{ ' 

' ~ ii. 

COMMONWEALTH OF PUERTO RICO 

OFFICE OF THE GOVERNOR 

ENVIRONMENTAL QUALITY BOARD 

RADICACION 0!.' Rl:'"t.AMEN'fO NU!!VO EN 

BIBLIQTECA UoG!Sl.AriVA 

FECHA:___l_f..__/...f.a...Lr;U_ ________ ~ 

HORA:~- ~· 0 ,P" '("' • . ~ 

RECIBIDOPOR:h~ 

ENTREGAD~ ~­

DEPARIMENT OF SlATE 

Regulation No. 6630 

Date: June4,2003 

Approved: Ferdinand Mercado 

S retary of State 

REGULATION FOR THE CONTROL 

OF ATMOSPHERIC POLLUTION 

(Amendments to Rules 102 and 405) 

2003 'i 
COMMONWEALTH OF PUERTO RICO 

OfFICE OF THE GOVERNOR 

ENVIRONMENTAL QUALITY BOARD 

TITLE OF REGULATION: 

DATE OF APPROVAL: 

AMENDMENTS TO 

REGULATION FOR THE CONTROL OF 

ATMOSPHERIC POLLUTION 

(RULES 102 AND 405) 

APRIL 16, 2003 
~ 9'1i:e~d g=Ub ~ 

§1~dw~ 

~/«an, g=Ub ~ 

9 dejunio de 2003 

Lie. Esteban Mujica Cotto 

Presidente 

JUNTA DE CAUDAD Alv!BIENTAL 

Apartado 11488 

Santurce, Puerto Rico 00910 

Estimado licenciado Mujica Cotto .. 

Tenemos a bien informarle que el 4 dejunio de 2003, qued6 radicado en 

este Departamento, a tenor con las disposiciones de Ia Ley Num. 170 de 12 

de agosto de 1988, segun enmendada, la Enmienda al Reglamento para el 

Control de Ia Contaminacion Atmosfirica (Enmiendas a las Reg/as 102y 

405), versiones al inglisy espaiiol. 

Nos place informarle que a dicho reglamento le correspondi6 el numero 

6630. 

:'ef~W~rktv-Garcia 

Secret ria Auxiliar de Servicios 

GRG/et 

Anejo 

IP.O CBox:_9023271, San.Juan Puerto 'l?jco 00902-32n tel t!Um. 787-723-6785 
COMMONWEALTH OF PUERTO RICO 

OFFICE OF THE GOVERNOR 

ENVIRONMENTAL QUALITY BOARD 

D!Sf" 

Pursuant and in accordance with the Environmental Public Policy Act (Law 

No .. 9 of June 18, 1970, as amended) and the Uniform Administrativa Procedure 

Act (Law No .. 170 of August 12,1988, as amended), the following amendments of 

Rules 102 and 405 of the: 

REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION 

Has been promulgated by Resolution R-03-10-4 of April 16, 2003 to 

adopt the Emission Guidelines for Commercial and Industrial Solid Waste 

Incineration and to promulgate the regulatory provisions to implement the 

emission guidelines .. 

In San Juan, Puerto Rico, Jutle2, 2003 .. 

41~~ lng .. 'Angel 0.. emos Silvestre 

Associate Member 
1. 

2 .. 

3 .. 

4 .. 

5. 

6. 

7.. 

8 .. 

9. 

REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION 

SUPLETORYSHEET 

I itle of Regulation: 

Date of approval: 

Officials whom approved: 

Office where approved: 

Date ofpublic notice: 

Reference of the legal authority 

to promulgate this regulation: 

Regulation Number: 

Date of radication: 

Date of effectiveness: 

Regulation for the Control of Atmospheric 

Pollution (Amendments to Rules 102 and 405) 

Aprill6, 2003 (Resolution R·03-l 0-4) 

EQB Board of Directors composed by: 

Mr .. Esteban Mujica Cotto, Esq .. 

Chairman 

Mrs .. Flordel Valle lopez 

Vice-Chairwoman 

Eng. Angel 0. Berrios Silvestre 

Associate member 

Environmental Quality Board 

of the Commonwealth of Puerto Rico 

December 13, 2002 (I he San Juan Star, 

El Vocero) 

IawNo .. 9 ofJune 18, 1970, as amended 

known as "Public Policy Environmental Act" 

Coi.o'CD 

~0''--~ ' 

[Thirty (30) days after the filing of this 

Regulation in the State Department] 

1 0. Reference to all other Regulations 

w-hich has been arnended or Regulation fOE· the Control of Atmospheric 

derogated by the adoption or Pollution (Regulation No.5300 and 6302) 

promulgation of this regulation: 

CERIIFICAIION 

I, CERTIFY that the procedures followed for the adoption ofthis regulation where accomplished 

in accordance with the Commonwealth of Puerto Rico Uniform Administrative Procedure Act, Law No 

170 of August 12, 1988, as amended, 3 LP.RA.§Il21 et seq aod that the regulation object of this 

Supletory Sheet has been duly reviewed and does not contain substantive, tipographic or cledcal errors. 

