

sample time per 

run) 

Performance test 

(Method 6 or 6C at 40 

CFR part 60, appendix 

A-4. Use a span gas 

with a concentration 

of 20 ppm or less.

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods 

Visible emission test 

(Method 22 at 40 CFR 

part 60, appendix A7). 

a 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. 

b Incorporated by reference, see §60.17. 

c If you are conducting stack tests to demonstrate compliance 

and your performance tests for this pollutant for at least 2 

consecutive years show that your emissions are at or below this 

limit, you can skip testing according to §60.2155 if all of the 

other provision of §60.2155 are met. For all other pollutants 

that do not contain a footnote “c”, your performance tests for 

this pollutant for at least 2 consecutive years must show that 

your emissions are at or 75 percent of this limit in order to 

qualify for skip testing.

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 

[THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER] 

For the air 

pollutant 

You must meet this 

emission limitationa

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method 
Page 142 of 322 

For the air 

pollutant 

You must meet this 

emission limitationa

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method 

Cadmium 0.023 

milligrams 

per dry 

standard 

cubic meter 

Biomass -

0.000510014

milligrams 

per dry 

standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per 

run) 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for 

the analytical 

finish. 

Coal – 0.058 

milligrams 

per dry 

standard 

cubic meter 

Carbon 

monoxide 

3635 parts 

per million 

dry volume 

Biomass – 

160240 parts 

per million 

dry volume 

30 day 

rolling3-run

average (1 

hour minimum 

sample time 

per run)

Carbon Monoxide 

CEMS (Performance 

Specification 4A 

of this part, 

using a RA of 0.5 

ppm instead of 5 

ppm as specified 

in 13.2. For the 

cylinder gas 

audit, +/- 15% or 

0.5 ppm, 

whichever is 

greater. Use a 

span gas with a 

concentration of 

100 ppm or less 

for a liquid/gas 

or coal-fed 

boiler. Use a 

span gas with a 

concentration of 

300 ppm or less 

for a biomass-fed 

boiler.Performan

ce test (Method 

10 at 40 CFR 

part 60, 

appendix A-4). 

Coal – 4695

parts per 

million dry 

volume 

Dioxins/ 

furans (Total 

Mass Basis)

No Total Mass 

Basis limit, 

must meet the 

toxic 

equivalency 

basis limit 

Biomass -

0.06852

nanograms per 

dry standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters) 

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 
Page 143 of 322 

For the air 

pollutant 

You must meet this 

emission limitationa

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method 

below Coal – 0.51 

nanograms per 

dry standard 

cubic meterc

Dioxins/ 

furans (toxic 

equivalency 

basis) 

0.002093 

nanograms per 

dry standard 

cubic 

metermeterc

Biomass -

0.011076

nanograms per 

dry standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per 

run) 

Performance test 

(Method 23 of 

appendix A-7 of 

this part). 

Coal - 0.075 

nanograms per 

dry standard 

cubic meterc

Hydrogen 

chloride 

14 parts per 

million dry 

volume 

Biomass -

0.4520 parts 

per million 

dry volume 

3-run average 

(For Method 

26, collect a 

minimum volume 

of 200360

liters per 

run. For 

Method 26A, 

collect a 

minimum volume 

of 3 dry 

standard cubic 

meters per 

run) 

Performance test 

(Method 26 or 

26A at 40 CFR 

part 60, 

appendix A-8). 

Coal – 

21 parts per 

million dry 

volume 

Lead 0.096 

milligrams 

per dry 

standard 

cubic meter 

Biomass -

0.0020014

milligrams 

per dry 

standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per 

run) 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for 

the analytical 

finish. 

Coal -0.013 

milligrams 

per dry 

standard 

cubic meterc
Page 144 of 322 

For the air 

pollutant 

You must meet this 

emission limitationa

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method 

Mercury 0.00025000915

6 milligrams 

per dry 

standard 

cubic 

metermeterc

Biomass -

0.000330022

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect 

enough volume 

to meet an instack 

detection 

limit data 

quality 

objective of 

0.03 ug/dscm) 

Performance test 

(Method 29 or 

30B at 40 CFR 

part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 

2008)b. Coal -

0.002816

milligrams 

per dry 

standard 

cubic meter 

Oxides of 

nitrogen 

76 parts per 

million dry 

volume 

Biomass – 290 

parts per 

million dry 

volume 

3-run average 

(for Method 

7E, 1 hour 

minimum sample 

time per run) 

Performance test 

(Method 7 or 7E 

at 40 CFR part 

60, appendix A4). Use a span 

gas with a 

concentration of 

150 ppm or less 

for liquid/gas 

fuel boilers. Use 

a span gas with a 

concentration of 

700 ppm or less 

for solid fuel 

boilers.

Coal – 340 

parts per 

million dry 

volume 

Particulate 

matter 

(filterable) 

110 

milligrams 

per dry 

standard 

cubic meter 

250Biomass -

5.1

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter per run)

Performance test 

(Method 5 or 29 

at 40 CFR part 

60, appendix A-3 

or appendix A-8) 

if the unit has 
Page 145 of 322 

For the air 

pollutant 

You must meet this 

emission limitationa

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method 

Coal - 

1607560

milligrams 

per dry 

standard 

cubic meter 

a design 

capacityan annual 

average heat 

input rate less 

than 250 

MMBtu/hr; or PM 

CEMS (performance 

specification 11 

of appendix B of 

this part)CPMS 

(as specified in 

§60.2145(x)) if 

the unit has a 

design capacityan 

annual average 

heat input rate

equal to or 

greater than 250 

MMBtu/hr. Use 

Method 5 or 5I of 

Appendix A of 

this part and 

collect a minimum 

sample volume of 

1 dscm per test 

run for the PM 

CEMS correlation 

testing.

Sulfur dioxide 720 parts per 

million dry 

volume 

Biomass – 

6.27.3 parts 

per million 

dry volume 

3-run average 

(for Method 6, 

collect a 

minimum of 60 

liters, for 

Method 6C, 1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 6 or 6C 

at 40 CFR part 

60, appendix A4). Use a span 

gas with a 

concentration of 

20 ppm or less 

for a biomass-fed 

boiler. Use a 

span gas with a 

concentration of 

1500 ppm or less 

for a liquid/gas 

boiler or coalfed boiler.. 

Coal – 650 

parts per 

million dry 

volume 
Page 146 of 322 

For the air 

pollutant 

You must meet this 

emission limitationa

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method 

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

the hourly 

observation 

period 

Visible 

emissions for 

no more than 

5 percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods 

Visible emission 

test (Method 22 

at 40 CFR part 

60, appendix A7). 

a 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. 

b Incorporated by reference, see §60.17. 

c If you are conducting stack tests to demonstrate compliance 

and your performance tests for this pollutant for at least 2 

consecutive years show that your emissions are at or below this 

limit, you can skip testing according to §60.2155 if all of the 

other provision of §60.2155 are met. For all other pollutants 

that do not contain a footnote “c”, your performance tests for 

this pollutant for at least 2 consecutive years must show that 

your emissions are at or 75 percent of this limit in order to 

qualify for skip testing.

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 [THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] 

For the air 

pollutant 

You must meet 

this emission 

limitationa

Using this 

averaging 

time 

And determining 

compliance using 

this method 

Cadmium 0.000480014

milligrams per 

dry standard 

cubic 

metermeterb

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

per run) 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). Use 

ICPMS for the 

analytical finish. 
Page 147 of 322 

For the air 

pollutant 

You must meet 

this emission 

limitationa

Using this 

averaging 

time 

And determining 

compliance using 

this method 

Carbon monoxide 90 (long kilns) 

/ 190 

(preheater / 

precalciner) 

parts per 

million dry 

volume

30-day 

rolling3-run

average (1 

hour minimum 

sample time 

per run)

Carbon monoxide 

CEMS (Performance 

Specification 4A of 

this part, using an 

RA of 1 ppm instead 

of 5 ppm as 

specified in 13.2. 

For the cylinder 

gas audit, +/- 15% 

or 0.5 ppm, 

whichever is 

greater). Use a 

span gas with a 

concentration of 

200 ppm or less. 

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).

Dioxins/furans 

(total mass 

basis) 

0.02951

nanograms per 

dry standard 

cubic 

metermeterb

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

per run) 

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 

Dioxins/furans 

(toxic 

equivalency 

basis) 

0.0030075

nanograms per 

dry standard 

cubic 

metermeterb

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 
Page 148 of 322 

For the air 

pollutant 

You must meet 

this emission 

limitationa

Using this 

averaging 

time 

And determining 

compliance using 

this method 

Hydrogen 

chloride 

3.0 parts per 

million dry 

volumevolumeb

3-run average 

(1 hour 

minimum 

sample time 

per run) or 

30-day 

rolling 

average if 

HCl CEMS are 

used 

Performance test 

(Method 321 at 40 

CFR part 63, 

appendix A) or HCl 

CEMS if a wet 

scrubber or dry 

scrubber is not 

used. 

Lead 0.0026014

milligrams per 

dry standard 

cubic 

metermeterb

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). Use 

ICPMS for the 

analytical finish. 

Mercury 0.00620037

milligrams per 

dry standard 

cubic meter 

30-day 

rolling 

average 

Mercury CEMS or 

sorbent trap 

monitoring system 

(performance 

specification 12A 

or 12B, 

respectively, of 

appendix B of this 

part)..)

Oxides of 

nitrogen 

200b200 parts 

per million dry 

volume 

30-day 

rolling 

average 

NOx Continuous 

Emissions 

Monitoring 

SysteCEMSm

(performance 

specification 2 of 

appendix B and 

procedure 1 of 

appendix F of this 

part). Use a span 

gas with a 

concentration of 

400 ppm or less.
Page 149 of 322 

For the air 

pollutant 

You must meet 

this emission 

limitationa

Using this 

averaging 

time 

And determining 

compliance using 

this method 

Particulate 

matter 

(filterable) 

2.52.72

milligrams per 

dry standard 

cubic meter 

30-day 

rolling 

average 

PM Continuous 

Emissions 

Monitoring System 

(performance 

specification 11 of 

appendix B of this 

part).PM CPMS (as 

specified in 

§60.2145(x)).

Sulfur dioxide 3813028 parts 

per million dry 

volume 

30-day 

rolling 

average 

Sulfur dioxide 

Continuous 

Emissions 

Monitoring 

SystemCEMS

(performance 

specification 2 of 

appendix B and 

procedure 1 of 

appendix F of this 

part). Use a span 

gas with a 

concentration of 

100 ppm or less.

a 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. 

b Nox limits for new waste-burning kilns based on data for bestperforming similar source, Portland Cement kilns. See “CISWI Emission 

Limit Calculations for Existing and New Sources" for details.

b If you are conducting stack tests to demonstrate compliance 

and your performance tests for this pollutant for at least 2 

consecutive years show that your emissions are at or below this 

limit, you can skip testing according to §60.2155 if all of the 

other provision of §60.2155 are met. For all other pollutants 

that do not contain a footnote “b”, your performance tests for 

this pollutant for at least 2 consecutive years must show that 

your emissions are at or 75 percent of this limit in order to 

qualify for skip testing.
Page 150 of 322 

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 [INSERT THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER] 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this 

averaging time 

And determining 

compliance using 

this method 

Cadmium 0.61 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter per run) 

Performance test 

(Method 29 at 40 CFR 

part 60, appendix A8). 

Carbon 

monoxide 

1213 parts 

per million 

dry volume 

24 hour block3-

run average (1 

hour minimum 

sample time per 

run)

Carbon monoxide CEMS 

(Performance 

Specification 4A of 

this part, using a 

RA of 0.5 ppm 

instead of 5 ppm as 

specified in 13.2. 

For the cylinder gas 

audit, +/- 15% or 

0.5 ppm, whichever 

is greater.) Use a 

span gas with a 

concentration of 25 

ppm or 

less.Performance 

test (Method 10 at 

40 CFR part 60, 

appendix A-4). 

Dioxins/furans 

(total mass 

basis) 

1,2800 

nanograms 

per dry 

standard 

cubic meterb

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter per run) 

Performance test 

(Method 23 at 40 CFR 

part 60, appendix A7). 
Page 151 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this 

averaging time 

And determining 

compliance using 

this method 

Dioxins/furans 

(toxic 

equivalency 

basis) 

31 nanograms 

per dry 

standard 

cubic meterb

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter per run) 

Performance test 

(Method 23 at 40 CFR 

part 60, appendix A7). 

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

the hourly 

observation 

period

Three 1-hour 

observation 

periods

Visible emissions test 

(Method 22 at 40 CFR 

part 60, appendix A7).

Hydrogen 

chloride 

200 parts 

per million 

by dry 

volume 

3-run average 

(For Method 26, 

collect a 

minimum volume 

of 60 liters per 

run. For Method 

26A, collect a 

minimum volume 

of 1 dry 

standard cubic 

metersmeter per 

run) 

Performance test 

(Method 26 or 26A at 

40 CFR part 60, 

appendix A-8). 

Lead 0.26 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic

meters) 

Performance test 

(Method 29 at 40 CFR 

part 60,appendix A8). Use ICPMS for 

the analytical 

finish. 
Page 152 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this 

averaging time 

And determining 

compliance using 

this method 

Mercury 0.0035 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(For Method 29 

and ASTM D6784-

02 (Reapproved 

2008)b, collect 

a minimum volume 

of 2 dry 

standard cubic 

meters per run. 

For Method 30B, 

collect a 

minimum volume 

as specified in 

Method 30B at 40 

CFR part 60, 

appendix A) 

Performance test 

(Method 29 or 30B at 

40 CFR part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 2008)b. 

Oxides of 

nitrogen 

17078 parts 

per million 

dry volume 

3-run average 

(for Method 7E, 

1 hour minimum 

sample time per 

run) 

Performance test 

(Method 7 or 7E at 

40 CFR part 60, 

appendix A-4). Use a 

span gas with a 

concentration of 150 

ppm or less.

Particulate 

matter 

(filterable) 

2370 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter) 

Performance test 

(Method 5 or 29 at 

40 CFR part 60, 

appendix A-3 or 

appendix A-8). 

Sulfur dioxide 1.2 parts 

per million 

dry volume 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 6 or 6c at 

40 CFR part 60, 

appendix A-4). Use 

a span gas with a 

concentration of 5 

ppm or less.
Page 153 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this 

averaging time 

And determining 

compliance using 

this method 

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods 

Visible emission 

test (Method 22 at 

40 CFR part 60, 

appendix A-7). 

a 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. 

b Incorporated by reference, see §60.17. 

Subpart DDDD—Emissions Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste Incineration Units 

Introduction 

§ 60.2500 What is the purpose of this subpart?

This subpart establishes emission guidelines and compliance 

schedules for the control of emissions from commercial and 

industrial solid waste incineration (CISWI) units. The 

pollutants addressed by these emission guidelines are listed in 

table 2 of this subpart and tables 6 through 9 of this subpart. 

These emission guidelines are developed in accordance with 

sections 111(d) and 129 of the Clean Air Act and subpart B of 

this part. 

§ 60.2505 Am I affected by this subpart?

(a) If you are the Administrator of an air quality program 

in a state or United States protectorate with one or more 
Page 154 of 322 

existing CISWI units that meetsmeet the criteria in paragraphs 

(b) through (d) of this section, you must submit a state plan to 

U.S. Environmental Protection Agency (EPA) that implements the 

emission guidelines contained in this subpart. 

(b) You must submit the state plan to EPA by December 3, 

2001 for 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 March 

21, 2012[TRACK THE DATE 1 YEAR AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER] for incinerators that commenced 

construction after November 30, 1999, but no later than June 4, 

2010, or commenced modification or reconstruction after June 1, 

2001 but no later than September 21, 2011.[INSERT THE DATE 6 

MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER].

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

requirements of this subpart and contains the emission limits in 

tables 7 through 9 of this subpart by March 21, 2012[INSERT THE 

DATE 1 YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER] for CISWI units other than incinerator units that 
Page 155 of 322 

commenced construction on or before June 4, 2010, or commenced 

modification or reconstruction after June 4, 2010 but no later 

than [INSERT THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER]. 

§ 60.2510 Is a State plan required for all states?

No. You are not required to submit a State plan if there 

are no existing CISWI units in your state, and you submit a 

negative declaration letter in place of the State plan. 

§ 60.2515 What must I include in my State plan?

(a) You must include the nine items described in paragraphs 

(a)(1) through (9) of this section in your State plan. 

(1) Inventory of affected CISWI units, including those that 

have ceased operation but have not been dismantled.

(2) Inventory of emissions from affected CISWI units in 

your state. 

(3) Compliance schedules for each affected CISWI unit. 

(4) Emission limitations, operator training and 

qualification requirements, a waste management plan, and 

operating limits for affected CISWI units that are at least as 

protective as the emission guidelines contained in this subpart. 

(5) Performance testing, recordkeeping, and reporting 

requirements. 

(6) Certification that the hearing on the State plan was 

held, a list of witnesses and their organizational affiliations, 
Page 156 of 322 

if any, appearing at the hearing, and a brief written summary of 

each presentation or written submission. 

(7) Provision for State progress reports to EPA. 

(8) Identification of enforceable State mechanisms that you 

selected for implementing the emission guidelines of this 

subpart. 

(9) Demonstration of your State's legal authority to carry 

out the sections 111(d) and 129 State plan. 

(b) Your State plan may deviate from the format and content 

of the emission guidelines contained in this subpart. However, 

if your State plan does deviate in content, you must demonstrate 

that your State plan is at least as protective as the emission 

guidelines contained in this subpart. Your State plan must 

address regulatory applicability, increments of progress for 

retrofit, operator training and qualification, a waste 

management plan, emission limitations, performance testing, 

operating limits, monitoring, recordkeeping and reporting, and 

air curtain incinerator requirements. 

(c) You must follow the requirements of subpart B of this 

part (Adoption and Submittal of State Plans for Designated 

Facilities) in your State plan. 

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

Yes. The EPA will review your state plan according to 

§60.27. 
Page 157 of 322 

§ 60.2525 What if my sState plan is not approvable?

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

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

develop a federal plan according to §60.27 to implement the 

emission guidelines contained in this subpart. Owners and 

operators of CISWI units not covered by an approved state plan 

must comply with the federal plan. The federal plan is an 

interim action and will be automatically withdrawn when your 

state plan is approved. 

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

negative declaration letter) to EPA that meets the requirements 

of this subpart and contains the emission limits in tables 6 

through 9 of this subpart for CISWI units that commenced 

construction after November 30, 1999, but on or before June 4, 

2010, then EPA will develop a federal plan according to §60.27 

to implement the emission guidelines contained in this subpart. 

Owners and operators of CISWI units not covered by an approved 

state plan must comply with the federal plan. The federal plan 

is an interim action and will be automatically withdrawn when 

your state plan is approved. 

§ 60.2530 Is there an approval process for a negative 

declaration letter?

No. The EPA has no formal review process for negative 

declaration letters. Once your negative declaration letter has 
Page 158 of 322 

been received, EPA will place a copy in the public docket and 

publish a notice in the FEDERAL REGISTER. If, at a later date, 

an existing CISWI unit is found in your state, the federal plan 

implementing the emission guidelines contained in this subpart 

would automatically apply to that CISWI unit until your state 

plan is approved. 

§ 60.2535 What compliance schedule must I include in my sState 

plan?

(a) For CISWI units in the incinerator subcategory that 

commenced construction on or before November 30, 1999, your 

state plan must include compliance schedules that require CISWI 

units to achieve final compliance as expeditiously as 

practicable after approval of the state plan but not later than 

the earlier of the two dates specified in paragraphs (a)(1) and 

(2) of this section. 

(1) December 1, 2005. 

(2) Three years after the effective date of state plan 

approval. 

(b) For CISWI units in the incinerator subcategory that 

commenced construction after November 30, 1999, but on or before 

June 4, 2010, and for CISWI units in the small remote 

incinerator, energy recovery units,unit, and waste-burning 

kilns, and small remote incineratorskiln subcategories that 

commenced construction before June 4, 2010, your state plan must 
Page 159 of 322 

include compliance schedules that require CISWI units to achieve 

final compliance as expeditiously as practicable after approval 

of the state plan but not later than the earlier of the two 

dates specified in paragraphs (b)(1) and (b)(2) of this section. 

(1) March 21, 2016.

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

RULE IN THE FEDERAL REGISTER].

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

approval. 

(c) For compliance schedules more than 1 year following the 

effective date of state plan approval, state plans must include 

dates for enforceable increments of progress as specified in 

§60.2580. 

§ 60.2540 Are there any state plan requirements for this subpart 

that apply instead of the requirements specified in subpart B?

Yes. Subpart B establishes general requirements for

developing and processing section 111(d) plans. This subpart 

applies instead of the requirements in subpart B of this part 

for paragraphs (a) and (b) of this section: 

(a) State plans developed to implement this subpart must be 

as protective as the emission guidelines contained in this 

subpart. State plans must require all CISWI units to comply by 

the dates specified in §60.2535. This applies instead of the 
Page 160 of 322 

option for case-by-case less stringent emission standards and 

longer compliance schedules in §60.24(f). 

(b) State plans developed to implement this subpart are 

required to include two increments of progress for the affected 

CISWI units. These two minimum increments are the final control 

plan submittal date and final compliance date in §60.21(h)(1) 

and (5). This applies instead of the requirement of §60.24(e)(1) 

that would require a State plan to include all five increments 

of progress for all CISWI units. 

§ 60.2541 In lieu of a state plan submittal, are there other 

acceptable option(s) for a state to meet its Clean Air Act 

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

Yes, a state may meet its Clean Air Act section 111(d)/129 

obligations by submitting an acceptable written request for 

delegation of the federal plan that meets the requirements of 

this section. This is the only other option for a state to meet 

its Clean Air Act section 111(d)/129 obligations. 

(a) An acceptable federal plan delegation request must 

include the following: 

(1) A demonstration of adequate resources and legal

authority to administer and enforce the federal plan. 

(2) The items under §60.2515(a)(1), (2) and (7). 

(3) Certification that the hearing on the state delegation 

request, similar to the hearing for a state plan submittal, was 
Page 161 of 322 

held, a list of witnesses and their organizational affiliations, 

if any, appearing at the hearing, and a brief written summary of 

each presentation or written submission. 

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

with the Regional Administrator who sets forth the terms, 

conditions, and effective date of the delegation and that serves 

as the mechanism for the transfer of authority. Additional 

guidance and information is given in EPA’s Delegation Manual, 

Item 7-139, Implementation and Enforcement of 111(d)(2) and 

111(d)/(2)/129(b)(3) federal plans. 

(b) A state with an already approved CISWI Clean Air Act 

section 111(d)/129 state plan is not precluded from receiving 

EPA approval of a delegation request for the revised federal 

plan, providing the requirements of paragraph (a) of this 

section are met, and at the time of the delegation request, the 

state also requests withdrawal of EPA’s previous state plan 

approval. 

(c) A state’s Clean Air Act section 111(d)/129 obligations 

are separate from its obligations under Title V of the Clean Air 

Act. 

§ 60.2542 What authorities will not be delegated to state, 

local, or tribal agencies?

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

delegated to state, local, or tribal agencies. 
Page 162 of 322 

§ 60.2545 Does this subpart directly affect CISWI unit owners 

and operators in my state?

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

owners and operators in your state. However, CISWI unit owners 

and operators must comply with the State plan you develop to 

implement the emission guidelines contained in this subpart. 

States may choose to incorporate the model rule text directly in 

their state plan. 

(b) If you do not submit an approvable plan to implement 

and enforce the guidelines contained in this subpart for CISWI 

units that commenced construction before November 30, 1999 by 

December 2, 2002, EPA will implement and enforce a 

Federalfederal plan, as provided in §60.2525, to ensure that 

each unit within your Statestate 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 March 

21, 2012[INSERT THE DATE 1 YEAR AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER] for CISWI units that commenced 

construction after November 29, 1999, but on or before June 4, 

2010, EPA will implement and enforce a federal plan, as provided 

in §60.2525, to ensure that each unit within your state that 

commenced construction after November 29, 1999, but on or before 

June 4, 2010, reaches compliance with all the provisions of this 
Page 163 of 322 

subpart by March 21, 2016.[INSERT THE DATE 5 YEARS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

Applicability of State Plans 

§ 60.2550 What CISWI units must I address in my state plan?

(a) Your state plan must address incineration units that 

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

(3) of this section. 

(1) Incineration CISWI units in your State state that 

commenced construction on or before June 4, 2010, or commenced 

modification or reconstruction after June 4, 2010 but no later 

than [INSERT THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER]. 

(2) Incineration units that meet the definition of a CISWI 

unit as defined in §60.2875. 

(3) Incineration units not exempt under §60.2555. 

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

that meet the definition of modification or reconstruction on or 

after June 1, 2001, the CISWI unit becomes subject to subpart 

CCCC of this part and the State plan no longer applies to that 

unit. 

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

or operational changes to an existing CISWI unit primarily to 

comply with your State plan, subpart CCCC of this part does not 
Page 164 of 322 

apply to that unit. Such changes do not qualify as modifications 

or reconstructions under subpart CCCC of this part.

§ 60.2555 What combustion units are exempt from my sState plan?

This subpart exempts the types of units described in 

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

but some units are required to provide notifications. Air 

curtain incinerators are exempt from the requirements in this 

subpart except for the provisions in §§60.2805, 60.2860, and 

60.2870. 

(a) Pathological waste incineration units. Incineration 

units burning 90 percent or more by weight (on a calendar 

quarter basis and excluding the weight of auxiliary fuel and 

combustion air) of pathological waste, low-level radioactive 

waste, and/or chemotherapeutic waste as defined in §60.2875 are 

not subject to this subpart if you meet the two requirements 

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

(1) Notify the Administrator that the unit meets these 

criteria. 

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

of pathological waste, low-level radioactive waste, and/or 

chemotherapeutic waste burned, and the weight of all other fuels 

and wastes burned in the unit. 

(b) [Reserved] 
Page 165 of 322 

(c) Municipal waste combustion units. Incineration units 

that are regulated undersubject 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). 

(d) Medical waste incineration units. Incineration units 

regulated under subpart Ec of this part (Standards of 

Performance for Hospital/Medical/Infectious Waste Incinerators 

for Which Construction is Commenced After June 20, 1996) or 

subpart Ca of this part (Emission Guidelines and Compliance 

Times for Hospital/Medical/Infectious Waste Incinerators). 

(e) Small power production facilities. Units that meet the 

three requirements specified in paragraphs (e)(1) through (3) of 

this section. 

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

under section 3(17)(C) of the Federal Power Act (16 U.S.C. 

796(17)(C)). 

(2) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity. 
Page 166 of 322 

(3) You submit a request to the Administrator for a

determination that the qualifying cogenerationsmall power 

production facility is combusting homogenous waste as that term 

is defined in §60.2875. The request must include information 

sufficient to document that the unit meets the criteria of the 

definition of a small power production facility and that the 

waste material the unit is proposed to burn is homogeneous.

(4) You maintain the records specified in §60.2740(v).

(f) Cogeneration facilities. Units that meet the three 

requirements specified in paragraphs (f)(1) through (3) of this 

section. 

(1) The unit qualifies as a cogeneration facility under 

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

796(18)(B)). 

(2) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity and steam or other forms of 

energy used for industrial, commercial, heating, or cooling 

purposes. 

(3) You submit a request to the Administrator for a

determination that the qualifying cogeneration facility is 

combusting homogenous waste as that term is defined §60.2875..

The request must include information sufficient to document that 

the unit meets the criteria of the definition of a cogeneration 
Page 167 of 322 

facility and that the waste material the unit is proposed to 

burn is homogeneous.

(4) You maintain the records specified in §60.2740(w).

(g) Hazardous waste combustion units. Units for which you 

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

Waste Disposal Act. 

(h) Materials recovery units. Units that combust waste for 

the primary purpose of recovering metals, such as primary and 

secondary smelters. 

(i) Air curtain incinerators. Air curtain incinerators that 

burn only the materials listed in paragraphs (i)(1) through (3) 

of this section are only required to meet the requirements under 

“Air Curtain Incinerators” (§§60.2810 through 60.2870). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

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

and/or yard waste. 

(j) [Reserved] 

(k) [Reserved] 

(l) [Reserved] 

(m) Sewage treatment plants. Incineration units regulated 

under subpart O of this part (Standards of Performance for 

Sewage Treatment Plants). 
Page 168 of 322 

(n) Sewage sludge incineration units. Incineration units 

combusting sewage sludge for the purpose of reducing the volume 

of the sewage sludge by removing combustible matter that are 

subject to subpart LLLL of this part (Standards of Performance 

for Sewage Sludge Incineration Units) or subpart MMMM of this 

part (Emission Guidelines for Sewage Sludge Incineration Units). 

Sewage sludge incineration unit designs include fluidized bed 

and multiple hearth.

(o) 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) or 

subpart FFFF of this part (Emission Guidelines and Compliance 

Times for Other Solid Waste Incineration Units).

Use of Model Rule 

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

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

guidelines (§§60.2575 through 60.2875) that addresses the 

regulatory requirements applicable to CISWI units. The model 

rule provides these requirements in regulation format. You must 

develop a State plan that is at least as protective as the model 

rule. You may use the model rule language as part of your State 

plan. Alternative language may be used in your State plan if you 

demonstrate that the alternative language is at least as 

protective as the model rule contained in this subpart. 
Page 169 of 322 

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

the owner or operator of a CISWI unit. 

§ 60.2565 How does the model rule relate to the required 

elements of my State plan?

Use the model rule to satisfy the State plan requirements 

specified in §60.2515(a)(4) and (5). 

§ 60.2570 What are the principal components of the model rule?

The model rule contains the eleven major components listed 

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

(a) Increments of progress toward compliance. 

(b) Waste management plan. 

(c) Operator training and qualification. 

(d) Emission limitations and operating limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

(j) Definitions. 

(k) Tables. 

Model Rule—Increments of Progress 

§ 60.2575 What are my requirements for meeting increments of 

progress and achieving final compliance?
Page 170 of 322 

If you plan to achieve compliance more than 1 year 

following the effective date of State plan approval, you must 

meet the two increments of progress specified in paragraphs (a) 

and (b) of this section. 

(a) Submit a final control plan. 

(b) Achieve final compliance. 

§ 60.2580 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for each 

of the increments of progress. 

§ 60.2585 What must I include in the notifications of 

achievement of increments of progress?

Your notification of achievement of increments of progress 

must include the three items specified in paragraphs (a) through 

(c) of this section. 

(a) Notification that the increment of progress has been 

achieved. 

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

of progress. 

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

§ 60.2590 When must I submit the notifications of achievement of 

increments of progress?

Notifications for achieving increments of progress must be 

postmarked no later than 10 business days after the compliance 

date for the increment. 
Page 171 of 322 

§ 60.2595 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must 

submit a notification to the Administrator postmarked within 10 

business days after the date for that increment of progress in 

table 1 of this subpart. You must inform the Administrator that 

you did not meet the increment, and you must continue to submit 

reports each subsequent calendar month until the increment of 

progress is met. 

§ 60.2600 How do I comply with the increment of progress for 

submittal of a control plan?

For your control plan increment of progress, you must 

satisfy the two requirements specified in paragraphs (a) and (b) 

of this section. 

(a) Submit the final control plan that includes the five 

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

section. 

(1) A description of the devices for air pollution control 

and process changes that you will use to comply with the 

emission limitations and other requirements of this subpart. 

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

(3) The maximum design waste burning capacity. 

(4) The anticipated maximum charge rate. 

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

limits under §60.2680. 
Page 172 of 322 

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

§ 60.2605 How do I comply with the increment of progress for 

achieving final compliance?

For the final compliance increment of progress, you must 

complete all process changes and retrofit construction of 

control devices, as specified in the final control plan, so 

that, if the affected CISWI unit is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed. 

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

restart it?

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

to the final compliance date in your State plan, you must meet 

the increments of progress specified in §60.2575. 

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

your final compliance date, you must complete emission control 

retrofits and meet the emission limitations and operating limits 

on the date your unit restarts operation. 

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

unit and not restart it?

If you plan to close your CISWI unit rather than comply 

with the State plan, submit a closure notification, including 

the date of closure, to the Administrator by the date your final 

control plan is due. 
Page 173 of 322 

Model Rule—Waste Management Plan 

§ 60.2620 What is a waste management plan?

A waste management plan is a written plan that identifies 

both the feasibility and the methods used to reduce or separate 

certain components of solid waste from the waste stream in order 

to reduce or eliminate toxic emissions from incinerated waste. 

§ 60.2625 When must I submit my waste management plan?

You must submit a waste management plan no later than the 

date specified in table 1 of this subpart for submittal of the 

final control plan. 

§ 60.2630 What should I include in my waste management plan?

A waste management plan must include consideration of the 

reduction or separation of waste-stream elements such as paper, 

cardboard, plastics, glass, batteries, or metals; or the use of 

recyclable materials. The plan must identify any additional 

waste management measures, and the source must implement those 

measures considered practical and feasible, based on the 

effectiveness of waste management measures already in place, the 

costs of additional measures, the emissions reductions expected 

to be achieved, and any other environmental or energy impacts 

they might have. 

Model Rule—Operator Training and Qualification 

§ 60.2635 What are the operator training and qualification 

requirements?
Page 174 of 322 

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

and qualified CISWI unit operator is accessible, either at the 

facility or can be at the facility within 1 hour. The trained 

and qualified CISWI unit operator may operate the CISWI unit 

directly or be the direct supervisor of one or more other plant 

personnel who operate the unit. If all qualified CISWI unit 

operators are temporarily not accessible, you must follow the 

procedures in §60.2665. 

(b) Operator training and qualification must be obtained 

through a state-approved program or by completing the 

requirements included in paragraph (c) of this section. 

(c) Training must be obtained by completing an incinerator 

operator training course that includes, at a minimum, the three 

elements described in paragraphs (c)(1) through (3) of this 

section. 

(1) Training on the eleven subjects listed in paragraphs 

(c)(1)(i) through (xi) of this section. 

(i) Environmental concerns, including types of emissions. 

(ii) Basic combustion principles, including products of 

combustion. 

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

used by the operator, including proper startup, waste charging, 

and shutdown procedures. 

(iv) Combustion controls and monitoring. 
Page 175 of 322 

(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. 

(x) Pollution prevention. 

(xi) Waste management practices. 

(2) An examination designed and administered by the

instructor. 

(3) Written material covering the training course topics 

that can serve as reference material following completion of the 

course. 

§ 60.2640 When must the operator training course be completed?

The operator training course must be completed by the later 

of the three dates specified in paragraphs (a) through (c) of 

this section. 

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

(b) Six months after CISWI unit startup. 
Page 176 of 322 

(c) Six months after an employee assumes responsibility for 

operating the CISWI unit or assumes responsibility for 

supervising the operation of the CISWI unit. 