~-:>/ e4. ·£. r,u;.:au7 

Secre ary 

Board of Directors 

Environmental Quality Board 

Commonwealth of Puerto Rico 
ESTADO LIBRE ASOCIADO DE PUERTO RICO/OFICINA DE LA GOBERNADORA 

JUNTA DE CALIDAD AMBIENTAL 

CERTIFICACION 

Por la presente, CERTIFICO que las enmiendas a las Reglas 102 y 405 del Reglamento 

para el Control de la Contaminaciiin Atmosferica (version en espailol y en ingles) 

conjuntamente con el Apendice que se acompaila, fueron aprobadas por la Honorable Junta de 

Gobierno de !a Junta de Calidad Ambiental mediante la Resoluci6n R-03-10-4 del 16 de abril de 

2003 y son una copia fie! y exacta de los otiginales radicado en el Depattamento de Estado el 4 

de junio de 2003 A dichas enmiendas del reglamento de referencia se le asign6 el mimero 

6630 

En San Juan, Puerto Rico, hoy I(; dejunio de 2003 .. 

~£~A& E~ FEidfANDEZ 

V~E~RETARlA 

JUNTA DE GOBIERNO 

JUNTA DE CALIDAD AMBIENTAL 

-~ JV'V"/ - - - ~ 

Reclbldo. , .. "-.::::-7 

Eo<"9'~ ::. - -

Fecha: r, / r., /o 3 · 

Hora:- 3; 0 I f· ;n · 

VERDES BOSQUES Y AGUAS CLARAS~ AIRE Y NUBES BLANCA& iCUIDAS LA VIDA SI NO LA CONTAMINAS! 

APARTADO 11488/SAN.JUAN,P.R. 00910 TELEFONO (787) 767-8181 
Rule 102 

Rule405 

405(a) 

405(b) 

405(c) 

405(c)(l) 

405(c)(2) 

405(c)(3) 

405(c)(4) 

405(c)(5) 

405(c)(6) 

405(c)(7) 

405(c)(8) 

405(c)(9) 

405(c)(10) 

405(c)(ll) 

Table of Content 

Definitions 

Incineration 

Requirements for non-hazardous solid waste incinerators 

Emission Guidelines and Compliance Schedules for Hospital/ 

Medical and Infectious Waste Incinerators (HMIWI) 

Emissions Guidelines and Compliances Schedules 

for Commercial and Industiial Solid Waste Incinerators (CIS WI) 

Applicability 

Emissions Limitations and Operating Limits 

Operator Training and Qualification 

Waste Management Plan 

Performance Testing 

Monitoring 

Recordkeeping and Reporting 

Increments of Progress 

Initial Compliance Requirements 

Continuous Compliance Requirements 

Air Curtain Incinerators 

Appendices (for separate) 

Page 

1-6 

1 

2 

2 

2 

6 

10 

14 

14 

17 

18 

24 

26 

27 

28 
RULE 102 DEFINITIONS 

Administrator (For the putpo.se ofRule 40.5( c)) 

Means the Administrator of the U.S .. Environmental Protection Agency (EPA) or his/her authorized 

representative or Administrator of a State Air Pollution Control Agency. 

Agricultural waste 

Means vegetative agricultural materials such as nut and grain hulls and chaff (e.g .. , almond, walnut, 

peanut, rice, and wheat), bagasse, orchard prunings, com stalks, coffee bean hulls and grounds, and 

other vegetative waste materials generated as a result of agricultural operations .. 

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). 

Auxilia~yfuel 

Means natural gas, liquified petroleum gas, fuel oil, or diesel fuel 

Bag leak detection sy.stem 

Means an instmment 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 .. 

Board 

Means the Environmental Quality Board (EQB) of the Commonwealth of Puerto Rico 

Calendat quarter 

Means three consecutive months (nonoverlapping) beginning on: January I. April 1, July 1, or 

October 1 

Calendaryear 

Means 365 consecutive days starting on January 1 and ending on December 31 

Chemotherapeutic waste 

Means waste material resulting from the production or use of antineoplastic agents used for the 

purpose ofstopping or reversing the growth ofmalignant cells .. 
Clean lumber 

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

pigment-stained, or pressure-treated by compomids such as chromate copper arsenate, 

pentachlorophenol, and creosote. 

Commercial and indusfl ial solid waste incineration (CISWI) unit 

Means andy combustion device that combusts commercial and industrial waste, as defined in this 

rule .. The boundaries of a CIS WI unit are defined as, but not limited to, the commercial or industrial 

solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CIS WI unit does 

not include air pollution control equipment or the stack. The CIS WI unit boundary starts at the 

commercial and industrial solid waste hopper (if applicable) and extends through two areas: 

1. The combustion unit flue gas system, which ends immediately after the last 

combustion chamber 

2. The combustion unit bottom ash system, which ends at the truck loading station or 

similar· equipment that transfers the ash to final disposal. It includes all ash handling 

systems connected to the bottom ash handling system 

Commercial and industrial waste 

Means solid waste combusted in an enclosed device using controlled flame combustion without 

energy recovery that is a distinct operating unit of any commercial or industrial facility (including 

field-erected, modular, and custom built incineration units operating with starved or excess air), or 

solid waste combusted in an air curtain incinerator without energy recovery that is a distinct 

operating unit of any commercial or industrial facility .. 

Contained gaseous material 

Means gases that are in a container when that container is combusted .. 

Cyclonic barrel burner 

Means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The 

device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion 

air into the chum in a cyclonic manner to enhance the mixing of waste material and air 

2 
Deviation 

Means any instance in which an affected source subject to Rule 405, 01 an owner or operator ofsuch 

a source: 

I Fails to meet any requirement or obligation established by Rule 405, including but 

not limited to any emission limitation, operating limit, or operatm qualification and 

accessibility requirements; 

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

requirement in Rule 405 and that is included in the operating permit fm any affected 

source required to obtain such a permit; or 

3 Fails to meet any emission limitation, operating limit, or operator qualification and 

accessibility requirement in Rule 405 during startup, shutdown, or malfunction, 

regardless or whether or not such failure is permitted by this regulation 

Dioxins/furam 

Means tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans 

Discard 

Means, for purposes of Ruie 405(c) and 40 CFR part 60, subpart DDDD, burned in an incineration 

unit without energy recovery. 