§ 60.2645 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a 

training course that satisfies the criteria under §60.2635(b). 

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

training course is completed and the operator successfully 

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

§ 60.2650 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual 

review or refresher course covering, at a minimum, the five 

topics described in paragraphs (a) through (e) of this section. 

(a) Update of regulations. 

(b) Incinerator operation, including startup and shutdown 

procedures, waste charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Prevention and correction of malfunctions or conditions 

that may lead to malfunction. 

(e) Discussion of operating problems encountered by

attendees. 

§ 60.2655 How do I renew my lapsed operator qualification?
Page 177 of 322 

You must renew a lapsed operator qualification by one of 

the two methods specified in paragraphs (a) and (b) of this 

section. 

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

standard annual refresher course described in §60.2650. 

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

initial qualification requirements in §60.2645(a). 

§ 60.2660 What site-specific documentation is required?

(a) Documentation must be available at the facility and 

readily accessible for all CISWI unit operators that addresses 

the ten topics described in paragraphs (a)(1) through (10) of 

this section. You must maintain this information and the 

training records required by paragraph (c) of this section in a 

manner that they can be readily accessed and are suitable for 

inspection upon request. 

(1) Summary of the applicable standards under this subpart. 

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

(3) Incinerator startup, shutdown, and malfunction 

procedures. 

(4) Procedures for maintaining proper combustion air supply 

levels. 

(5) Procedures for operating the incinerator and associated 

air pollution control systems within the standards established 

under this subpart. 
Page 178 of 322 

(6) Monitoring procedures for demonstrating compliance with 

the incinerator operating limits. 

(7) Reporting and recordkeeping procedures. 

(8) The waste management plan required under §§60.2620 

through 60.2630. 

(9) Procedures for handling ash. 

(10) A list of the wastes burned during the performance 

test. 

(b) You must establish a program for reviewing the 

information listed in paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the information listed in

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

the three dates specified in paragraphs (b)(1)(i) through (iii) 

of this section. 

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

(ii) Six months after CISWI unit startup. 

(iii) Six months after being assigned to operate the CISWI 

unit. 

(2) Subsequent annual reviews of the information listed in 

paragraph (a) of this section must be conducted no later than 12 

months following the previous review. 

(c) You must also maintain the information specified in 

paragraphs (c)(1) through (3) of this section. 
Page 179 of 322 

(1) Records showing the names of CISWI unit operators who 

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

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

review and all subsequent annual reviews. 

(2) Records showing the names of the CISWI operators who 

have completed the operator training requirements under 

§60.2635, met the criteria for qualification under §60.2645, and 

maintained or renewed their qualification under §60.2650 or 

§60.2655. Records must include documentation of training, the 

dates of the initial refresher training, and the dates of their 

qualification and all subsequent renewals of such 

qualifications. 

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

number at which they can be reached during operating hours. 

§ 60.2665 What if all the qualified operators are temporarily 

not accessible?

If all qualified operators are temporarily not accessible 

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

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

in paragraphs (a) and (b) of this section, depending on the 

length of time that a qualified operator is not accessible. 

(a) When all qualified operators are not accessible for 

more than 8 hours, but less than 2 weeks, the CISWI unit may be 

operated by other plant personnel familiar with the operation of 
Page 180 of 322 

the CISWI unit who have completed a review of the information 

specified in §60.2660(a) within the past 12 months. However, you 

must record the period when all qualified operators were not 

accessible and include this deviation in the annual report as 

specified under §60.2770. 

(b) When all qualified operators are not accessible for 2 

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

in paragraphs (b)(1) and (2) of this section. 

(1) Notify the Administrator of this deviation in writing 

within 10 days. In the notice, state what caused this deviation, 

what you are doing to ensure that a qualified operator is 

accessible, and when you anticipate that a qualified operator 

will be accessible. 

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

weeks outlining what you are doing to ensure that a qualified 

operator is accessible, stating when you anticipate that a 

qualified operator will be accessible and requesting approval 

from the Administrator to continue operation of the CISWI unit. 

You must submit the first status report 4 weeks after you notify 

the Administrator of the deviation under paragraph (b)(1) of 

this section. If the Administrator notifies you that your 

request to continue operation of the CISWI unit is disapproved, 

the CISWI unit may continue operation for 90 days, then must 

cease operation. Operation of the unit may resume if you meet 
Page 181 of 322 

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

section. 

(i) A qualified operator is accessible as required under 

§60.2635(a). 

(ii) You notify the Administrator that a qualified operator 

is accessible and that you are resuming operation. 

Model Rule—Emission Limitations and Operating Limits 

§ 60.2670 What emission limitations must I meet and by when?

(a) You must meet the emission limitations for each CISWI 

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

this subpart or tables 6 through 9 of this subpart by the final 

compliance date under the approved state plan, federal plan, or 

delegation, as applicable. The emission limitations apply at all 

times the unit is operating including and not limited to 

startup, shutdown, or malfunction. 

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

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

hour blocks consisting of ten 6-minute average opacity values) 

specified in table 2 of this subpart, as applicable. 

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

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

emission limitations, you must establish operating limits for up 

to four operating parameters (as specified in table 3 of this 
Page 182 of 322 

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

section during the initial performance test. 

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

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

appropriate. 

(i) For continuous and intermittent units, maximum charge 

rate is 110 percent of the average charge rate measured during 

the most recent performance test demonstrating compliance with 

all applicable emission limitations. 

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

the daily charge rate measured during the most recent 

performance test demonstrating compliance with all applicable 

emission limitations. 

(2) Minimum pressure drop across the wet 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 fan for 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 
Page 183 of 322 

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 during 

the initial performance test on the date the initial performance 

test is required or completed (whichever is earlier). You must 

conduct an initial performance evaluation of each continuous 

monitoring system and continuous parameter monitoring system 

within 60 days of installation of the monitoring system. 

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

limitations, you must operate each fabric filter system such 

that the bag leak detection system alarm does not sound more 

than 5 percent of the operating time during a 6-month period. In 

calculating this operating time percentage, if inspection of the 

fabric filter demonstrates that no corrective action is 

required, no alarm time is counted. If corrective action is 

required, each alarm shall be counted as a minimum of 1 hour. If 

you take longer than 1 hour to initiate corrective action, the 

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

by you to initiate corrective action. 
Page 184 of 322 

(d) If you use an electrostatic precipitator to comply with 

the emission limitations, 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, 
Page 185 of 322 

the secondary chamber temperature (if applicable to your CISWI 

unit), and the reagent flow rate during the nitrogen oxides 

performance testing. The operating limits for the selective 

noncatalytic reduction are calculated as the lowesthighest 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(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 ofr 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 a particulate matter 
Page 186 of 322 

continuous emissions monitoring systemCEMS, 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 

(i)(35) 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 (e.g., 

milliamps, stack concentration, or other raw data signal) 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). 

a. Your PM CPMS must provide a 4-20 milliamp output and the 

establishment of its relationship to manual reference 

method measurements must be determined in units of 

milliamps.

b. 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

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Page 187 of 322 

capable of reading PM concentration from zero to a level 

equivalent to two times your allowable emission limit.

c. 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 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% 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 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 (i)(5)of 

this section.

a. Determine your instrument zero output with one of the 

following procedures:

(i) 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.

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Page 188 of 322 

(ii) Zero point data for extractive instruments should 

be obtained by removing the extractive probe from 

the stack and drawing in clean ambient air.

(iii) 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.

(iv) If none of the steps in paragraphs (i)(a) through 

(d) of this section are possible, you must use a 

zero output value provided by the manufacturer.

b. Determine your PM CPMS instrument average in milliamps, 

and the average of your corresponding three PM compliance 

test runs, using equation 5.

 



  



	

,  



  



	

 (Eq. 5)

 Where:

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Page 189 of 322 

X1 = the PM CPMS data points for the three runs 

constituting the performance test,

Y1 = the PM concentration value for the three runs 

constituting the performance test, and

 n = the number of data points. 

c. With your instrument zero expressed in milliamps, your 

three run average PM CPMS milliamp value, and your three 

run average PM concentration from your three compliance 

tests, determine a relationship of lb/Mmbtu per milliamp 

with equation 6.

( ) X z

Y

−

=

1

1

 R 

 (Eq. 6)

Where:

R = the relative mg/dscm per milliamp for your PM 

CPMS, 

Y1 = the three run average mg/dscm PM concentration,

X1 = the three run average milliamp output from you PM 

CPMS, and

z = the milliamp equivalent of your instrument zero

determined from (2)(a).

d. Determine your source specific 30-day rolling average 

operating limit using the mg/dscm per milliamp value from 

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Page 190 of 322 

Equation 6 in equation 7, below. This sets your 

operating limit at the PM CPMS output value corresponding 

to 75% of your emission limit.


  

0.75



(Eq. 7)

Where:

Ol = the operating limit for your PM CPMS on a 30-day

rolling average, in milliamps.

L = your source emission limit expressed in lb/Mmbtu,

z = your instrument zero in milliamps, determined from 

(2)(a), and

R = the relative mg/dscm per milliamp for your PM 

CPMS, from Equation 3.

(3) If the average of your three PM compliance test runs is 

at or above 75% of your PM emission limit you must determine 

your operating limit by averaging the PM CPMS milliamp output 

corresponding to your three PM performance test runs that 

demonstrate compliance with the emission limit using equation 8 

and you must submit all compliance test and PM CPMS data 

according to the reporting requirements in section (5) below.

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Page 191 of 322 


 



  



	

 (Eq. 8)

 Where:

 X1 = the PM CPMS data points for all runs i,

 n = the number of data points, and

Oh = your site specific operating limit, in milliamps. 

(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, 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 value equivalent to the 

instrument zero output, technique by which this zero value was 

determined, and the average milliamp signals corresponding to 

each PM compliance test run.

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(2) Determine your operating limit as the highest 1-hour 

average PM CPMS output value recorded during the performance 

test. 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 sitespecific operating limit in accordance with the results of the 

performance test.

(3) 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, PM concentration, 

raw data signal) on a 30-day rolling average basis.

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

activated carbon injection, selective noncatalytic reduction, or 

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, or an electrostatic precipitator, or a 

dry scrubber or limit emissions in some other manner, including
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mass balances, to comply with the emission limitations under 

§60.2670, you must petition the EPA Administrator for specific 

operating limits to be established during the initial 

performance test and continuously monitored thereafter. You must 

not conduct the initial submit the petition at least sixty days 

before the performance test until after the petition has been 

approved by the Administratoris scheduled to begin. Your 

petition must include the five items listed in 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. 
Page 194 of 322 

(5) A discussion identifying the frequency and methods for 

recalibrating the instruments you will use for monitoring these 

parameters. 

(b) [Reserved] 

§ 60.2685 Affirmative Defense for ExceedanceViolation of an 

Emission LimitStandards During Malfunction.

In response to an action to enforce the standards set forth 

in paragraph §60.2670 you may assert an affirmative defense to a 

claim for civil penalties for exceedancesviolations of such 

standards that are caused by malfunction, as defined at §40 CFR 

60.2. Appropriate penalties may be assessed,; however, if you 

fail to meet your burden of proving all of the requirements in 

the affirmative defense. The affirmative defense shall not be 

available for claims for injunctive relief. 

(a) To establish the affirmative defense in any action to 

enforce such a limitstandard, you must timely meet the 

notificationreporting requirements in paragraph (b) of this 

section, and must prove by a preponderance of evidence that: 

(1) The excess emissions:violation: 

(i) WereWas caused by a sudden, infrequent, and unavoidable 

failure of air pollution control and monitoring equipment, 

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

manner; , and 
Page 195 of 322 

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and 

(iii) Did not stem from any activity or event that could 

have been foreseen and avoided, or planned for; and

(iv) WereWas not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and 

(2) Repairs were made as expeditiously as possible when the 

applicable emission limitations were being exceeded.a violation 

occurred. Off-shift and overtime labor were used, to the extent 

practicable to make these repairs; and 

(3) The frequency, amount and duration of the excess 

emissionsviolation (including any bypass) were minimized to the 

maximum extent practicable during periods of such emissions; and 

(4) If the excess emissionsviolation resulted from a bypass 

of control equipment or a process, then the bypass was 

unavoidable to prevent loss of life, personal injury, or severe 

property damage; and 

(5) All possible steps were taken to minimize the impact of 

the excess emissionsviolation on ambient air quality, the 

environment, and human health; and 

(6) All emissions and/or parameter monitoring and systems, 

as well as control systems, were kept in operation if at all 
Page 196 of 322 

possible, consistent with safety and good air pollution control 

practices; and

(7) All of the actions in response to the excess 

emissionsviolation were documented by properly signed, 

contemporaneous operating logs; and 

(8) At all times, the affected facility CISWI unit was 

operated in a manner consistent with good practices for 

minimizing emissions; and 

(9) A written root cause analysis has been prepared, the 

purpose of which is to determine, correct, and eliminate the 

primary causes of the malfunction and the excess 

emissionsviolation resulting from the malfunction event at 

issue. The analysis shall also specify, using best monitoring 

methods and engineering judgment, the amount of excessany

emissions that were the result of the malfunction. 

(b) Notification. The owner or operator of the facility 

experiencing an exceedance of its emission limit(s) during a 

malfunction shall notify the Administrator by telephone or 

facsimile (FAX) transmission as soon as possible, but no later 

than two business days after the initial occurrence of the 

malfunction, if it wishes to avail itself of an affirmative 

defense to civil penalties for that malfunctionReport. Report. 

The owner or operator seeking to assert an affirmative defense 

shall also submit a written report to the Administrator within 
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45 days of the initial occurrence of the exceedance of the 

standard in §60.2670 to demonstrate, with all necessary 

supporting documentation, that it has met the requirements set 

forth in paragraph (a) of this section. The owner or operator 

may seek an extension of this deadline for up to 30 additional 

days by submitting a written request to the Administrator before 

the expiration of the 45 dayThis affirmative defense report 

shall be included in the first periodic compliance, deviation 

report or excess emission report otherwise required after the 

initial occurrence of the violation of the relevant standard 

(which may be the end of any applicable averaging period. Until 

a request for an extension has been approved by the

Administrator, the owner or operator is subject to the 

requirement to submit). If such compliance, deviation report 

withinor excess emission report is due less than 45 days ofafter

the initial occurrence of the exceedances. violation, the 

affirmative defense report may be included in the second 

compliance, deviation report or excess emission report due after 

the initial occurrence of the violation of the relevant 

standard.

Model Rule—Performance Testing 

§ 60.2690 How do I conduct the initial and annual performance 

test?
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(a) All performance tests must consist of a minimum of 

three test runs conducted under conditions representative of 

normal operations. 

(b) You must document that the waste burned during the 

performance test is representative of the waste burned under 

normal operating conditions by maintaining a log of the quantity 

of waste burned (as required in §60.2740(b)(1)) and the types of 

waste burned during the performance test. 

(c) All performance tests must be conducted using the 

minimum run duration specified in tables 2 and 6 through 9 of 

this subpart. 

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

select the sampling location and number of traverse points. 

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

for gas composition analysis, including measurement of oxygen 

concentration. Method 3A or 3B of appendix A of this part must 

be used simultaneously with each method. 

(f) All pollutant concentrations, except for opacity, must 

be adjusted to 7 percent oxygen using Equation 1 of this 

section: 

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

Where: 

Cadj = pollutant concentration adjusted to 7 percent 

oxygen; 
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Cmeas = pollutant concentration measured on a dry 

basis; 

(20.9−7) = 20.9 percent oxygen−7 percent oxygen (defined 

oxygen correction basis); 

20.9 = oxygen concentration in air, percent; and 

%O2 = oxygen concentration measured on a dry basis, 

percent. 

(g) You must determine dioxins/furans toxic equivalency by 

following the procedures in paragraphs (g)(1) through (34) of 

this section. 

(1) Measure the concentration of each dioxin/furan tetrathrough 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. 
Page 200 of 322 

(34) Sum the products calculated in accordance with 

paragraph (g)(23) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency. 

(h) Method 22 at 40 CFR part 60, appendix A-7 must be used 

to determine compliance with the fugitive ash emission limit in 

table 2 of this subpart or tables 6 through 9 of this subpart. 

(i) If you have an applicable opacity operating limit, you 

must determine compliance with the opacity limit using Method 9 

at 40 CFR part 60, appendix A-4, based on three 1-hour blocks 

consisting of ten 6-minute average opacity values, unless you 

are required to install a continuous opacity monitoring system, 

consistent with §60.2710 and §60.2730.

(j) You must determine dioxins/furans total mass basis by 

following the procedures in paragraphs (j)(1) through (3) of 

this section.

(1) Measure the concentration of each dioxin/furan tetrathrough 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 
Page 201 of 322 

of isomers not meeting identification criteria 1 or 7 of Section 

5.3.2.5.)

(3) Sum the quantities measured in accordance with 

paragraphs (j)(1) and (2) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of total mass 

basis.

§ 60.2695 How are the performance test data used?

You use results of performance tests to demonstrate

compliance with the emission limitations in table 2 of this 

subpart or tables 6 through 9 of this subpart. 

Model Rule—Initial Compliance Requirements 

§ 60.2700 How do I demonstrate initial compliance with the 

amended emission limitations and establish the operating limits?

You must conduct a performance test, as required under 

§§60.2690 and 60.2670, to determine compliance with the emission 

limitations in table 2 of this subpart and tables 6 through 9 of 

this subpart, to establish compliance with any opacity operating 

limits in §60.2675, and to establish operating limits using the 

procedures in §60.2675 or §60.2680. The performance test must be 

conducted using the test methods listed in table 2 of this 

subpart and tables 6 through 9 of this subpart and the 

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

performance test shall invalidate the performance test. You must 
Page 202 of 322 

conduct a performance evaluation of each continuous monitoring 

system within 60 days of installation of the monitoring system. 