Drum reclamation until 

Means a unit that burns residues out of drums (e.g., 55 gallon drums) so that the drums can be 

reused 

Energy recovery 

Means the process of recovering thermal energy from combustion for useful purposes such as steam 

generation or process heating. 

EPA 

Means the United States Environmental Protection Agency 

EQB 

Means the Board; the Environmental Quality Board of the Commonwealth of Puerto Rico 

Fabricfilter 

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. 

3 
Low-level radioactive waste 

Means waste material which contains radioactive nuclides emitting primarily beta or gamma 

radiation, or both, in concentrations or quantities that exceed applicable Federal or State standards 

for unrestricted release Low-level radioactive waste is not high-level radioactive waste, spent 

nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)). 

Malfunction 

Means any sudden, infrequent, and not reasonably preventable failure of air pollution control 

equipment, process equipment, or a process to operate in a normal or usual manner. Failures that 

are caused, in part, by poor maintenance or cardess operation are not malfunctions 

Modification or modified CISWI unit (For the purpose ofRule 40.5(c)) 

Means a CIS WI unit you have changed later than June 1, 2001 and that meets one of two criteria: 

1. The cumulative cost ofthe changes over the life of the unit exceeds 50 percent ofthe 

original cost of building and installing the CIS WI unit (not including the cost ofland) 

updated to current costs ( cUirect dollars}. I o determine what systems are within the 

boundary of the CIS WI unit used to calculate these costs, see the definition of CIS WI 

unit. 

2 Any physical change in the CIS WI unit OI 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 

Part reclamation unit 

Means a unit that bUins coatings off parts (e.g., tools, equipment) so that the parts can be 

reconditioned and reused. 

Particulate matter (For the purpo.se ofRule 40.5(c)) 

Means total particulate matter emitted from CIS WI units as measured by Method 5 or Method 29 

of appendix A of40 CFR Part 60. 

Pathological waste 

Means waste material consisting of only human or animal remains, anatomical parts, and/ or tissue, 

the bags/containers used to collect and transport the waste material, and animal bedding (if 

applicable}. 

Rack reclamation unit 

Means a unit that bUins the coatings off racks used to hold small items for application of a coating. 

The unit burns the coating overspray offthe rack so the rack can be reused 

4 
ReconstTUction (For the purpose ofRule 405(c)) 

Means rebuilding a CISWI unit and meeting two criteria: 

L The reconstruction begins on or after June 1, 200 L 

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) I o determine what systems 

are within the boundary of the CIS WI unit used to calculate these costs, see the 

definition of CIS WI unit 

Refuse-derivedfuel (For the purpo5e ofRule 405(c)) 

Means a type of municipal solid waste produced by processing municipal solid waste through 

shredding and size classification. This includes all classes ofrefuse-derived fuel including two fuels: 

1. Low-density fluff refuse-derived fuel through densified refuse-deiived fuel. 

2 Pelletized refuse-derived fueL 

Shutdown (For the purpose ofRule 405(c)) 

Means the period of time after all waste has been combusted in the primary chamber. 

Solid waste (For the pwpose ofRule 405(c)) 

Means any garbage, refuse, sludge fiom a waste treatment plant, water supply treatment plant, or air 

pollution control facility and other discarded material, including solid, liquid, semisolid, or contained 

gaseous material resulting fiom industrial, commercial, mining, agricultural operations, and fiom 

com.!nunity activities, but does not include solid or dissolved material in domestic sewage, or solid 

or dissolved materials in irrigation return flows or industrial discharges which are point sources 

subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (33 

U S.C.. 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act 

of 1954, as amended ( 42 U.S .C. 2014). For purposes of 40 CFR 60 subpart DDDD and subpart 

ecce, solid waste does not include the waste burned in the fifteen types of units described in 

Rule 405(c)(l)(B). , 

Standard conditions 

When referring to units of measure, means a temperature of 68°F (20°C) and a pressure of 1 

atmosphere (1 01 J kilopascals}. 

Startup period (For the purpose ofRule 405) 

Means the period of time between the activation of the system and the first charge to the unit. 

5 
Wet scrubber 

Means an add-on air pollution control device that utilizes an aqueous or alkaline scmbbing liquor 

to collect particulate matter (including non vaporous 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: 

You 

1. Grass, grass clippings, bushes, sluubs, and clippings from bushes and sluubs 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.. 

Iluoughout the Rule 405( c) means the owner or operator of a CIS WI unit 

6 
RULE 405 INCINERATION 

(.l!l Requirements for non-hazardous solid waste incinerators 

(a) (1) Applicability- This Section (a) ofRu1e 405 applies to all existing, new and 

modified non-hazardous solid waste incinerators not covered by any other 

section of this Rule 405. 

(a) (1) (A) 

(a)(1)(B) 

(a) (1) (C) 

(a) (1) (D) 

Existing incinerators at the time of adoption of this rule shall comply with this 

section within a time-frame of six (6) months starting from the effective date of this 

rule and must complete a perf01mance test to demonstrate compliance with the limits 

established in this Section (a}. 

New incinerators must complete a performance test to demonstrate compliance with 

the limits established in this Section (a) within a time--frame of 180 days starting from 

the date of approval of the first operating permit 

All incinerators affected by this Section (a) must complete a perf01mance test to 

demonstrate compliance with the rule every five ( 5) years after the first perf01mance 

test 

This rule shall not apply to domestic non-hazardous solid waste incinerat01s except 

for the following requirements: 

(a) (1) (D) (i) must comply with daily periodic cleancup of the combustion chamber after the last 

incineration activity of the day but before of the chamber reloading .. 