§ 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 combusting 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 

commencing or recommencing solid waste combustion. 

§ 60.2706 By what date must I conduct the initial air pollution 

control device inspection?
Page 203 of 322 

(a) The initial air pollution control device inspection 

must be conducted within 60 days after installation of the 

control device and the associated CISWI unit reaches the charge 

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

the final compliance date for meeting the amended emission 

limitations. 

(b) Within 10 operating days following an air pollution 

control device inspection, all necessary repairs must be 

completed unless the owner or operator obtains written approval 

from the state agency establishing a date whereby all necessary 

repairs of the designated facility must be completed. 

Model Rule—Continuous Compliance Requirements 

§ 60.2710 How do I demonstrate continuous compliance with the 

emission limitations and the operating limits?

(a) 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 unit, 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., 
Page 204 of 322 

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 §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 Sectionsection 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: 
Page 205 of 322 

(i) The name of the owner or operator of the CISWI unit, 

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 unit 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. 
Page 206 of 322 

(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 unit as required 

under §60.2690. The annual performance test must be conducted 

using the test methods listed in table 2 of this subpart or 

tables 6 through 9 of this subpart and the procedures in 

§60.2690. Opacity must be measured using EPA Reference Method 9 

at 40 CFR part 60. Annual performance tests are not required if 

you use continuous emission monitoring systemsCEMS or continuous 

opacity monitoring systems to determine compliance.
Page 207 of 322 

(c) You must continuously monitor the operating parameters 

specified in §60.2675 or established under §60.2680 and as 

specified in §60.2735. Operation above the established maximum 

or below the established minimum operating limits constitutes a 

deviation from the established operating limits. Three-hour 

block average values are used to determine compliance (except 

for baghouse leak detection system alarms) unless a different 

averaging period is established under §60.2680. Operating limits 

are confirmed or established 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 

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. 
Page 208 of 322 

(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 continuous emission monitoring 

systemCEMS to demonstrate compliance with the carbon monoxide

emission limit, compliance with the carbon monoxide emission 

limit may be demonstrated by using the continuous emission 

monitoring systemCEMS according to the following requirements: 

(1) You must measure emissions according to §60.13 to 

calculate 1-hour arithmetic averages, corrected to 7 percent 

oxygen. 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. You must demonstrate initial 

compliance with the carbon monoxide emissions limit using a 30-

day rolling average of the 1-hour arithmetic average emission 

concentrations, 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. 
Page 209 of 322 

(2) Operate the carbon monoxide continuous emissions 

monitoring system in accordance with the applicable requirements 

of performance specification 4A of appendix B and the quality 

assurance procedures of appendix F of this part. 

(h) ForCoal and liquid/gas energy recovery units with 

design capacitiesannual average heat input rates greater than 

250 MMBtu/hr and waste-burning kilns,may elect to demonstrate 

continuous compliance with the particulate matter emissions 

limit using a particulate matter continuous emissions monitoring 

system CEMS according to the procedures in §60.2730(n) instead 

of the continuous parameter monitoring system specified in 

§60.2710(i). Coal and liquid/gas energy recovery units with

annual average heat input rates less than 250 MMBtu/hr, 

incinerators, and small remote incinerators may also elect to 

demonstrate compliance using a particulate matter CEMS according 

to the procedures in §60.2730(n) instead of particulate matter 

testing with EPA Method 5 at 40 CFR part 60, appendix A-3 and, 

if applicable, the continuous opacity monitoring requirements in 

paragraph (i) of this section.

(i) For energy recovery units with design capacitiesannual 

average heat input rates greater than or equal to 10 MMBTU/hour, 

if you have an opacity operating limit, but less than 250 

MMBtu/hr you must install, operate, certify and maintain a 
Page 210 of 322 

continuous opacity monitoring system (COMS) according to the 

procedures in §60.2730. 

(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 is used) listed in table 8 of this subpart. If your 

waste-burning kiln is not equipped with a wet scrubber or dry 

scrubber, you must determine compliance with the hydrogen 

chloride emission limit using a continuous emission monitoring 

systemCEMS as specified in §60.2730. You must determine 

compliance with particulate matter using CPMS. You must 

determine compliance with the mercury emissions limit using a 

mercury continuous emission monitoring systemCEMS according to 

the following requirements: 

(1) Operate a continuous emission monitoring systemCEMS in 

accordance with performance specification 12A at 40 CFR part 60, 

appendix B or a sorbent trap based integrated monitor in 

accordance with performance specification 12B at 40 CFR part 60, 

appendix B. The duration of the performance test must be a 

calendar month. For each calendar month in which the wasteburning kiln operates, hourly mercury concentration data and 

stack gas volumetric flow rate data must be obtained. You must 

demonstrate compliance with the mercury emissions limit using a 

30-day rolling average of these 1-hour mercury concentrations, 
Page 211 of 322 

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.

(2) Owners or operators using a mercury continuous 

emissions monitoring systems 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 specifications 6 

and 12A at 40 CFR part 60, appendix B and quality assurance 

procedure 5 at 40 CFR part 60, appendix F. 

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

demonstrate initial compliance by operating a mercury continuous 

emissionemissions monitorCEMS while the raw mill of the in-line 

kiln/raw mill is operating under normal conditions and while 

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

operatingincluding 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: 
Page 212 of 322 

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

operation. 

(2) Develop a site-specific monitoring plan according to 

the requirements in paragraph (l) of this section. This 

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under 

§60.13(i). 

(l) For each continuous monitoring systemCMS 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. 
Page 213 of 322 

(iii) Performance evaluation procedures and acceptance 

criteria (e.g., calibrations). 

(iv) Ongoing operation and maintenance procedures in 

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

(v) Ongoing data quality assurance procedures in accordance 

with the general requirements of §60.13. 

(vi) Ongoing recordkeeping and reporting procedures in 

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

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

(2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific monitoring plan. 

(3) You must operate and maintain the continuous monitoring 

system in continuous operation according to the site-specific 

monitoring plan. 

(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 of the expected process 

flow rate. 
Page 214 of 322 

(3) Minimize the effects of swirling flow or abnormal 

velocity distributions due to upstream and downstream 

disturbances. 

(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 least once each process operating 

daythe frequency outlined in your site-specific monitoring plan

to ensure pressure measurements are not obstructed (e.g., check 

for pressure tap pluggage daily). 

(5) Conduct a performance evaluation of the pressure 

monitoring system in accordance with your monitoring plan at the 
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time of each performance test but no less frequently than 

annually. 

(6) If at any time the measured pressure exceeds the 

manufacturer's specified maximum operating pressure range, 

conduct a performance evaluation of the pressure monitoring 

system in accordance with your monitoring plan and confirm that 

the pressure monitoring system continues to meet the performance 

requirements in your monitoring plan. Alternatively, install and 

verify the operation of a new pressure sensor. 

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

a pressurepH monitoring system, you must meet the requirements 

in paragraphs (l) and (no)(1) through (64) of this section. 

(1) Install the pressurepH sensor(s) in a position that 

provides a representative measurement of the pressure (e.g., PM 

scrubber pressure drop).effluent pH.

(2) Minimize or eliminate pulsating pressure, 

vibration,Ensure the sample is properly mixed and internal and 

external corrosionrepresentative of the fluid to be measured. 

(3) Use a pressure sensor with a minimum tolerance of 1.27 

centimeters of water or a minimum tolerance of 1 percent of the

pressureConduct a performance evaluation of the pH monitoring 

system operating range, whichever is less.

(4) Perform checksin accordance with your monitoring plan

at least once each process operating day to ensure pressure 
Page 216 of 322 

measurements are not obstructed (e.g., check for pressure tap 

pluggage daily)..

(54) Conduct a performance evaluation (including a twopoint calibration with one of the pressuretwo 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 

annuallyquarterly. 

(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.

(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) through (2) of this section. 

(1) Install sensors to measure (secondary) voltage and 

current to the precipitator collection plates. 

(2) Conduct a performance evaluation of the electric power 

monitoring system in accordance with your monitoring plan at the 
Page 217 of 322 

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) 

through (3) of this section. 

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

representative measurement of the total sorbent injection rate. 

(2) Conduct a performance evaluation of the sorbent

injection rate monitoring system in accordance with your 

monitoring plan at the time of each performance test but no less 

frequently than annually. 

(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. 
Page 218 of 322 

(2) Use a bag leak detection system certified by the 

manufacturer to be capable of detecting particulate matter 

emissions at concentrations of 10 milligrams per actual cubic 

meter or less. 

(3) Conduct a performance evaluation of the bag leak 

detection system in accordance with your monitoring plan and 

consistent with the guidance provided in EPA–454/R–98–015 

(incorporated by reference, see §60.17). 

(4) Use a bag leak detection system equipped with a device 

to continuously record the output signal from the sensor. 

(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 continuous emission monitoring 

systemCEMS to demonstrate compliance with the sulfur dioxide 

emission limit, compliance with the sulfur dioxide emission 

limit may be demonstrated by using the continuous emission 

monitoring systemCEMS specified in §60.2730 to measure sulfur 

dioxide. CEMS data during startup and calculatingshutdown, as 

defined in this subpart, are not corrected to 7 percent oxygen, 

and are measured at stack oxygen content. You must calculate a 

30-day rolling average emission concentrationof the 1-hour 
Page 219 of 322 

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. The sulfur dioxide continuous 

emission monitoring systemCEMS must be operated according to 

performance specification 2 in appendix B of this part and must 

follow the procedures and methods specified in this paragraph 

(s). For sources that have actual inlet emissions less than 100 

parts per million dry volume, the relative accuracy criterion 

for inlet sulfur dioxide continuous emission monitoring 

systemsCEMS should be no greater than 20 percent of the mean 

value of the reference method test data in terms of the units of 

the emission standard, or 5 parts per million dry volume 

absolute value of the mean difference between the reference 

method and the continuous emission monitoring systemsCEMS, 

whichever is greater. 

(1) During each relative accuracy test run of the 

continuous emission monitoring systemCEMS 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 continuous 

emissionemissions monitorsCEMS and the test methods specified in 

paragraphs (s)(1)(i) and (s)(1)(ii) of this section. 
Page 220 of 322 

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

an alternative ANSI/ASME PTC 19.10–1981 (incorporated by 

reference, see §60.17) must be used. 

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

3A or 3B, or as an alternative ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see §60.17), as applicable, must be 

used. 

(2) The span value of the continuous emissions monitoring 

systemCEMS at the inlet to the sulfur dioxide control device 

must be 125 percent of the maximum estimated hourly potential 

sulfur dioxide emissions of the unit subject to this rule. The 

span value of the continuous emission monitoring systemCEMS at 

the outlet of the sulfur dioxide control device must be 50 

percent of the maximum estimated hourly potential sulfur dioxide 

emissions of the unit subject to this rule. 

(3) 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 continuous emission monitoring 

systemCEMS to demonstrate continuous compliance with the 

nitrogen oxides emission limit, compliance with the nitrogen 

oxides emission limit may be demonstrated by using the 

continuous emission monitoring systemCEMS specified in §60.2730 

to measure nitrogen oxides. CEMS data during startup and 
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calculatingshutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. You must calculate a 30-day rolling average of the 1-

hour arithmetic average emission concentration using Equation 

19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 

part 60, appendix A-7. The nitrogen oxides continuous emission 

monitoring systemCEMS must be operated according to performance 

specification 2 in appendix B of this part and must follow the 

procedures and methods specified in paragraphs (t)(1) through 

(t)(5) of this section. 

(1) During each relative accuracy test run of the 

continuous emission monitoring systemCEMS 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 continuous 

emission monitoring systemsCEMS and the test methods specified 

in paragraphs (t)(1)(i) and (t)(1)(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. 

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

3A or 3B, or as an alternative ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see §60.17), as applicable, must be 

used. 
Page 222 of 322 

(2) The span value of the continuous emission monitoring 

systemCEMS 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 (t)(4)(iv) of this 

section. This relationship may be reestablished during 

performance compliance tests. 

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

determine the relationship between oxygen and carbon dioxide at 

a sampling location. Method 3A, 3B, or as an alternative 

ANSI/ASME PTC 19.10–1981 (incorporated by reference, see 

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

concentration at the same location as the carbon dioxide 

monitor. 
Page 223 of 322 

(ii) Samples must be taken for at least 30 minutes in each 

hour. 

(iii) Each sample must represent a 1-hour average. 

(iv) A minimum of 3 runs must be performed. 

(u) For facilities using a continuous emissions monitoring 

system to demonstrate continuous compliance with any of the 

emission limits of this subpart, you must complete the 

following: 

(1) Demonstrate compliance with the appropriate emission 

limit(s) using a 30-day rolling average of 1-hour arithmetic 

average emission concentrations, 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. 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. 

(2) Operate all continuous emissions monitoring systemsCEMS

in accordance with the applicable procedures under appendices B 

and F of this part. 

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

standards deviation for particulate matter, HCl, Pb, Cd, Hg, 

NOx, SO2, and dioxin/furans. 

(w) For energy recovery units with a design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 
Page 224 of 322 

carbon monoxide continuous emission monitoring systemCEMS, you 

must install, operate, and maintain the continuous a oxygen 

monitoringanalyzer system specifiedas defined in §60.27302875

according to the procedures in paragraphs (w)(1) through (4) of 

this section by the compliance date specified in table .

(1 of this subpart.) The oxygen level shall be monitored at 

the outlet of the energy recovery unit.analyzer system must be 

installed by the initial performance test date specified in 

§60.2675. 

(1) Each monitor(2) You must be operated and maintained 

according tooperate the applicable procedures under performance 

specification 3 of appendix B of this part and according to the 

site-specific monitoring plan developed according to paragraph 

(l) of this section.

(2) During each relative accuracy test run of the 

continuous emission monitoringoxygen trim system required by 

performance specification 3 of appendix B of this part, oxygen 

data must be collected concurrently (or within a 30- to 60-

minute period) by both the continuous emission monitor and the 

test methods specified in paragraphs (compliance with paragraph 

(w)(3) of this section at all times. 

(3) For oxygen, EPA Reference Method 3A or 3B, or as an

alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, 

see §60.17), as applicable, must be used.
Page 225 of 322 

(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.

(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 wasteburning 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 §60.2710(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 
Page 226 of 322 

representative sample. The reportable measurement output from 

the PM CPMS may be expressed as milliamps, stack concentration, 

or other raw data signal.

(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of 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 §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 millamps, PM concentration, or 

other raw data signal value.

(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 (e.g., 

milliamps, PM concentration, raw data signal).

(5) You must collect data using the PM CPMS at all times 

the energy recovery unit or waste-burning kiln is operating and 
Page 227 of 322 

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);
Page 228 of 322 

(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; and 

(iii) Within 4530 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. Within 45 days of the deviation, 

you must or re-establish the CPMS operating limit. You are not

required to conduct additional testing for any deviations that 
Page 229 of 322 

occur between the time of the original deviation and the PM 

emissions compliance test required under this paragraph.

(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.

§ 60.2715 By what date must I conduct the annual performance 

test?

You must conduct annual performance tests between 11 and 13 

months of the previous performance test. 

§ 60.2716 By what date must I conduct the annual air pollution 

control device inspection?

On an annual basis (no more than 12 months following the 

previous annual air pollution control device inspection), you 

must complete the air pollution control device inspection as 

described in §60.2706. 

§ 60.2720 May I conduct performance testing less often?

(a) You must conduct annual performance tests according to 

the schedule specified in §60.2715, with the following 

exceptions: 

(1) You may conduct a repeat performance test at any time 

to establish new values for the operating limits to apply from 

that point forward, as specified in §60.2725. The Administrator 

may request a repeat performance test at any time. 

Formatted: Indent: First line: 0"
Page 230 of 322 

(2) You must repeat the performance test within 60 days of 

a process change, as defined in §60.2875. 

(3) If the initial or any subsequent performance test for 

any pollutant in table 2 or tables 6 through 9 of this subpart, 

as applicable, 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, 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, you may elect to 

skip conducting a performance test for the 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. For 

cadmium and lead, both cadmium and lead must be emitted at 

emission levels no greater than their respective emission levels 

specified in paragraph (a)(3)(i) of this section for you to 

qualify for less frequent testing under this paragraph. 

(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, to this subpart. 
Page 231 of 322 

(ii) For fugitive emissions, visible emissions (of 

combustion ash from the ash conveying system) for 2 percent of 

the time during each of the 3three 1-hour observationobservation

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 unit 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. 

§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 
Page 232 of 322 

§ 60.2730 What monitoring equipment must I install and what 

parameters must I monitor?

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

emission limitation under §60.2670, you must install, calibrate 

(to manufacturers' specifications), maintain, and operate 

devices (or establish methods) for monitoring the value of the 

operating parameters used to determine compliance with the 

operating limits listed in table 3 of this subpart. These 

devices (or methods) must measure and record the values for 

these operating parameters at the frequencies indicated in table 

3 of this subpart at all times except as specified in 

§60.2735(a). 

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

requirements of this subpart, 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 
Page 233 of 322 

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. 

(8) Where multiple detectors are required, the system’s 

instrumentation and alarm may be shared among detectors. 

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

activated carbon, selective non-catalytic reduction, or an 

electrostatic precipitator, or a dry scrubber to comply with the 

emission limitations under §60.2670, you must install, calibrate 

(to the manufacturers’ specifications), maintain, and operate 

the equipment necessary to monitor compliance with the site-
Page 234 of 322 

specific operating limits established using the procedures in 

§60.2680. 

(d) If you use activated carbon injection to comply with 

the emission limitations in this subpart, you must measure the 

minimum sorbent flow rate once per hour. 

(e) If you use selective non-catalyticnoncatalytic

reduction to comply with the emission limitations, you must 

complete the following: 

(1) Following the date on which the initial performance 

test is completed or is required to be completed under §60.2690, 

whichever date comes first, ensure that the affected facility 

does not operate above the maximum charge rate, or below the 

minimum secondary chamber temperature (if applicable to your 

CISWI unit) or the minimum reagent flow rate measured as 3-hour 

block averages at all times. 

(2) Operation of the affected facility above the maximum 

charge rate, below the minimum secondary chamber temperature,

and below the minimum reagent flow rate simultaneously 

constitute a violation of the nitrogen oxides emissions limit. 

(f) If you use an electrostatic precipitator to comply with 

the emission limits of this subpart, you must monitor the 

voltage and amperage ofsecondary power to the electrostatic 

precipitator collection plates and maintain the 3-hour block 
Page 235 of 322 

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, in place of hydrogen chloride testing 

with EPA Method 321 at 40 CFR part 63, appendix A, an owner or 

operator must install, calibrate, maintain, and operate a 

continuous emission monitoring systemCEMS for monitoring 

hydrogen chloride emissions discharged to the atmosphere and 

record the output of the system. To demonstrate continuous 

compliance with the hydrogen chloride emissions limit 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 continuous emissions monitoring systemCEMS for 

conducting the hydrogen chloride annual performance test, 

monitoring the minimum hydrogen chloride sorbent flow rate, and 

monitoring the minimum scrubber liquor pH. 

(h) To demonstrate continuous compliance with the 

particulate matter emissions limit, a facility may substitute 

use of a particulate matter continuous emissions monitoring 

systemCEMS for conducting the particulate matter annual 

performance test and other CMS monitoring the minimumfor PM 

compliance (e.g., bag leak detectors, ESP secondary power, PM 

scrubber pressure drop across the wet scrubber, if applicable.).
Page 236 of 322 

(i) To demonstrate continuous compliance with the 

dioxin/furan emissions limit, a facility may substitute use of a 

continuous automated sampling system for the dioxin/furan annual 

performance test. You must record the output of the system and 

analyze the sample according to EPA Method 23 at 40 CFR part 60, 

appendix A-7. You may propose alternative continuous monitoring 

consistent with the requirements in §60.13(j). This option to 

use a continuous automated sampling system takes effect on the 

date a final performance specification applicable to 

dioxin/furan from continuous monitors is published in the 

Federal Register. The owner or operator who elects to 

continuously sample dioxin/furan emissions instead of sampling 

and testing using EPA Method 23 at 40 CFR part 60, appendix A-7 

must install, calibrate, maintain and operate a continuous 

automated sampling system and must comply with the requirements 

specified in §60.58b(p) and (q). A facility may substitute 

continuous dioxin/furan monitoring for the minimum sorbent flow 

rate, if activated carbon sorbent injection is used solely for 

compliance with the dioxin/furan emission limit.

(j) To demonstrate continuous compliance with the mercury 

emissions limit, a facility may substitute use of a continuous 

automated sampling system for the mercury annual performance 

test. You must record the output of the system and analyze the 

sample at set intervals using any suitable determinative 
Page 237 of 322 

technique that can meet performance specification 12B criteria. 

This option to use a continuous automated sampling system takes 

effect on the date a final performance specification applicable 

to mercury from monitors is published in the Federal Register. 

The owner or operator who elects to continuously sample mercury 

emissions instead of sampling and testing using EPA Method 29 or 

30B at 40 CFR part 60, appendix A-8, ASTM D6784-02 (Reapproved 

2008) (incorporated by reference, see §60.17), or an approved 

alternative method for measuring mercury emissions, must 

install, calibrate, maintain and operate a continuous automated 

sampling system and must comply with the requirements specified 

in §60.58b(p) and (q). A facility may substitute continuous 

mercury monitoring for the minimum sorbent flow rate, if 

activated carbon sorbent injection is used solely for compliance 

with the mercury emission limit.

(k) To demonstrate continuous compliance with the nitrogen 

oxides emissions limit, a facility may substitute use of a 

continuous emissions monitoring systemCEMS for the nitrogen 

oxides 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 continuous 

emission monitoring systemCEMS for measuring nitrogen oxides 

Formatted: Font: Bold, No underline
Page 238 of 322 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 2 

of appendix B of this part, the quality assurance procedure 1 of 

appendix F of this part and the procedures under §60.13 must be 

followed for installation, evaluation and operation of the 

continuous emission monitoring systemCEMS. 

(2) Following the date that the initial performance test 

for nitrogen oxides is completed or is required to be completed 

under §60.2690, compliance with the emission limit for nitrogen 

oxides required under §60.52b(d) must be determined based on the 

30-day rolling average of the hourly emission concentrations 

using continuous emission monitoring systemCEMS outlet data. The 

1-hour arithmetic averages must be expressed in parts per 

million by volume corrected to 7 percent oxygen (dry basis) and 

used to calculate the 30-day rolling average concentrations.

CEMS data during startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent oxygen, and are measured 

at stack oxygen content. The 1-hour arithmetic averages must be 

calculated using the data points required under §60.13(e)(2). 

(l) To demonstrate continuous compliance with the sulfur 

dioxide emissions limit, a facility may substitute use of a 

continuous automated sampling system for the sulfur dioxide 

annual performance test to demonstrate compliance with the 

sulfur dioxide emissions limits. 
Page 239 of 322 

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

emission monitoring systemCEMS for measuring sulfur dioxide 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 2 

of appendix B of this part, the quality assurance requirements 

of procedure 1 of appendix F of this part and the procedures 

under §60.13 must be followed for installation, evaluation and 

operation of the continuous emission monitoring systemCEMS. 

(2) Following the date that the initial performance test 

for sulfur dioxide is completed or is required to be completed 

under §60.2690, compliance with the sulfur dioxide emission 

limit may be determined based on the 30-day rolling average of 

the hourly arithmetic average emission concentrations using 

continuous emission monitoring systemCEMS outlet data. The 1-

hour arithmetic averages must be expressed in parts per million 

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

the 30-day rolling average emission concentrations. CEMS data 

during startup and shutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. The 1-hour arithmetic averages must be calculated using 

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

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

scrubber, fabric filter with bag leak detection system, or 

particulate matter continuous emission monitoring systemCEMS, 
Page 240 of 322 

you must install, operate, certify and maintain a continuous 

opacity monitoring system according to the procedures in 

paragraphs (m)(1) through (5) of this section by the compliance 

date specified in §60.2670. Energy recovery units that use a 

particulate matter continuous emissions monitoring systemCEMS to 

demonstrate initial and continuing compliance according to the 

procedures in §60.2730(n) are not required to install a 

continuous opacity monitoring system and must perform the annual 

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

(1) Install, operate and maintain each continuous opacity 

monitoring system according to performance specification 1 at 40 

CFR part 60, appendix B. 

(2) Conduct a performance evaluation of each continuous 

opacity monitoring system according to the requirements in 

§60.13 and according to performance specification 1 at 40 CFR 

part 60, appendix B. 

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

monitoring system must complete a minimum of one cycle of 

sampling and analyzing for each successive 10-second period and 

one cycle of data recording for each successive 6-minute period. 

(4) Reduce the continuous opacity monitoring system data as 

specified in §60.13(h)(1). 

(5) Determine and record all the 6-minute averages (and 1-

hour block averages as applicable) collected. 
Page 241 of 322 

(n) For coal and liquid/gas energy recovery units with 

design capacities greater than 250 MMBtu/hr and waste-burning 

kilns, in place of particulate matter testing with EPA Method 5 

at 40 CFR part 60, appendix A-3, incinerators, and small remote 

incinerators, an owner or operator mustmay elect to install, 

calibrate, maintain and operate a continuous emission monitoring 

systemCEMS 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, as applicable, monitor with a particulate 

matter CPMS according to paragraph (r) of this section, must 

install, calibrate, maintain and operate a continuous emission 

monitoring systemCEMS and must comply with the requirements 

specified in paragraphs (n)(1) through (n)(1413) of this 

section. 

(1) Notify the Administrator 1 month before starting use of 

the system. 

(2) Notify the Administrator 1 month before stopping use of 

the system. 

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

in accordance with the requirements of performance specification 
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11 of appendix B of this part and quality assurance requirements 

of procedure 2 of appendix F of this part and §60.13. 

(4) The initial performance evaluation must be completed no 

later than 180 days after the final compliance date for meeting 

the amended emission limitations, as specified under §60.2690 or 

within 180 days of notification to the Administrator of use of 

the continuous monitoring system if the owner or operator was 

previously determining compliance by Method 5 at 40 CFR part 60, 

appendix A-3 performance tests, whichever is later.

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

request that compliance with the particulate matter emission 

limit be determined using carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. The relationship between 

oxygen and carbon dioxide levels for the affected facility must 

be established according to the procedures and methods specified 

in §60.2710(s)(5)(i) through (s)(5)(iv). 

(6) The owner or operator of an affected facility must 

conduct an initial performance test for particulate matter 

emissions as required under §60.2690. Compliance with the 

particulate matter emission limit, if PM CEMS are elected for 

demonstrating compliance, must be determined by using the 

continuous emission monitoring systemCEMS specified in paragraph 

(n) of this section to measure particulate matter and 

calculating. You must calculate a 30-day rolling average 
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emission concentrationof 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 A7 of this part. 

(7) 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 continuous emission 

monitoring systemCEMS outlet data. 

(8) At a minimum, valid continuous monitoring system hourly 

averages must be obtained as specified §60.2735. 

(9) The 1-hour arithmetic averages required under paragraph 

(n)(7) of this section must be expressed in milligrams per dry 

standard cubic meter corrected to 7 percent oxygen (or carbon 

dioxide)(dry basis) and must be used to calculate the 30-day 

rolling average emission concentrations. CEMS data during 

startup and shutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack oxygen 

content. The 1-hour arithmetic averages must be calculated using 

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

(10) All valid continuous emission monitoring systemCEMS

data must be used in calculating average emission concentrations 
Page 244 of 322 

even if the minimum continuous emission monitoring systemCEMS

data requirements of paragraph (n)(8) of this section are not 

met. 

(11) The continuous emission monitoring systemCEMS must be 

operated according to performance specification 11 in appendix B 

of this part. 

(12) During each relative accuracy test run of the 

continuous emission monitoring systemCEMS required by 

performance specification 11 in appendix B of this part, 

particulate matter and oxygen (or carbon dioxide) data must be 

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

both the continuous emissionemissions monitorsCEMS and the 

following test methods. 

(i) For particulate matter, EPA Reference Method 5 at 40 

CFR part 60, appendix A-3 must be used. 

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

3A or 3B at 40 CFR part 60, appendix A-2, as applicable, must be 

used. 

(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance with 

procedure 2 in appendix F of this part. 

(14) When particulate matter emissions data are missing 

because of continuous emission monitoring system breakdowns, 

repairs, calibration checks and zero and span adjustments, you 
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must collect emissions data by using other monitoring systems as 

approved by the Administrator or EPA Reference Method 19 at 40 

CFR part 60, appendix A-7 to provide, as necessary, valid 

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

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

the hours per calendar year that the affected facility is 

operated and combusting waste.

(o) To demonstrate continuous compliance with the carbon 

monoxide emissions limit, a facility may substitute use of a 

continuous automated sampling system for the carbon monoxide 

annual performance test to demonstrate compliance with the 

carbon monoxide emissions limits. 

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

emission monitoring systemCEMS for measuring carbon monoxide 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 4B 

of appendix B of this part, the quality assurance procedure 1 of 

appendix F of this part and the procedures under §60.13 must be 

followed for installation, evaluation, and operation of the 

continuous emission monitoring systemCEMS. 

(2) Following the date that the initial performance test 

for carbon monoxide is completed or is required to be completed 

under §60.2690, compliance with the carbon monoxide emission 

limit may be determined based on the 30-day rolling average of 
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the hourly arithmetic average emission concentrations, including 

CEMS data during startup and shutdown as defined in this 

subpart, using continuous emission monitoring systemCEMS outlet 

data. The Except for CEMS data during startup and shutdown, as 

defined in this subpart, the 1-hour arithmetic averages must be 

expressed in parts per million corrected to 7 percent oxygen 

(dry basis) and used to calculate the 30-day rolling average 

emission concentrations. CEMS data collected during startup or 

shutdown, as defined in this subpart, are not corrected to 7 

percent oxygen, and are measured at stack oxygen content. The 1-

hour arithmetic averages must be calculated using the data 

points required under §60.13(e)(2). 

(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 continuous emission monitoring systemCEMS, you 

must install, operate, and maintain the continuous a oxygen 

monitoringanalyzer system as defined in §60.2875 according to 

the procedures in paragraphs (q)(1) through (4) of this section

by the compliance date specified in table .
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(1 of this subpart.) The oxygen level shall be monitored at 

the outlet of the energy recovery unit.analyzer system must be 

installed by the initial performance test date specified in 

§60.2675. 

(1) Each monitor must be installed, operated, and 

maintained according to the applicable procedures under 

performance specification 3 of appendix B of this part, the 

quality assurance procedure 1 of appendix F of this part, the 

procedures under §60.13 and according to the site-specific 

monitoring plan developed according to paragraph (l) of this 

section.

(2) During each relative accuracy test run of the 

continuous emission monitoring system required by performance 

specification 3 of appendix B of this part, oxygen data must be 

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

both the continuous emission monitor and the test methods 

specified in paragraphs (w)(3) of this section.

(3) For oxygen, EPA Reference Method 3A or 3B, or as an

alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, 

see §60.17), as applicable, must be used.

(2) 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 
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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.

(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. The 1-hour 

arithmetic averages must be calculated using the data points 

required under §60.13(e)(2).

§(r) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour and wasteburning 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 §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 
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representative sample. The reportable measurement output from 

the PM CPMS may be expressed as milliamps, stack concentration, 

or other raw data signal.

(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of 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 §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 millamps, PM concentration, or 

other raw data signal value.

(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 (e.g., 

milliamps, PM concentration, raw data signal).

(5) You must collect data using the PM CPMS at all times 

the energy recovery unit or waste-burning kiln is operating and 
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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);
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(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; and 

(iii) Within 4530 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. or re-establish the CPMS 

operating limit. Within 45 days of the deviation, you must reestablish the CPMS operating limit. You are not required to 

conduct additional testing for any deviations that occur between 
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the time of the original deviation and the PM emissions 

compliance test required under this paragraph.

(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.

(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.

§ 60.2735 Is there a minimum amount of monitoring data I must 

obtain?

For each continuous monitoring system required or 

optionally allowed under §60.2730, you must monitor and collect 

data according to this section: 

(a) You must operate the monitoring system and collect data 

at all required intervals at all times compliance is required 

except for periods of monitoring system malfunctions or out-ofcontrol periods, repairs associated with monitoring system 
Page 253 of 322 

malfunctions or out-of-control periods (as specified in 

§60.2770(o) of this part), 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-ofcontrol 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 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 
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required zero and span adjustments, failure to collect required 

data is a deviation of the monitoring requirements.

§ 60.2740 What records must I keep?

You must maintain the items (as applicable) as specified in 

paragraphs (a), (b), and (e) through (vw) of this section for a 

period of at least 5 years: 

(a) Calendar date of each record. 

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

through (6) of this section: 

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

charge rates. 

(2) Liquor flow rate to the wet scrubber inlet every 15 

minutes of operation, as applicable. 

(3) Pressure drop across the wet scrubber system every 15 

minutes of operation or amperage to the wet scrubber every 15 

minutes of operation, as applicable. 

(4) Liquor pH as introduced to the wet scrubber every 15 

minutes of operation, as applicable. 

(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under §60.2675(d) 

through (fg) or §60.2680, you must maintain data collected for

all operating parameters used to determine compliance with the 

operating limits. For energy recovery units using activated 

carbon injection or a dry scrubber, you must also maintain 
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records of the load fraction and corresponding sorbent injection 

rate records.

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

limitations, you must record the date, time, and duration of 

each alarm and the time corrective action was initiated and 

completed, and a brief description of the cause of the alarm and 

the corrective action taken. You must also record the percent of 

operating time during each 6-month period that the alarm sounds, 

calculated as specified in §60.2675(c). 

(c) [Reserved] 

(d) [Reserved] 

(e) Identification of calendar dates and times for which 

data show a deviation from the operating limits in table 3 of 

this subpart or a deviation from other operating limits 

established under §60.2675(d) through (fg) or §60.2680 with a 

description of the deviations, reasons for such deviations, and 

a description of corrective actions taken. 

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

performance tests conducted to determine compliance with the 

emission limits and/or to establish operating limits, as 

applicable. Retain a copy of the complete test report including 

calculations. 

(g) Records showing the names of CISWI unit operators who 

have completed review of the information in §60.2660(a) as 
Page 256 of 322 

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

review and all subsequent annual reviews. 

(h) Records showing the names of the CISWI operators who 

have completed the operator training requirements under 

§60.2635, met the criteria for qualification under §60.2645, and 

maintained or renewed their qualification under §60.2650 or 

§60.2655. Records must include documentation of training, the 

dates of the initial and refresher training, and the dates of 

their qualification and all subsequent renewals of such 

qualifications. 

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

number at which they can be reached during operating hours. 

(j) Records of calibration of any monitoring devices as 

required under §60.2730. 