(a) (1) (D) (ii) must comply with a maintenance plan to the settling chamber to avoid exceedances 

of the 20% opacity limit as required under Rule 403, and 

(a) (1) (D) (iii) must segregate waste materials .and recycle or dispose to a recycle collection center 

all plastics, glasses, metals and batteries so that these materials are not incinerated .. 

(a) (1) (D) (iv) any other applicable requirement for domestic non-hazardous solid waste incinerator 

established by the Board 

(a) (1) (E) 

(a) (2) 

Existing non-hazardous solid waste incinerators having a capacity of 15 tons /day or 

less, that have previously obtained an emission source permit and, that have 

conducted compliance tests within the last five years, will not be required to perform 

an initial performance test f01 particulate matter (PM) if their previous compliance 

determination demonstrated compliance with the standard established by this rule in 

paragraph (a) (2}. For these incinerators having a capacity of 15 tons/day or less that 

must comply with (a) (I) (C), the next test will be required five (5) years after the 

effective date of this rule. 

Non-hazardous solid waste incinerators shall not cause 01 permit the emission of 

particulate matter (PM) in excess of0.40 pounds per 100 pounds (4 gm!kg) of waste 

charged .. 

1 
(a) (3) Any person who operates anon-hazardous solid waste incinerator must submit to the 

Board a certification showing their adequate operational training for such incinerators 

and related equipment that should be similar to the requirements for operator training 

and certification contained in other sections of this rule .. 

(a) (4) Any incinerator affected by this rule shall comply with the applicable requirements 

under Rule 106 

(a) (5) Any non-hazardous solid waste incinerator that shall comply with any applicable 

regulation or requirements under the "Standards of Performance for New Stationary 

Sources" (SPNSS), "National Emission Standards for Hazardous Air Pollutants" 

(NESHAPS) or "Maximum Achievable Control Iechnology"(MACI) standards is 

exempted to comply with Section (a) of this rule 

(b) Emission Guidelines and Compliance Schedule for Hospital/Medical and Infectious 

Waste Incinerators (HMIWI). 

(c) Emission Guidelines and Compliance Schedule for Commercial and Industrial Solid 

Waste Incinerators (CISWI) 

(c)( I) Applicability 

(c)(l)(A) 

(c)(1)(B) 

(c)( 1 )(B)(i) 

( c )(1 )(B)(i)(l) 

(c )(1 )(B)(i)(2) 

Except as provided in paragraph (c)(1)(B) of this section, the designated 

facility to which this section applies is each individual commercial and 

industrial solid waste incineration (CIS WI) unit that commenced const:mction 

on or before November 30, 1999 .. 

This section exempts the types of units described in paragraphs (c)(l)(B)(i) 

tluough ( c )(1 )(B)(xv), only after the Board acknowledges receipt of a written 

request by the source owner or operator of the units to be exempted 

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 these 

regulations are not subject to this section if the following requirements are 

met: 

Notify the EPA and the EQB that the units meet above criteria .. 

Keep records on a calendar quarter basis of the weight ofpathological waste, 

low-level radioactive waste, and/or chemotherapeutic waste burned, and the 

weight of all other fuels and wastes burned in the unit 

2 
(c)(l)(B)(I)(3) Keep such recmds demonstrating that the unit attains and maintains 

theexemption for at least five consecutive years and submit them upon 

request within ten business days .. 

( c )(1 )(B)(ii) Agricultural waste incineration units Incineration units burning 90 percent 

or more by weight (on a calendar quarter basis and excluding the weight of 

auxiliary fuel and combustion air) of agricultUial waste as defined in these 

regulations are not subject to this section if the following requirements are 

met: 

( c )(1 )(B)(ii)(l) Notify the EPA and the EQB that the units meet above criteria 

( c )(1 )(B)(ii)(2) Keep records on a calendar quarter basis ofthe weight of agricultural waste 

burned, and the weight of all other fuels and wastes bUined in the unit. 

(c)(1)(B)(ii)(3) Keep such recmds demonstrating that the unit attains and maintains the 

exemption for at least five consecutive years and submit them upon request 

within ten business days 

( c )(1 )(B)(iii) Municipal waste combustion units .. Incineration Ul!its that meet either of the 

two following criteria: 

(c)(l)(B)(iii)(l) Are regulated under 40 CFR 60 Subpart Ea (Standards of Performance for 

Municipal Waste Combustors); 40 CFR 60 Subpart Eb (Standards of 

Performance for Municipal Waste Combustors for which construction is 

commenced after September 20, 1994); 40 CFR 60 Subpart Cb 

(EmissionGuidelines and Compliance Times for Large Municipal 

Combustors that aTe constructed on or before September 20, 1994); 40 CFR 

60 Subpart AAAA (Standards of Performance for New Stationary Sources: 

Small Municipal Waste Combustion units); or 40 CFR 60 Subpart BBBB 

(Emission Guidelines for Existing Stationary Sources: Small MU!!icipal 

Waste Combustion units) 

( c )(1 )(B)(iii)(2) BUin greater than 30 percent municipal solid waste or refuse-derived fuel, as 

defined in 40 CFR Part 60 Subpart Ea, Subpart Eb, Subpart AAAA, and 

Subpart BBBB, and that have the capacity to burn less than 35 tons (32 

megagrarns) per day ofmunicipal solid waste or refuse-derived fuel, if the 

following requirements are met: 

(c)(1)(B)(iii)(2)(a) Notify the EPA and the EQB that the units meet above criteria 

(c)(1)(B)(iii)(2)(b) Keep recmds on a calendar quarter basis of the weight ofmunicipal solid 

waste burned, and the weight of all other fuels and wastes burned in the unit. 