(k) Equipment vendor specifications and related operation 

and maintenance requirements for the incinerator, emission 

controls, and monitoring equipment. 

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

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

burned and the types of waste burned (always required). 

(n) Maintain records of the annual air pollution control 

device inspections that are required for each CISWI unit subject 

to the emissions limits in table 2 of this subpart or tables 6 

through 9 of this subpart, any required maintenance and any 
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repairs not completed within 10 days of an inspection or the 

timeframe established by the state regulatory agency. 

(o) For continuously monitored pollutants or parameters, 

you must document and keep a record of the following parameters 

measured using continuous monitoring systems. 

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

(2) All 1-hour average concentrations of sulfur dioxide 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(3) All 1-hour average concentrations of nitrogen oxides 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(4) All 1-hour average concentrations of carbon monoxide 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(5) All 1-hour average concentrations of particulate matter 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(6) All 1-hour average concentrations of mercury emissions.

You must indicate which data are CEMS data during startup and 

shutdown.

(7) All 1-hour average concentrations of hydrogen chloride 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.
Page 258 of 322 

(8) All 1-hour average percent oxygen concentrations.

(9) All 1-hour average PM CPMS readings or particulate 

matter continuous emissions monitorCEMS outputs.

(p) Records indicating use of the bypass stack, including 

dates, times and durations. 

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

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

annual records that document that your emissions in the previous 

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

emission limit and document that there was no change in source 

operations including fuel composition and operation of air 

pollution control equipment that would cause emissions of the 

relevant pollutant to increase within the past year. 

(r) Records of the occurrence and duration of each 

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

pollution control and monitoring equipment. 

(s) Records of all required maintenance performed on the 

air pollution control and monitoring equipment. 

(t) Records of actions taken during periods of malfunction 

to minimize emissions in accordance with §60.11(d), including 

corrective actions to restore malfunctioning process and air 

pollution control and monitoring equipment to its normal or 

usual manner of operation. 
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(u) For operating units that burncombust non-hazardous 

secondary materials other than traditional fuels as defined in 

§241.2, a description of each material burned, andthat have been 

determined not to be solid waste pursuant to §241.3(b)(1), you 

must keep a record which documents how eachthe secondary

material that is not a traditional fuel meets each of the 

legitimacy criteria inunder §241.3(d)(1). If you combust a 

materialfuel that has been processed from a discarded nonhazardous secondary material pursuant to §241.3(b)(4), you must 

keep records as to how the operations that produced the material 

satisfyfuel satisfies the definition of processing in §241.2.

and each of the legitimacy criteria in §241.3(d)(1) of this 

chapter. If the materialfuel received a non-waste determination 

pursuant to the petition process submitted under §241.3(c), you 

must keep a copy of the non-waste determination granted by 

EPA.record that documents how the fuel satisfies the 

requirements of the petition process. For operating units that 

combust non-hazardous secondary materials as fuel per §241.4, 

you must keep records documenting that the material is a listed 

non-waste under §241.4(a).

(v) For operating units that burn tires, a certification 

that the shipments of tires that are non-waste per 40 CFR 

241.3(b)(2)(i), are part of an established tire collection 

program, consistent with the definition of that term in §241.2.
Page 260 of 322 

The certification must document that the tires were not 

discarded and are handled as valuable commodities in accordance 

with §241.3(b)(2)(i), from the point of removal from the 

automobile through arrival at the combustion facility. The 

certification must identify the entity the tires were received 

from (for example, the name of the state or private collection 

program), the quantity, volume, or weight of tires received by 

you, and the dates received. The certification must be signed by 

the owner or operator of the combustion unit, or by a 

responsible official of the established tire collection program, 

and must include the following certification of compliance, “The 

tires from this tire collection program meet the EPA definition 

of an established tire collection program in §241” and state the 

title or position of the person signing the certification. You 

must also keep a record that identifies where on your plant site 

the tires from each tire collection program are located, and 

that accounts for all tires at the plant site.

§(v) 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.

(w) Records of the criteria used to establish that the unit 

qualifies as a cogeneration facility under section 3(18)(B) of 
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the Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is homogeneous.

§ 60.2745 Where and in what format must I keep my records?

All records must be available onsite in either paper copy 

or computer-readable format that can be printed upon request, 

unless an alternative format is approved by the Administrator. 

§ 60.2750 What reports must I submit?

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

requirements. 

§ 60.2755 When must I submit my waste management plan?

You must submit the waste management plan no later than the 

date specified in table 1 of this subpart for submittal of the 

final control plan. 

§ 60.2760 What information must I submit following my initial 

performance test?

You must submit the information specified in paragraphs (a) 

through (c) of this section no later than 60 days following the 

initial performance test. All reports must be signed by the 

facilities manager. 

(a) The complete test report for the initial performance 

test results obtained under §60.2700, as applicable. 

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

established in §60.2675 or §60.2680. 
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(c) If you are using a fabric filter to comply with the 

emission limitations, documentation that a bag leak detection 

system has been installed and is being operated, calibrated, and 

maintained as required by §60.2730(b). 

§ 60.2765 When must I submit my annual report?

You must submit an annual report no later than 12 months 

following the submission of the information in §60.2760. You 

must submit subsequent reports no more than 12 months following 

the previous report. (If the unit is subject to permitting 

requirements under title V of the Clean Air Act, you may be 

required by the permit to submit these reports more frequently.) 

§ 60.2770 What information must I include in my annual report?

The annual report required under §60.2765 must include the 

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

If you have a deviation from the operating limits or the 

emission limitations, you must also submit deviation reports as 

specified in §§60.2775, 60.2780, and 60.2785. 

(a) Company name and address. 

(b) Statement by a responsible official, with that 

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

of the content of the report. 

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

reporting period. 
Page 263 of 322 

(d) The values for the operating limits established

pursuant to §60.2675 or §60.2680. 

(e) If no deviation from any emission limitation or

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting period. 

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

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

parameter recorded for the calendar year being reported. 

(g) Information recorded under §60.2740(b)(6) and (c) 

through (e) for the calendar year being reported. 

(h) If a performance test was conducted during the 

reporting period, the results of that test. 

(i) If you met the requirements of §60.2720(a) or (b), and 

did not conduct a performance test during the reporting period, 

you must state that you met the requirements of §60.2720(a) or 

(b), and, therefore, you were not required to conduct a 

performance test during the reporting period. 

(j) Documentation of periods when all qualified CISWI unit 

operators were unavailable for more than 8 hours, but less than 

2 weeks. 

(k) If you had a malfunction during the reporting period, 

the compliance report must include the number, duration, and a 

brief description for each type of malfunction that occurred 
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during the reporting period and that caused or may have caused 

any applicable emission limitation to be exceeded. The report 

must also include a description of actions taken by an owner or 

operator during a malfunction of an affected source to minimize 

emissions in accordance with §60.11(d), including actions taken 

to correct a malfunction. 

(l) For each deviation from an emission or operating 

limitation that occurs for a CISWI unit for which you are not 

using a CMS to comply with the emission or operating limitations 

in this subpart, the annual report must contain the following 

information. 

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

deviation occurred during the reporting period. 

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

deviations (including unknown cause, if applicable), as 

applicable, and the corrective action taken. 

(m) If there were periods during which the continuous 

monitoring system, including the continuous emission monitoring 

systemCEMS, was out of control as specified in paragraph (o) of 

this section, the annual report must contain the following 

information for each deviation from an emission or operating 

limitation occurring for a CISWI unit for which you are using a 

continuous monitoring system to comply with the emission and 

operating limitations in this subpart. 
Page 265 of 322 

(1) The date and time that each malfunction started and 

stopped. 

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

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

(3) The date, time, and duration that each continuous 

monitoring system was out-of-control, including start and end 

dates and hours and descriptions of corrective actions taken. 

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

stopped, and whether each deviation occurred during a period of 

malfunction or during another period. 

(5) A summary of the total duration of the deviation during 

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

total source operating time during that reporting period. 

(6) A breakdown of the total duration of the deviations 

during the reporting period into those that are due to control 

equipment problems, process problems, other known causes, and 

other unknown causes. 

(7) A summary of the total duration of continuous 

monitoring system downtime during the reporting period, and the 

total duration of continuous monitoring system downtime as a 

percent of the total operating time of the CISWI unit at which 

the continuous monitoring system downtime occurred during that 

reporting period. 
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(8) An identification of each parameter and pollutant that 

was monitored at the CISWI unit. 

(9) A brief description of the CISWI unit. 

(10) A brief description of the continuous monitoring 

system. 

(11) The date of the latest continuous monitoring system 

certification or audit. 

(12) A description of any changes in continuous monitoring 

system, processes, or controls since the last reporting period. 

(n) If there were periods during which the continuous 

monitoring system, including the continuous emission monitoring 

systemCEMS, 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. 
Page 267 of 322 

(3) The continuous opacity monitoring system calibration 

drift exceeds two times the limit in the applicable performance 

specification in the relevant standard. 

§(p) For energy recovery units, include the annual heat 

input and average annual heat input rate of all fuels being 

burned in the unit to verify which subcategory of energy 

recovery unit applies.

§ 60.2775 What else must I report if I have a deviation from the 

operating limits or the emission limitations?

(a) You must submit a deviation report if any recorded 3-

hour average parameter level is above the maximum operating 

limit or below the minimum operating limit established under 

this subpart, if the bag leak detection system alarm sounds for 

more than 5 percent of the operating time for the 6-month 

reporting period, or if a performance test was conducted that 

deviated from any emission limitation. 

(b) The deviation report must be submitted by August 1 of 

that year for data collected during the first half of the 

calendar year (January 1 to June 30), and by February 1 of the 

following year for data you collected during the second half of 

the calendar year (July 1 to December 31). 

§ 60.2780 What must I include in the deviation report?

In each report required under §60.2775, for any pollutant 

or parameter that deviated from the emission limitations or 
Page 268 of 322 

operating limits specified in this subpart, include the six 

items described in paragraphs (a) through (f) of this section. 

(a) The calendar dates and times your unit deviated from 

the emission limitations or operating limit requirements. 

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

(c) Duration and causes of the following: 

(1) Each deviation from emission limitations or operating 

limits and your corrective actions. 

(2) Bypass events and your corrective actions. 

(d) A copy of the operating limit monitoring data during 

each deviation and any test report that documents the emission 

levels. 

§ 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. 
Page 269 of 322 

(iii) The date when you anticipate that a qualified

operator will be available. 

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

weeks that includes the three items in paragraphs (a)(2)(i) 

through (iii) of this section. 

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

qualified operator is accessible. 

(ii) The date when you anticipate that a qualified operator 

will be accessible. 

(iii) Request approval from the Administrator to continue 

operation of the CISWI unit. 

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

the provisions of §60.2665(b)(2), due to a failure to provide an 

accessible qualified operator, you must notify the Administrator 

that you are resuming operation once a qualified operator is 

accessible. 

§ 60.2790 Are there any other notifications or reports that I 

must submit?

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

§60.7. 

(b) If you cease combusting solid waste but continue to 

operate, you must provide 30 days prior notice of the effective 

date of the waste-to-fuel switch, consistent with §60.2710(a). 

The notification must identify: 
Page 270 of 322 

(1) The name of the owner or operator of the CISWI unit, 

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 unit 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; 

(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. 

§ 60.2795 In what form can I submit my reports?

(a) Submit initial, annual, and deviation reports 

electronically or in paper format, postmarked on or before the 

submittal due dates. 

(b) After December 31, 2011, within 60 days after the date 

of completing each performance evaluation or performance test, 

as they are defined in §63.2, conducted to demonstrate 
Page 271 of 322 

compliance with this subpart, the owner or operator of the 

affected facility must submit the relative accuracy test audit

data and performance test data, except opacity data, to EPA by 

successfully submitting the data electronically to EPA’s Central 

Data Exchange (CDX) by using the Electronic Reporting Tool (ERT) 

(see http://www.epa.gov/ttn/chief/ert/ert_tool.html/). 

§(b) Submit results of performance tests and CEMS 

performance evaluation tests as follows. 

(1) Within 60 days after the date of completing each 

performance test as required by this subpart, you must submit 

the results of the performance tests required by this subpart to 

EPA’s WebFIRE database by using the Compliance and Emissions 

Data Reporting Interface (CEDRI) that is accessed through EPA’s 

Central Data Exchange (CDX)(www.epa.gov/cdx). Performance test 

data must be submitted in the file format generated through use

of EPA’s Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/index.html). Only data 

collected using test methods on the ERT website are subject to 

this requirement for submitting reports electronically to 

WebFIRE. Owners or operators who claim that some of the 

information being submitted for performance tests is 

confidential business information (CBI) must submit a complete 

ERT file including information claimed to be CBI on a compact 

disk, flash drive, or other commonly used electronic storage 
Page 272 of 322 

media to EPA. The electronic media must be clearly marked as CBI 

and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 

Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. 

The same ERT file with the CBI omitted must be submitted to EPA 

via CDX as described earlier in this paragraph. At the 

discretion of the delegated authority, you must also submit 

these reports, including the confidential business information, 

to the delegated authority in the format specified by the 

delegated authority. For any performance test conducted using 

test methods that are not listed on the ERT website, the owner 

or operator shall submit the results of the performance test in 

paper submissions to the Administrator.

(2) Within 60 days after the date of completing each CEMS 

performance evaluation test, as defined in this subpart and 

required by this subpart, you must submit the relative accuracy 

test audit (RATA) data electronically into EPA’s Central Data 

Exchange by using CEDRI as mentioned in paragraph (b)(1) of this 

section. Only RATA pollutants that can be documented with the 

ERT (as listed on the ERT website) are subject to this 

requirement. For any performance evaluations with no 

corresponding RATA pollutants listed on the ERT website, the 

owner or operator shall submit the results of the performance 

evaluation in paper submissions to the Administrator.

§ 60.2800 Can reporting dates be changed?
Page 273 of 322 

If the Administrator agrees, you may change the semiannual 

or annual reporting dates. See §60.19(c) for procedures to seek 

approval to change your reporting date. 

Model Rule—Title V Operating Permits 

§ 60.2805 Am I required to apply for and obtain a title V 

operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator 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 

§ 60.2810 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully 

projecting a curtain of air across an open chamber or open pit 

in which combustion occurs. Incinerators of this type can be 

constructed above or below ground and with or without refractory 

walls and floor. (Air curtain incinerators are not to be 

confused with conventional combustion devices with enclosed 

fireboxes and controlled air technology such as mass burn, 

modular, and fluidized bed combustors.) 

(b) Air curtain incinerators that burn only the materials 

listed in paragraphs (b)(1) through (3) of this section are only 

required to meet the requirements under “Air Curtain 

Incinerators” (§§60.2810 through 60.2870). 

(1) 100 percent wood waste. 
Page 274 of 322 

(2) 100 percent clean lumber. 

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

and/or yard waste. 

§ 60.2815 What are my requirements for meeting increments of 

progress and achieving final compliance?

If you plan to achieve compliance more than 1 year 

following the effective date of State plan approval, you must 

meet the two increments of progress specified in paragraphs (a) 

and (b) of this section. 

(a) Submit a final control plan. 

(b) Achieve final compliance. 

§ 60.2820 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for each 

of the increments of progress. 

§ 60.2825 What must I include in the notifications of 

achievement of increments of progress?

Your notification of achievement of increments of progress 

must include the three items described in paragraphs (a) through 

(c) of this section. 

(a) Notification that the increment of progress has been 

achieved. 

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

of progress (see §60.2840). 

(c) Signature of the owner or operator of the incinerator. 
Page 275 of 322 

§ 60.2830 When must I submit the notifications of achievement of 

increments of progress?

Notifications for achieving increments of progress must be 

postmarked no later than 10 business days after the compliance 

date for the increment. 

§ 60.2835 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must 

submit a notification to the Administrator postmarked within 10 

business days after the date for that increment of progress in 

table 1 of this subpart. You must inform the Administrator that 

you did not meet the increment, and you must continue to submit 

reports each subsequent calendar month until the increment of 

progress is met. 

§ 60.2840 How do I comply with the increment of progress for 

submittal of a control plan?

For your control plan increment of progress, you must 

satisfy the two requirements specified in paragraphs (a) and (b) 

of this section. 

(a) Submit the final control plan, including a description 

of any devices for air pollution control and any process changes 

that you will use to comply with the emission limitations and 

other requirements of this subpart. 

(b) Maintain an onsite copy of the final control plan. 
Page 276 of 322 

§ 60.2845 How do I comply with the increment of progress for 

achieving final compliance?

For the final compliance increment of progress, you must 

complete all process changes and retrofit construction of 

control devices, as specified in the final control plan, so 

that, if the affected incinerator is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed. 

§ 60.2850 What must I do if I close my air curtain incinerator 

and then restart it?

(a) If you close your incinerator but will reopen it prior 

to the final compliance date in your State plan, you must meet 

the increments of progress specified in §60.2815. 

(b) If you close your incinerator but will restart it after 

your final compliance date, you must complete emission control 

retrofits and meet the emission limitations on the date your 

incinerator restarts operation. 

§ 60.2855 What must I do if I plan to permanently close my air 

curtain incinerator and not restart it?

If you plan to close your incinerator rather than comply 

with the State plan, submit a closure notification, including 

the date of closure, to the Administrator by the date your final 

control plan is due. 
Page 277 of 322 

§ 60.2860 What are the emission limitations for air curtain 

incinerators?

After the date the initial stack test is required or 

completed (whichever is earlier), you must meet the limitations 

in paragraphs (a) and (b) of this section. 

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

opacity (as determined by the average of three 1-hour blocks 

consisting of ten 6-minute average opacity values), except as 

described in paragraph (b) of this section. 

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

opacity (as determined by the average of three 1-hour blocks 

consisting of ten 6-minute average opacity values) during the 

startup period that is within the first 30 minutes of operation. 

§ 60.2865 How must I monitor opacity for air curtain 

incinerators?

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

compliance with the opacity limitation. 

(b) Conduct an initial test for opacity as specified in 

§60.8 no later than 180 days after your final compliance date. 

(c) After the initial test for opacity, conduct annual 

tests no more than 12 calendar months following the date of your 

previous test. 

§ 60.2870 What are the recordkeeping and reporting requirements 

for air curtain incinerators?
Page 278 of 322 

(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 air 

curtain incinerator. 

(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. 

(e) Submit initial and annual opacity test reports as 

electronic or paper copy on or before the applicable submittal 

date and keep a copy onsite for a period of 5 years. 

Model Rule—Definitions 

§ 60.2875 What definitions must I know?

Terms used but not defined in this subpart are defined in 

the Clean Air Act and subparts A and B of this part. 
Page 279 of 322 

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. 

Affirmative defense means, in the context of an enforcement 

proceeding, a response or defense put forward by a defendant, 

regarding which the defendant has the burden of proof, and the 

merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding. 

Air curtain incinerator means an incinerator that operates 

by forcefully projecting a curtain of air across an open chamber 

or pit in which combustion occurs. Incinerators of this type can 

be constructed above or below ground and with or without 

refractory walls and floor. (Air curtain incinerators are not to 

be confused with conventional combustion devices with enclosed 

fireboxes and controlled air technology such as mass burn, 

modular, and fluidized bed combustors.) 

Annual heat input means the heat input for the 12 months 

preceding the compliance demonstration.
Page 280 of 322 

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. 
Page 281 of 322 

CEMS data during startup and shutdown means the following:

(1) For incinerators, small remote incinerators, and energy 

recovery units: CEMS data collected during the first hours of 

operation of a CISWI unit 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 unit 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 waste-burning kilns: CEMS data collected during the 

periods of kiln operation that do not include normal operations. 

Startup begins when the kiln’s induced fan is turned on and 

continues until continuous feed is introduced into the kiln, at 

which time the kiln is in normal operating mode. Shutdown begins 

when feed to the kiln is halted.

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 
Page 282 of 322 

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. 

(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. 
Page 283 of 322 

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 (CISWI) 

unit means any distinct operating unit of any commercial or 

industrial facility that combusts, or has combusted in the 

preceding 6 months, any solid waste as that term is defined in 

40 CFR part 241. If the operating unit burns materials other 

than traditional fuels as defined in §241.2 that have been 

discarded, and you do not keep and produce records as required 

by §60.2740(u), the material is a solid waste and the operating 

unit is a CISWI unit. While not all CISWI units will include all 

of the following components, a CISWI unit includes, but is not 

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

system, waste heat recovery equipment, if any, and bottom ash 

system. The CISWI unit does not include air pollution control 

equipment or the stack. The CISWI unit boundary starts at the 

solid waste hopper (if applicable) and extends through two 

areas: the combustion unit flue gas system, which ends 

immediately after the last combustion chamber or after the waste 

heat recovery equipment, if any; and the combustion unit bottom 
Page 284 of 322 

ash system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. The CISWI 

unit includes all ash handling systems connected to the bottom 

ash handling system.

Contained gaseous material means gases that are in a 

container when that container is combusted.

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 burner means a combustion device for 

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

The device consists of a lid, which fits onto and encloses the 

drum, and a blower that forces combustion air into the drum in a 

cyclonic manner to enhance the mixing of waste material and air. 

A cyclonic burn barrel is not an incinerator, a waste-burning 
Page 285 of 322 

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. 

(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 
Page 286 of 322 

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 under 

Resource Conservation and Recovery Act in 40 CFR 240241) 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 and at 

least 10 percent, 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. 
Page 287 of 322 

Energy recovery unit designed to burn liquid waste 

materialmaterials 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. 

Homogeneous wastes are stable, consistent in formulation, 

have known fuel properties, have a defined origin, have 

predictable chemical and physical attributes, and result in 

consistent combustion characteristics and have a consistent 

emissions profile. 

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 thethat term is defined by the 

Administrator under Resource Conservation and Recovery Act in 40 

CFR 240241) for the purpose of reducing the volume of the waste 
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by removing combustible matter. Incinerator designs include 

single chamber and two-chamber. 

Kiln means an oven or furnace, including any associated

preheater or precalciner devices, used for processing a 

substance by burning, firing or drying. Kilns include cement 

kilns that produce clinker by heating limestone and other 

materials for subsequent production of Portland Cement. 

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 by-product material as defined by the 

Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)). 
Page 289 of 322 

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 from the pressure drop and liquid flow 

rate monitors during the most recent particulate matter or 

mercury performance test demonstrating compliance with the 

applicable emission limits. 

Modification or modified CISWI unit means a CISWI unit that 

has been changed later than June 1, 2001,[THE DATE SIX MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER],

and that meets one of two criteria: 

(1) The cumulative cost of the changes over the life of the 

unit exceeds 50 percent of the original cost of building and 

installing the CISWI unit (not including the cost of land) 

updated to current costs (current dollars). To determine what 

systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit. 

(2) Any physical change in the CISWI unit or change in the 

method of operating it that increases the amount of any air 
Page 290 of 322 

pollutant emitted for which Clean Air Act 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. 
Page 291 of 322 

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 unit. 

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 

hwar, 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. 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.

Part reclamation unit means a unit that burns coatings off 

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

reconditioned and reused. 

Particulate matter means total particulate matter emitted 

from CISWI units as measured by Method 5 or Method 29 of 

appendix A of this part. 

Pathological waste means waste material consisting of only 

human or animal remains, anatomical parts, and/or tissue, the 
Page 292 of 322 

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 a significant permit revision, but 

only with respectany of the following physical or operational 

changes:

(1) A physical change (maintenance activities excluded) to 

those the CISWI unit which results in anmay increase of the 

emission rate of any air pollutant-specific emission units for

to which a standard applies;

(2) An operational change to the proposed permit 

revisionCISWI unit which results in an increase of the emission 

rate of any air pollutant to which the standard applies (e.g. 

where a new type of non-hazardous secondary material is 

applicable, including but not limited to a change inbeing 

combusted);
Page 293 of 322 

(3) A physical change (maintenance activities excluded) to 

the air pollution control devices used to comply with the 

emission limits for the CISWI unit (e.g., replacing an 

electrostatic precipitator with a fabric filter);

(4) An operational change to the air pollution control 

devices used to comply with the emission limits for the affected 

CISWI unit (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 andor tube mill, vertical roller mill 

or other size reduction equipment, that is not part of an inline kiln/raw mill, used to grind feed to the appropriate size. 

Moisture may be added or removed from the feed during the 

grinding operation. If the raw mill is used to remove moisture 

from feed materials, it is also, by definition, a raw material 

dryer. The raw mill also includes the air separator associated 

with the raw mill. 

Reconstruction means rebuilding a CISWI unit and meeting 

two criteria: 

(1) The reconstruction begins on or after June 1, 2001. 
Page 294 of 322 

(2) The cumulative cost of the construction over the life 

of the incineration unit exceeds 50 percent of the original cost 

of building and installing the CISWI unit (not including land) 

updated to current costs (current dollars). To determine what 

systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit. 

Refuse-derived fuel means a type of municipal solid waste 

produced by processing municipal solid waste through shredding 

and size classification. This includes all classes of refusederived fuel including two fuels: 

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

refuse-derived fuel. 

(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:
Page 295 of 322 

(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 the period of time after all waste has been 

combusted in the primary chamber. 
Page 296 of 322 

Small, remote incinerator means an incinerator that 

combusts solid waste (as that term is defined by the 

Administrator under RCRA in 40 CFR 240241) 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 treatement 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 under the Resource 

Conservation and Recovery Act in 40 CFR part 240) waste241)

material from commercial or industrial establishments or the 

general public (including single and multiple residences, hotels 

and motels). Such term does not include incinerators or other 

units required to have a permit under section 3005 of the Solid 

Waste Disposal Act. The term "solid waste incineration unit" 

does not include (A) materials1) Materials recovery facilities 

(including primary or secondary smelters) which combust waste 
Page 297 of 322 

for the primary purpose of recovering metals, (B) qualifying; 

(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 (C) air3) 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 usually portable appliance for 

heatingunit 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 relatively small area, remote 

incinerator under this subpart. 

Standard conditions, when referring to units of measure, 

means a temperature of 68 °F (20 °C) and a pressure of 1 

atmosphere (101.3 kilopascals). 
Page 298 of 322 

Startup period means the period of time between the 

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

Waste-burning kiln means a kiln that is heated, in whole or 

in part, by combusting solid waste (as the term is defined by 

the Administrator under the Resource Conservation and Recovery 

Act pursuant to 40 CFR 240).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 utilizesuses an aqueous or alkaline scrubbing liquor to 

collect particulate matter (including nonvaporous metals and 

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

Wood waste means untreated wood and untreated wood 

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

limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, 

millings, and shavings. Wood waste does not include: 

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

from bushes and shrubs from residential, commercial/retail, 

institutional, or industrial sources as part of maintaining 

yards or other private or public lands. 

(2) Construction, renovation, or demolition wastes.

(3) Clean lumber.
Page 299 of 322 

Table 1 to Subpart DDDD of Part 60—Model Rule—Increments of 

Progress and Compliance Schedules 

Comply with these increments of 

progress By these datesa

Increment 1—Submit final control 

plan 

(Dates to be specified in state 

plan) 

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

plan)b

aSitea Site-specific schedules can be used at the discretion of 

the state. 

bTheb The date can be no later than 3 years after the effective 

date of state plan approval or December 1, 2005 for CISWI units 

that commenced construction on or before November 30, 1999. The 

date can be no later than 3 years after the effective date of 

approval of a revised state plan or [THE DATE 5 YEARS AFTER THE 

DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] 

for CISWI units that commenced construction on or before June 4, 

2010. For small remote incinerators, the date can be no later 

than 3 years after the effective date of approval of a revised 

state plan or March 21, 2016 for small remote incinerator CISWI 

units that commenced construction on or before June 4, 2010.

Table 2 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Incinerators Before [Date to be 

specified in state plan]b. 

For the air 

pollutant 

You must 

meet this 

emission 

limitationa

Using this 

averaging time 

And determining 

compliance using 

this method 

Cadmium 0.004 

milligrams 

per dry 

standard 

cubic meter 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 29 of 

appendix A of this 

part) 

Carbon monoxide 157 parts 

per million 

by dry 

volume 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 10, 10A, 

or 10B, of 

appendix A of this 

part) 
Page 300 of 322 

For the air 

pollutant

You must 

meet this 

emission 

limitationa

Using this 

averaging time

And determining 

compliance using 

this method

Dioxins/furans 

(toxic 

equivalency 

basis) 

0.41 

nanograms 

per dry 

standard 

cubic meter 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 23 of 

appendix A of this 

part) 

Hydrogen 

chloride 

62 parts per 

million by 

dry volume 

3-run average 

(For Method 26, 

collect a minimum 

volume of 60120

liters per run. 

For Method 26A, 

collect a minimum 

volume of 1 dry 

standard cubic 

meter per run) 

Performance test 

(Method 26 or 26A 

at 40 CFR part 60, 

appendix A-8) 

Lead 0.04 

milligrams 

per dry 

standard 

cubic meter 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 29 of 

appendix A of this 

part) 

Mercury 0.47 

milligrams 

per dry 

standard 

cubic meter 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 29 or 30B 

at 40 CFR part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 2008)c

Opacity 10 percent Three 1-hour 

blocks consisting 

of ten 6-minute 

average opacity 

values 

Performance test 

(Method 9 at 40 

CFR part 60, 

appendix A-4)).

Oxides of 

nitrogen 

388 parts 

per million 

by dry 

volume 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Methods 7or 7E at 

40 CFR part 60, 

appendix A-4). Use 

a span gas with a 

concentration of 

800 ppm or less.).
Page 301 of 322 

For the air 

pollutant

You must 

meet this 

emission 

limitationa

Using this 

averaging time

And determining 

compliance using 

this method

Particulate 

matter 

70 

milligrams 

per dry 

standard 

cubic meter 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 5 or 29 of 

appendix A of this 

part) 

Sulfur dioxide 20 parts per 

million by 

dry volume 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 6 or 6c of 

appendix A of this 

part) 

aAlla All emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions. 

bTheb 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 [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER]. 

c Incorporated by reference, see §60.17. 
Page 302 of 322 

Table 3 to Subpart DDDD of Part 60—Model Rule—Operating Limits 

for Wet Scrubbers 

For these 

operating 

parameters 

You must 

establish 

these 

operating 

limits 

And monitor using these minimum 

frequencies 

Data 

measurement

Data 

recording Averaging time 

Charge rate Maximum 

charge rate

Continuous Every 

hour 

Daily (batch 

units). 3-hour 

rolling 

(continuous and 

intermittent 

units)a 

Pressure drop 

across the wet 

scrubber or 

amperage to 

wet scrubber 

Minimum 

pressure 

drop or 

amperage 

Continuous Every 15 

minutes 

3-hour rollinga 

Scrubber 

liquor flow 

rate 

Minimum 

flow rate 

Continuous Every 15 

minutes 

3-hour rollinga

Scrubber 

liquor pH 

Minimum pH Continuous Every 15 

minutes 

3-hour rollinga

aCalculated each hour as the average of the previous 3 operating 

hours. 

Table 4 to Subpart DDDD of Part 60—Model Rule—Toxic Equivalency 

Factors 

Dioxin/furan isomer 

Toxic equivalency 

factor 

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

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

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

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

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

1,2,3,4,6,7,8-heptachlorinated dibenzo-p- 0.01
Page 303 of 322 

Dioxin/furan isomer 

Toxic equivalency 

factor 

dioxin 

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

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

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

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1

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

2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1

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

dibenzofuran 

0.01

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

dibenzofuran 

0.01

octachlorinated dibenzofuran 0.001

Table 5 to Subpart DDDD of Part 60—Model Rule—Summary of 

Reporting Requirementsa 

Report Due date Contents Reference 

Waste 

Management 

Plan 

No later than the 

date specified in 

table 1 for 

submittal of the 

final control 

plan 

Waste management plan§60.2755. 

Initial Test 

Report 

No later than 60 

days following 

the initial 

performance test 

Complete test report 

for the initial 

performance test 

The values for the 

site-specific 

operating limits 

• Installation of bag 

leak detection 

systems for fabric 

filters 

§60.2760. 
Page 304 of 322 

Report Due date Contents Reference 

Annual Report No later than 12 

months following 

the submission of 

the initial test 

report. 

Subsequent 

reports are to be 

submitted no more 

than 12 months 

following the 

previous report 

Name and address 

Statement and 

signature by 

responsible 

official 

Date of report 

Values for the 

operating limits 

Highest recorded 3-

hour average and 

the lowest 3-hour 

average, as 

applicable, for 

each operating 

parameter recorded 

for the calendar 

year being 

reported

If a performance test 

was conducted 

during the 

reporting period, 

the results of the 

test 

If a performance test 

was not conducted 

during the 

reporting period, 

a statement that 

the requirements 

of §60.2720(a) or 

(b) were met 

Documentation of 

periods when all 

qualified CISWI 

unit operators 

were unavailable 

for more than 8 

hours but less 

than 2 weeks 

If you are conducting 

performance tests 

once every 3 years 

consistent with 

§60.2720(a), the 

date of the last 2 

performance tests, 

§§60.2765 and 

60.2770. 
Page 305 of 322 

Report Due date Contents Reference 

a comparison of 

the emission level 

you achieved in 

the last 2 

performance tests 

to the 75 percent 

emission limit 

threshold required 

in §60.2720(a) and 

a statement as to 

whether there have 

been any 

operational 

changes since the 

last performance 

test that could 

increase 

emissions. 

Emission 

limitation or 

operating 

limit 

deviation 

report 

By August 1 of 

that year for 

data collected 

during the first 

half of the 

calendar year. By 

February 1 of the 

following year 

for data 

collected during 

the second half 

of the calendar 

year 

Dates and times of 

deviation 

Averaged and recorded 

data for those 

dates 

Duration and causes 

of each deviation 

and the corrective 

actions taken 

Copy of operating 

limit monitoring 

data and any test 

reports 

Dates, times, and 

causes for monitor 

downtime incidents

§§60.2775 and 

60.2780. 

Qualified 

Operator 

Deviation 

Notification 

Within 10 days of 

deviation 

Statement of cause of 

deviation 

Description of 

efforts to have an 

accessible 

qualified operator

The date a qualified 

operator will be 

accessible 

§60.2785(a)(1). 

Qualified 

Operator 

Every 4 weeks 

following 

Description of 

efforts to have an 

§60.2785(a)(2). 
Page 306 of 322 

Report Due date Contents Reference 

Deviation 

Status Report 

deviation accessible 

qualified operator

The date a qualified 

operator will be 

accessible 

Request for approval 

to continue 

operation 

Qualified 

Operator 

Deviation 

Notification 

of Resumed 

Operation 

Prior to resuming 

operation 

Notification that you 

are resuming 

operation 

§60.2785(b) 

a 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]a

For the air 

pollutant 

You must 

meet this 

emission 

limitationb

Using this 

averaging time 

And determining 

compliance using 

this method 

Cadmium 0.0026 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters) 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). Use 

ICPMS for the 

analytical finish. 
Page 307 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationb

Using this 

averaging time 

And determining 

compliance using 

this method 

Carbon 

monoxide 

3617 parts 

per million 

dry volume 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4). Use 

a maximum allowable 

drift of 0.2 ppm 

and a span gas with 

a CO concentration 

of 75 ppm or less. 