( c )(1 )(B)(iii)(2)( c) Keep such records demonstrating that the unit attains and maintains the 

exemption fm at least five consecutive years and submit them upon request 

within ten business days 

3 
(c)(l)(B)(iv) 

( c )(1 )(B)(v) 

(c)(1)(B)(v)(1) 

( c )(1 )(B)(v)(2) 

( c )(1 )(B)(v)(3) 

( c )(1 )(B)(vi) 

( c)(l )(B)(vi)(l) 

( c )(1 )(B)(vi)(2) 

( c )(1 )(B)(vi)(3) 

( c )(1 )(B)(vii) 

(c)( 1 )(B)(vii)(1) 

( c)(l )(B)(vii)(2) 

( c )(1 )(B)(viii) 

( c )(1 )(B)(ix) 

( c )(1 )(B)(ix)(l) 

(c )(1 )(B)(ix)(2) 

Medical Waste incineration units. 

Incineration units regulated under 40 CFR Pait 60 Subpait Ec (StandaJds of 

Performance for Hospital/Medical/Infectious Waste Incinerators for which 

construction is commenced after June 20, 1996) or under Rule 405(b) of 

these regulations .. 

Small power production facilities. Units that meet all the following 

requirements: 

The unit qualifies as a small power-production facility under section 3(17)(C) 

of the Federal Power Act (16 US.C 796(17)(C)). 

The unit burns homogeneous waste (not including refuse-derived fuel) to 

produce electricity 

NotifY the EPA and the EQB that the unit meets the above criteria 

Cogeneration facilities Units that meet all the following requirements: 

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

Federal Power Act (16 U.S.C.. 796 (18)(B)) 

The unit burns homogeneous waste (not including refuse-derived fuel) to 

produce electricity and steaJn or other forms of energy used for industrial, 

commercial, heating, or cooling purposes .. 

NotifY the EPA and the EQB that the unit meets the above criteria. 

Hazardous waste combustion units .. Units that meet either of the following 

two criteria: 

Units for which aJe required to get a permit under section 3005 of the Solid 

Waste Disposal Act. 

Units regulated under subpait EEE of 40 CFR Pait 63 (National Emission 

Standa~ds for HazaJdous Air Pollutants from HazaJdous Waste Combustors}. 

Materials recovery units .. Units that combusts waste for the primaJy purpose 

of recovering metals, such as primaJy and seconda~y smelters .. 

Air curtain incinerators Air curtain incinerators that bum only the materials 

listed in the following paragraphs, a~·e only required to meet the requirements 

under "Air Curtain Incinerators" (Rule 405( c )(11 )}. 

100 percent wood waste .. 

100 percent clean lumber.. 

4 
( c )(1)(B)(ix)(3) 

(c)(l)(B)(x) 

(c)(1)(B)(xi) 

( c )(I )(B)(xii) 

( c)(1 )(B)(xiii) 

(c)(l)(B)(xiv) 

( c)(l )(B)(xiv)(l) 

( c )(1 )(B)(xiv)(2) 

( c )(1 )(B)( xiv )(3) 

( c )(1 )(B)(xiv)( 4) 

(c)( 1 )(B)(xiv)(5) 

( c )(1 )(B)(xiv)(6) 

( c )(1 )(B)(xiv)(7) 

(c)(1)(B)(xiv)(8) 

(c)(l)(B)(xv) 

100 percent mixture of only wood waste, clean lumber, and/or yard waste .. 

Cyclonic barrel bumers. 

Rack, part, and drum reclaJnation units. 

Cement kilns Kilns regulated under subpart LLL of 40 CFR part 63 

(National Emission Standards for Hazardous Air Pollutants from the Portland 

Cement Manufacturing Industry). 

Sewage sludge incinerators .. Incineration units regulated under subpart 0 of 

40 CFR part 60 (Standards of Performance for Sewage Treatment Plants}. 

Chemical recovery units.. Combustion units burning materials to recover 

chemical constituents or to produce chemical compounds where there is an 

existing commercial market for such recovered chemical constituent or 

compound The types of units described in the following paragraphs are 

considered chemical recovery units: 

Units burning only pulping liquors (i e , black liquor) that ar·e reclaimed in a 

pulping liquor recovery process and reused in the pulping process 

Units burning only spent sulfuric acid used to produce virgin sulfuric acid .. 

Units burning only wood or coal feedstock for the production of charcoal 

Units burning only manufacturing by product streaJTis!residues containing 

catalyst metals which are reclaimed and reused as catalysts or used to produce 

commercial grade catalysts .. 

Units burning only coke to produce purified carbon monoxide that is used as 

an intermediate in the production of other chemical compounds .. 

Units burning only photographic film to recover silver.. 

Units burning only hydrocarbon liquids or solids to produce hydrogen, car bon 

monoxide, synthesis gas, or other gases for use in other manufacturing 

processes. 