The span gas must 

contain 

approximately the 

same concentration 

of CO2 expected 

from the source.

Dioxins/furans 

(total mass 

basis) 

4.6 

nanograms 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters) 

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 

Dioxins/furans 

(toxic 

equivalency 

basis) 

0.13 

nanograms 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters) 

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 

Hydrogen 

chloride 

29 parts per 

million dry 

volume 

3-run average 

(For Method 26, 

collect a minimum 

volume of 60 

liters per run. 

For Method 26A, 

collect a minimum 

volume of 1 dry 

standard cubic 

meter per run) 

Performance test 

(Method 26 or 26A 

at 40 CFR part 60, 

appendix A-8). 
Page 308 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationb

Using this 

averaging time 

And determining 

compliance using 

this method 

Lead 0.0036015

milligrams 

per dry 

standard 

cubic 

metermeterc

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters) 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). Use 

ICPMS for the 

analytical finish. 

Mercury 0.0054 0048

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(For Method 29 an 

ASTM D6784-02 

(Reapproved 

2008)bd, collect 

a minimum volume 

of 2 dry standard 

cubic meters per 

run. For Method 

30B, collect a 

minimum sample as 

specified in 

Method 30B at 40 

CFR part 60, 

appendix A) 

Performance test 

(Method 29 or 30B 

at 40 CFR part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 

2008)cd. 

Oxides of 

nitrogen 

53 parts per 

million dry 

volume 

3-run average 

(for Method 7E, 1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 7 or 7E at 

40 CFR part 60, 

appendix A-4). Use 

a span gas with a 

concentration of 

100 ppm or less.

Particulate 

matter 

filterable 

34 

milligrams 

per dry 

standard 

cubic meter 

3-run average 

(collect a 

minimum volume of 

1 dry standard 

cubic meter) 

Performance test 

(Method 5 or 29 at 

40 CFR part 60, 

appendix A-3 or 

appendix A-8). 
Page 309 of 322 

For the air 

pollutant 

You must 

meet this 

emission 

limitationb

Using this 

averaging time 

And determining 

compliance using 

this method 

Sulfur dioxide 11 parts per 

million dry 

volume 

3-run average (1 

hour minimum 

sample time per 

run) 

Performance test 

(Method 6 or 6C6c

at 40 CFR part 60, 

appendix A-4). Use 

a maximum allowable 

drift of 0.2 ppm 

and a span gas with 

concentration of 20 

ppm or less.. 

Fugitive ash Visible 

emissions 

for no more 

than 5% of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods 

Visible emission 

test (Method 22 at 

40 CFR part 60, 

appendix A-7). 

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

THE FEDERAL REGISTER]. 

b 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. 

cc If you are conducting stack tests to demonstrate compliance 

and your performance tests for this pollutant for at least 2 

consecutive years show that your emissions are at or below this 

limit, you can skip testing according to §60.2720 if all of the 

other provision of §60.2720 are met. For all other pollutants 

that do not contain a footnote “c”, your performance tests for 

this pollutant for at least 2 consecutive years must show that 

your emissions are at or 75 percent of this limit in order to 

qualify for skip testing.

d Incorporated by reference, see §60.17.
Page 310 of 322 

Table 7 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Energy Recovery Units After May 20, 

2011[THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER]Date to be specified in state plan]a

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb Using this 

averaging 

time 

And determining 

compliance using 

Liquid/Gas Solids this method 

Cadmium 0.023 

milligrams 

per dry 

standard 

cubic meter

Biomass -

0.00051001

4

milligrams 

per dry 

standard 

cubic 

metermeter

c

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for 

the analytical 

finish. 

Coal -

0.058095

milligrams 

per dry 

standard 

cubic 

meter

Carbon 

monoxide 

3635 parts 

per million 

dry volume 

Biomass – 

490260

parts per 

million 

dry volume

3-run average 

(1 hour 

minimum 

sample time 

per run) 

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4). 

Use a span gas 

with a 

concentration of 

100 ppm or less 

for liquid/gas 

boilers and 

coal-fed 

boilers. Use a 

span gas with a 

concentration of 

1000 ppm or less 

for biomass-fed 

boilers.

Coal –59

95 parts 

per 

million 

dry volume
Page 311 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb Using this 

averaging 

time 

And determining 

compliance using 

Liquid/Gas Solids this method 

Dioxins/ 

furans 

(total mass 

basis) 

2.9 

nanograms 

per dry 

standard 

cubic meter

Biomass -

0.3552

nanograms 

per dry 

standard 

cubic 

metermeter

c

3-run average 

(collect a 

minimum 

volume of 14

dry standard 

cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 

Coal -

0.515.1

nanograms 

per dry 

standard 

cubic 

meterc

Dioxins/ 

furans 

(toxic 

equivalency 

basis) 

0.32 

nanograms 

per dry 

standard 

cubic meter

Biomass -

0.05912

nanograms 

per dry 

standard 

cubic 

meter 

3-run average 

(collect a 

minimum 

volume of 14

dry standard 

cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7). 

Coal -

0.075 

nanograms 

per dry 

standard 

cubic 

meterc

Hydrogen 

chloride 

14 parts 

per million 

dry volume 

Biomass -

0.4520

parts per 

million 

dry volume

3-run average 

(for Method 

26, collect a 

minimum of 

120 liters; 

for Method 

Performance test 

(Method 26 or 

26A at 40 CFR 

part 60, 

appendix A-8). 
Page 312 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb Using this 

averaging 

time 

And determining 

compliance using 

Liquid/Gas Solids this method 

Coal – 

1321 parts 

per 

million 

dry volume

26A, collect 

a minimum 

volume of 1 

dry standard 

cubic meters) 

Lead 0.096 

milligrams 

per dry 

standard 

cubic meter

Biomass -

0.0036014

milligrams 

per dry 

standard 

cubic 

metermeter

c

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters) 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for 

the analytical 

finish. 

Coal -

0.01314

milligrams 

per dry 

standard 

cubic 

meterc

Mercury 0.001303100

24

milligrams 

per dry 

standard 

cubic meter

Biomass -

0.00033002

2

milligrams 

per dry 

standard 

cubic 

meter 

3-run average 

(For Method 

29 and ASTM 

D6784-02 

(Reapproved 

2008)bd, 

collect a 

minimum 

volume of 2 

dry standard 

Performance test 

(Method 29 or 

30B at 40 CFR 

part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 

2008)bd. 
Page 313 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb Using this 

averaging 

time 

And determining 

compliance using 

Liquid/Gas Solids this method 

Coal -

0.0028016

milligrams 

per dry 

standard 

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) 

Oxides of 

nitrogen 

76 parts 

per million 

dry volume 

Biomass – 

290 parts 

per 

million 

dry volume

3-run average 

(for Method 

7E, 1 hour 

minimum 

sample time 

per run) 

Performance test 

(Method 7 or 7E 

at 40 CFR part 

60, appendix A4). Use a span 

gas with a 

concentration of 

150 ppm or less 

for liquid/gas 

fuel boilers. 

Use a span gas 

with a 

concentration of 

700 ppm or less

for solid fuel 

boilers.

Coal – 340 

parts per 

million 

dry volume
Page 314 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb Using this 

averaging 

time 

And determining 

compliance using 

Liquid/Gas Solids this method 

Particulate 

matter 

filterable 

110 

milligrams 

per dry 

standard 

cubic meter

250Biomass 

- 11

milligrams 

per dry 

standard 

cubic 

meter or 

30-day 

rolling 

average if 

PM CEMS is 

required 

or being 

used

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter) 

Performance test 

(Method 5 or 29 

at 40 CFR part 

60, appendix A-3 

or appendix A-8) 

if the unit has 

a design 

capacityan 

annual average 

heat input rate

less than or 

equal to 250 

MMBtu/hr; or PM 

CEMS 

(performance 

specification 11 

of appendix B of 

this part)CPMS 

(as specified in 

§60.2710(x)) if 

the unit has a 

design 

capacityan 

annual average 

heat input rate

greater than 250 

MMBtu/hr. Use 

Method 5 or 5I 

of Appendix A of 

this part and 

collect a 

minimum sample 

volume of 1 dscm 

for the PM CEMS 

correlation 

testing.

Coal -

75160

milligrams 

per dry 

standard 

cubic 

meter
Page 315 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb Using this 

averaging 

time 

And determining 

compliance using 

Liquid/Gas Solids this method 

Sulfur 

dioxide 

720 parts 

per million 

dry volume 

Biomass – 

6.27.3

parts per 

million 

dry volume

3-run average 

(1 hour 

minimum 

sample time 

per run) 

Performance test 

(Method 6 or 6c 

at 40 CFR part 

60, appendix A4).) Use a span 

gas with a 

concentration of 

20 ppm or less 

for biomass-fed 

boilers. Use a 

span gas with a 

concentration of 

1500 ppm or less 

for liquid/gas 

and coal-fed 

boilers.. 

Coal – 650 

parts per 

million 

dry volume

Fugitive 

ash 

Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Visible 

emissions 

for no 

more than 

5 percent 

of the 

hourly 

observatio

n period 

Three 1-hour 

observation 

periods 

Visible emission 

test (Method 22 

at 40 CFR part 

60, appendix A7). 

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

THE FEDERAL REGISTER]

b 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. 

bc If you are conducting stack tests to demonstrate compliance 

and your performance tests for this pollutant for at least 2 

consecutive years show that your emissions are at or below this 

limit, you can skip testing according to §60.2720 if all of the 

other provision of §60.2720 are met. For all other pollutants 

that do not contain a footnote “c”, your performance tests for 
Page 316 of 322 

this pollutant for at least 2 consecutive years must show that 

your emissions are at or 75 percent of this limit in order to 

qualify for skip testing, with the exception of annual 

performance tests to certify a CEMS or PM CPMS.

d Incorporated by reference, see §60.17. 

Table 8 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Waste-burning Kilns After [THE DATE OF 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]Date to be 

specified in state plan]a

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And determining

compliance 

using this 

method 

Cadmium 0.000480014 milligrams 

per dry standard cubic 

metermeterc

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters) 

Performance 

test (Method 29 

at 40 CFR part 

60, appendix A8). 

Carbon 

monoxide 

110parts110 (long 

kilns) / 790

(preheater / 

precalciner) parts per 

million dry volume 

3-run average 

(1 hour 

minimum 

sample time 

per run) 

Performance 

test (Method 10 

at 40 CFR part 

60, appendix A4). Use a span 

gas with a 

concentration 

of 200 ppm or 

less.

Dioxins/furans 

(total mass 

basis) 

0.021.3 nanograms per 

dry standard cubic 

metermeterc

3-run average 

(collect a 

minimum 

volume of 41

dry standard 

cubic 

metermeters) 

Performance 

test (Method 23 

at 40 CFR part 

60, appendix A7). 

Dioxins/furans 

(toxic 

equivalency 

basis) 

0.0070075 nanograms 

per dry standard cubic 

metermeterc

3-run average 

(collect a 

minimum 

volume of 1 4

dry standard 

cubic meters)

Performance 

test (Method 23 

at 40 CFR part 

60, appendix A7). 
Page 317 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And determining

compliance 

using this 

method 

Hydrogen 

chloride 

253.0 parts per 

million dry 

volumevolumec

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter) 

or 30-day 

rolling 

average if 

HCl CEMS is 

being used 

Performance 

test (Method 

321 at 40 CFR 

part 63, 

appendix A of 

this part) or 

HCl CEMS if a 

wet scrubber is 

not used. 

Lead 0.0026014 milligrams 

per dry standard cubic 

metermeterc

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters)

Performance 

test (Method 29 

at 40 CFR part 

60, appendix A8). 

Mercury 0.0079011 milligrams 

per dry standard cubic 

meter 

30-day 

rolling 

average 

Mercury CEMS or 

sorbent trap 

monitoring 

system 

(performance 

specification 

12A or 12B, 

respectively, 

of appendix B 

of this 

part)..)

Oxides of 

nitrogen 

540630 parts per 

million dry volume 

3-run average 

(for Method 

7E, 1 hour 

minimum 

sample time 

per run) 

Performance 

test (Method 7 

or 7E at 40 CFR 

part 60, 

appendix A-4).

Use a span gas 

with a 

concentration 

of 1000 ppm or 

less.
Page 318 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And determining

compliance 

using this 

method 

Particulate 

matter 

filterable 

6.24.62.7 milligrams 

per dry standard cubic 

meter 

30-day 

rolling 

average 

PM CEMS 

(performance 

specification 

11 of appendix 

B of this part; 

Use Method 5 or 

5I of Appendix 

A of this part 

and collect a 

minimum sample 

volume of 2 

dscm for the PM 

CEMS 

correlation 

testing.)PM 

CPMS (as 

specified in 

§60.2710(x))

Sulfur dioxide 38600 parts per 

million dry volume 

3-run average 

(for Method 

6, collect a 

minimum of 20 

liters; for 

Method 6C, 1 

hour minimum 

sample time 

per run) 

Performance 

test (Method 6 

or 6c at 40 CFR 

part 60, 

appendix A-4). 

Use a span gas 

with a 

concentration 

of 80 ppm or 

less.

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

THE FEDERAL REGISTER]

b 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. 

c If you are conducting stack tests to demonstrate compliance 

and your performance tests for this pollutant for at least 2 

consecutive years show that your emissions are at or below this 

limit, you can skip testing according to §60.2720 if all of the 
Page 319 of 322 

other provision of §60.2720 are met. For all other pollutants 

that do not contain a footnote “c”, your performance tests for 

this pollutant for at least 2 consecutive years must show that 

your emissions are at or 75 percent of this limit in order to 

qualify for skip testing, with the exception of annual 

performance tests to certify a CEMS or PM CPMS..

Table 9 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Small, Remote Incinerators After May 

20, 2011[THE DATE OF PUBLICATION OF THE FINAL RULE IN THE

FEDERAL REGISTER]Date to be specified in state plan]a

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And 

determining 

compliance 

using this 

method 

Cadmium 0.61 95 milligrams per 

dry standard cubic 

meter 

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter) 

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A-8).

Carbon 

monoxide 

206431 parts per 

million dry volume 

3-run average 

(1 hour 

minimum 

sample time 

per run) 

Performance 

test (Method 

10 at 40 CFR 

part 60, 

appendix A-4). 

Use a span gas 

with a 

concentration 

of 50 ppm or 

less.

Dioxins/furans 

(total mass 

basis) 

1,2004,400 nanograms 

per dry standard cubic 

meterb

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meters 

per run) 

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A-7).
Page 320 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And 

determining 

compliance 

using this 

method 

Dioxins/furans 

(toxic 

equivalency 

basis) 

18057 nanograms per 

dry standard cubic 

meterb

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meters)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A-7).

Fugitive ash Visible emissions for 

no more than 5 percent 

of the hourly 

observation period 

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 at 

40 CFR part 

60, appendix 

A-7).

Hydrogen 

chloride 

220 300 parts per 

million dry volume 

3-run average 

(For Method 

26, collect a 

minimum 

volume of 

60120 liters 

per run. For 

Method 26A, 

collect a 

minimum 

volume of 1 

dry standard 

cubic meter 

per run) 

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60, appendix 

A-8). 

Lead 2.17 milligrams per 

dry standard cubic 

meter 

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter) 

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A-8).

Use ICPMS for 

the analytical 

finish.
Page 321 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And 

determining 

compliance 

using this 

method 

Mercury 0.00537 milligrams per 

dry standard cubic 

meter 

3-run average 

(For Method 

29 and ASTM 

D6784-02 

(Reapproved 

2008)bc, 

collect a 

minimum 

volume of 2 

dry standard 

cubic meters 

per run. For 

Method 30B, 

collect a 

minimum 

sample as 

specified in 

Method 30B at 

40 CFR part 

60, appendix 

A) 

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60, appendix 

A-8) or ASTM 

D6784-02 

(Reapproved 

2008)b.

c.

Oxides of 

nitrogen 

240 190 parts per 

million dry volume 

3-run average 

(for Method 

7E, 1 hour 

minimum 

sample time 

per run) 

Performance 

test (Method 7 

or 7E at 40 

CFR part 60, 

appendix A-4). 

Use a span gas 

with a 

concentration 

of 500 ppm or 

less.

Particulate 

matter 

(filterable)

230 270 milligrams per 

dry standard cubic 

meter 

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meters)

Performance 

test (Method 5 

or 29 at 40 

CFR part 60, 

appendix A-3 

or appendix A8). 
Page 322 of 322 

For the air 

pollutant 

You must meet this 

emission 

limitationalimitationb

Using this 

averaging 

time 

And 

determining 

compliance 

using this 

method 

Sulfur dioxide420 150 parts per 

million dry volume 

3-run average 

(for Method 

6, collect a 

minimum of 20 

liters per 

run; for 

Method 6C, 1 

hour minimum 

sample time 

per run) 

Performance 

test (Method 6 

or 6c at 40 

CFR part 60, 

appendix A-4). 

Use a span gas 

with a 

concentration 

of 1000 ppm or 

less.

Fugitive ash Visible emissions for 

no more than 5 percent 

of the hourly 

observation period 

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 at 

40 CFR part 

60, appendix 

A-7).

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

THE FEDERAL REGISTER].

b 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.

bc Incorporated by reference, see §60.17.