Any other chemical recovery unit that comply with 40 CFR 602558 and that 

is approved by EPA 

Laboratory analysis units. Units that bum samples of materials for the 

purpose of chemical or physical analysis 

5 
(c)(l)(C) 

(c)(l)(D) 

(c)(l)(E) 

(c)(2) 

(c)(2)(A) 

(c)(2)(B) 

( c )(2)(B)(i) 

( c )(2 )(B)( i)(l) 

( c )(2)(B)(i)(2) 

( c )(2)(B)(ii) 

If the_ owner or operator of a CIS WI unit makes changes that meet the 

definition of modification or reconstmction on or after June 1, 2001 the 

CIS WI unit becomes subject to 40 CFR part 60 Subpart CCCC (Standards of 

Performance for Commercial and Industrial Solid Waste Incineration) and the 

State plan no longer applies to that unit 

If the owner or operator of a CIS WI unit makes physical or operational 

changes to an existing CISWI unit primarily to comply with the State Plan, 

the 40 CFR Part 60 Subpart CCCC does not apply to that unit, as such 

changes are not considered modifications or reconstructions. 

Permitting Requirements 

Any CIS WI unit that is subject to Rule 405( c) or that become subject to I itle 

V for any other reason must operate pursuant to a Title V permit issued under 

the Part VI of the Regulation f(:>I the Control of Atmospheric Pollution 

(RCAP) by not later than December 1, 2003.. 

Emission Limitations and Operating Limits. 

On the date that the initial performance test is completed or is required to be 

completed under this rule, whichever date comes first, the designated fi!Cility 

must meet the emission limitations specified in I able 1 of Rule 405( c }. 

If a wet scrubber is used to comply with the emission limitations, then 

operating limits must be established during the initial performance test for the 

operating parameters as specified in Table 2 of Rule 405(c) and described in 

the following paragraphs: 

Maximum charge rate, calculated using one of the following procedures: 

For continuous and intermittent units, maximum charge rate is 11 0 percent 

ofthe average charge rate measured during the most recent performance test 

demonstrating compliance with all applicable emission limitations 

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 .. 

Minimum pressure drop across the wet scrubber, which is calculated as 90 

percent of the average pressure drop across the wet scrubber, measured 

during the most recent performance test demonstrating compliance with the 

particulate matter emission limitations; or minimum amperage to the wet 

scrubber, which is calculated as 90 percent of the average amperage to the 

wet scrubber, measured during the most recent performance test 

demonstrating compliance with the particulate matter emission limitations. 

6 
TABLE 1 - EMISSION LIMITATIONS 

Pollutant Emission Limitation• Averaging Method of 

time Compliance 

Cadmium 0 .. 004 milligrams per dry 3-mn average (1 hour Performance test (Method 

standard cubic meter. minimum sample time 29 of appendix A of 40 

per run}. CFR Part 60). 

Carbon monoxide 157 parts per million by 3-run average ( 1 hour Performance test (Method 

dry volume .. minimum sample time 10, lOA, or lOB, of 

per run} appendix A of40 CFR Part 

60) 

Dioxins!furans 041 nanograms per dry 3-run average (1 hour Performance test (Method 

(toxic equivalency standard cubic meter. minimum sample time 23 of appendix A of 40 

basis). per run). CFR Part 60). 

Hydrogen chloride 62 parts per million by dry 3-run average (1 hour Performance test (Method 

volume .. minimum sample time 26A of appendix A of 40 

per run) .. CFR Part 60} . 

. · Lead 0 .. 04 milligrams per dry 3-run average (1 hour Performance test (Method 

standard cubic meter minimum sample time 29 of appendix A of 40 

per run) CFRPart 60). . 

Mercury OA7 milligrams per dry 3-run average (1 hour Performance test (Method 

standard cubic meter. minimum sample time 29 of appendix A of 40 

per run) CFR Part 60}. 

Opacity 10 percent 6-minute averages Performance test (Method 

9 of appendix A of40 CFR 

Part 60). 

Oxides of nitrogen 388 parts per million by 3-run average (1 hour Performance test (Methods 

dry volume. minimum sample time 7, ?A, 7C, ?D, or ?E of 

per run). appendix A of40 CF R Part 

60) -

Particulate matter 70 milligrams per dry 3-run average (1 hour Performance test (Method 

standard cubic meter .. minimum sample time 5 or 29 of appendix A of 

per run). 40 CFR Part 60). 

Sulfur dioxide 20 parts per million by dry 3-run average (1 hour Performance test (Method 

volume minimum sample time 6 or 6C of appendix A of 

per run). 40 CFR Part 60). 

'All emission limitations (except for opacity) ar·e measmed at 7 percent oxygen, dry basis at 

standard conditions 

7 
( c )(2)(B)(iii) 

(c)(2)(B)(iv) 

(c)(2)(C) 

(c)(2)(D) 

(c)(2)(E) 

( c )(2)(E)(i) 

(c)(2)(E)(ii) 

( c )(2)(E)(iii) 

( c )(2)(E)(iv) 

Minimum scmbber liquor flow rate, which is calculated as 90 percent of the 

average liquor flow rate at the inlet to the wet scmbber measured dwing the 

most recent performance test demonstrating compliance with all applicable 

emission limitations .. 

Minimum scmbber liqu01 pH, which is calculated as 90 percent of the 

average liquor pH at the inlet to the wet scmbber measured during the most 

recent performance test demonstrating compliance with the HCI emission 

limitation. 

On the date that the initial performance test is completed 01 is required to be 

completed, whichever date comes first, the designated facility must meet the 

established operating limits .. 

If a fabric filter is used to comply with the emission limitations, the 

designated facility 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 dwing a 6-month period. In calculating this operating time 

percentage, if inspection of the fabric filter demonstrates that no couective 

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

each alarm shall be counted as a minimum of 1 hour. If it takes longer than 

1 hour to initiate c01rective action, the alarm time shall be counted as the 

actual amount oftime taken to initiate c01rective action 

If an air pollution control device other than a wet scrubber is used, 01 

emissions are limited in some other manner, to comply with the emission 

limitations under Rule 405( c )(2), the owner or operatOI of a designated 

facility must petition the Administrator for specific operating limits to be 

established dwing the initial perf01mance test and continuously monitored 

thereafter.. The initial perf01mance test must not be conducted until after the 

petition has been approved by the Administrator. The petition must include 

the following items: 

Identification of the specific parameters proposed to use as additional 

operating limits .. 

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 

A discussion of how will establish the upper and/01 lower values for these 

parameters which will establish the operating limits on these paran1eters. 

A discussion identifying the methods that will be used to measure and the 

instrument that will be used to monit01 these parameters, as well as the 

relative accuracy and precision of these methods and instruments .. 

8 
TABLE 2- OPERATING LIMITS FOR WET SCRUBBERS 

------- ·- ·-·- -

-

I 

,, Operating Minimum freguencies Parameters Operating limits . 

Data Ave

Data measurement = recording 

Charge rate Maximum charge rate. Continuous Every hour Daily (b

hour rol

- and inte

Pressure 

scrubber 

drop 

or amperage 

across the wet Minimum pressure drop or Continuous Every 15 mmutes 3'hour r

to wet amperage. scrubber. 

Scrubber liquor flow rate. Minimum flow rate Contmuous Every 15 mmutes 3 -hour r

Scrubb~r liquor _pf! _ L .. __ Minimum pH Continuous Every 15 minutes 3-hour r

'Calculated each hour as the average of the previous 3 operatmg hours. 

9 
(c)(2)(E)(v) 

(c)(2)(F) 

(c)(3) 

(c)(3)(A) 

(c)(3)(B) 

(c)(3)(C) 

(c)(3)(C)(i) 

( c )(3 )( C)(i)(l) 

( c )(3 )(C)(i)(2) 

( c )(3)(C)(i)(3) 

( c )(3)(C)(i)( 4) 

( c )(3)(C)(i)(5) 

( c )(3)(C)(i)(6) 

(c)(3)(C)(i)(7) 

( c )(3)(C)(i)(8) 

A discussion identifying the frequency and methods for recalibmting the 

instmments that will be used for monitming these parameters. 

The emission limitations and operating limits apply at all times except during 

CIS WI unit startups, shutdowns, or malfunctions .. Each malfunction must 

last no longer than 3 horns .. 

Requkements for operators training and qualification 

No CIS WI unit can be operated unless a fully trained and qualified CIS WI 

unit operator is accessible, either at the facility or can be at the facility within 

1 hom.. 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 CIS WI unit operators are 

temporarily not accessible, the procedmes in section (c)(3)(L) must be 

followed. 

Operator training and qualification must be obtained through a program 

approved by the Board or by completing the requirements included in 

paragraph (c)(3)(C) of this section. 

Training must be obtained by completing an incinerator operator training 

course that includes, at a minimum, th elements described in the following 

paragraphs: 

Training on the subjects listed m paragraphs (c)(3)(C)(i)(l) through 

( c )(3)(C)(i)(ll). 

Environmenal concerns, including types of emissions. 

Basic combustion principles, including products of combustion. 

Operation of the specific type of incinerator to be used by the operator, 

including proper startup, waste charging and shutdown procedmes. 

Combustion controls and monitoring .. 

Operation of air pollution control equipment and factors affecting 

performance (if applicable). 

Inspection and maintenance of the incinerator and air pollution control 

devices 

Actions to correct malfunctions or conditions that may lead to malfunction. 

Bottom and fly ash characteristics and handling procedmes. 

10 
( c )(3)(C)(i)(9) 

( c )(3)(C)(i)(l 0) 

(c)(3)(C)(i)(ll) 

( c )(3)(C)(ii) 

(c)(3)(C)(iii) 

(c)(3)(D) 

(c)(3)(D)(i) 

( c )(3 )(D )(ii) 

( c )(3)(D)(iii) 

(c)(3)(E) 

(c)(3)(F) · 

(c)(3)(G) 

(c)(3)(G)(i) 

(c)(3)(G)(ii) 

(c)(3)(G)(iii) 

(c)(3)(G)(iv) 

( c )(3)(G)(v) 

Applicable Federal, State, and local regulations, including Occupational 

Safety and Health Administration workplace standards 

Pollution prevention 

Waste management practices .. 

An examination designed and administered by the instructor .. 

Written material covering the training course topics that can serve as 

reference material following completion of the comse .. 

The operator training course must be completed by the later ofthe three dates 

specified in the following paragraphs: 

The final compliance date. 

Six months after C!SWl unit startup .. 

Six months after an employee assumes responsibility for operating the CIS WI 

unit or assumes responsibility for supervising the operation of the CIS WI 

unit. 

The operator qualification must be obtained by completing a training course 

that satisfies the criteria under (c)(3)(B).. 

Qualification is valid from the date on which the training course is completed 

and the operator successfully passes the examination required under 

( c )(3)(C)(ii). 

I o maintain qualification, you must complete an annual review or refresher 

course covermg at a minimum, the topics described in the following 

paragraphs: 

Update of regulations. 

Incinerator operation, including startup and shutdown procedures, waste 

charging, and ash handling 

Inspection and maintenance .. 

Responses to malfunctions or conditions that may lead to malfunction. 

Discussion of operating problems encountered by attendees 

11 
(c)(3)(H) 

( c )(3 )(H)(i) 

( c )(3)(H)(ii) 

( c )(3)(I) 

( c )(3 )(I)(i) 

( c )(3 )(I)(ii) 

( c )(3)(I)(iii) 

( c )(3)(I)(iv) 

( c )(3)(I)(v) 

( c )(3)(I)(vi) 

( c )(3 )(I)(vii) 

( c )(3)(I)( viii) 

( c )(3 )(I)( ix) 

(c)(3)(I)(x) 

( c )(3)(J) 

( c )(3 )(J)(i) 

( c )(3 )(J)(i)( 1) 

You must renew a lapsed operator qualification by one of the methods 

specified in the following paragraphs: 

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

refresher course described in ( c )(3)(G) 

For a lapse of 3 years or more, you must repeat the initial qualification 

requirements in ( c )(3)(E) 

Documentation must be available at the facility arrd readily accessible for all 

CISWI unit operators that addresses the ten topics described below. Must 

maintain this information arrd the training records required by ( c )(3 )(K) in a 

manner that they carr be readily accessed arrd are suitable for inspection upon 

request. 

Summary of the applicable starrdards under this mle 

Procedures for receiving, harrdling arrd charging waste. 

Incinerator startup, shutdown, arrd malfunction procedures 

Procedures for maintaining proper combustion air supply levels .. 

Procedures for operating the incinerator arrd associated air pollution control 

systems within the starrdards established under this mle 

Monitoring procedures for demonstrating compliarrce with the incinerator 

operating limits. 

Reporting arrd recordkeeping procedures .. 

The waste marragement plarr required under (c)( 4)(A) through (c)( 4)(C). 

Procedures for handling ash 

A list of the wastes burned during the performance test. 

You must establish a program for reviewing the information listed in ( c )(3 )(I) 

with each incinerator operator. 

The initial review of the information listed in ( c )(3)(1) must be conducted by 

the later of the three dates specified in the following paragraphs: 

The final compliance date .. 

12 
( c )(3)(J)(i)(2) 

( c )(3)(J)(i)(3) 

( c )(3 )(J)(ii) 

(c)(3)(K) 

(c)(3)(K)(i) 

(c)(3)(K)(ii) 

( c )(3 )(K)(iii) 

(c)(3)(L) 

(c)(3)(L)(i) 

( c )(3 )(L )(ii) 

( c )(3)(L)(ii)(l) 

Six month after CIS WI unit stmtup 

Six months after being assigned to operate the CIS WI unit 

Subsequent annual reviews of the infmmation listed in (c)(3)(I) must be 

conducted no later than 12 months following the previous review 

Y au must also maintain the infmmation specified in the following 

pmagraphs: 

Recmds showing the naJnes of CIS WI unit operators who have completed 

review of the infmmation in (c)(3)(I) as required by (c)(3)(J), including the 

date of the initial review and all subsequent annual reviews 

Records showing the naJnes of the CIS WI operators who have completed the 

operatm training requirements under ( c )(3)(A), met the criteria for 

qualification under (c)(3)(E), and maintained or renewed their qualification 

under (c)(3)(G) OI (c)(3)(H). 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 

For each qualified operator, the phone and/or pager number at which they can 

be reached dUiing operating hours. 

Ifall qualified operators me tempmarily not accessible (i.e , not at the facility 

and not able to be at the facility within 1 hoUI), the designated facility must 

meet one of the two criteria specified in the paragraphs below, depending on 

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

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 CIS WI unit who have completed a review 

of the infmmation specified in ( c )(3 )(I) within the past 12 months .. However, 

must record the period when all qualified operators were not accessible and 

include this deviation in the annual repmt as specified under (c)(7)(G). 

When all qualified operators me not accessible for 2 weeks or more, must 

take the two actions that m·e described in the following paragraphs: 

Notify the EPA and the Board of this deviation in writing within 10 days. In 

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

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

operator will be accessible .. 

13 
( c )(3)(L)(ii)(2) 

( c )(3)(L)(ii)(2)(a) 

( c )(3)(L)(ii)(2)(b) 

(c)(4) 

(c)(4)(A) 

(c)(4)(B) 

(c)(4)(C) 

( c )(5) 

(c)(5)(A) 

(c)(5)(B) 

Submit a status report to the EPA and to the Board every 4 weeks outlining 

what you ar·e 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 EPA to continue operation of the CISWI unit. 

Must submit the first status report 4 weeks after notifYing the EPA and the 

Board of the deviation under (c)(3)(L)(ii)(l} If the EPA notifies you that 

your request to continue operation of the CIS WI unit is disapproved, the 

CIS WI unit may continue operation for 90 days, then must cease operation. 

Operation of the unit may resume if you meet the two requirements in the 

following paragraphs: 

A qualified operator is accessible as required under ( c )(3)(A}. 

NotifY the EPA and the Board that a qualified operator is accessible and that 

you ar·e resuming operation 

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. 

The owner or operatm of a designated facility must submit a waste 

management plan no later than the date for submittal of the final control plan. 

A waste management plan must include consideration of the reduction or 

separation of waste "stream elements such as paper, cardboard, plastics, 

glass, batteries, 01 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 01 energy impacts they might have 

Perf'ormance testing 

All perfmmance tests must consist ofaminimum of three test mns conducted 

under conditions representative of nmmal operations .. 

Must document that the waste bUined during the performance test is 

representative of the waste bUined under normal operating conditions by 

maintaining a log of the quantity of waste burned (as required in 

(c)(7)(A)(ii)(l)) and the types of waste burned during the performance test 

14 
(c)(S)(C) 

(c)(S)(D) 

(c)(S)(E) 

(c)(S)(F) 

(c)(S)(G) 

(c)(S)(G)(i) 

(c)(S)(G)(ii) 

(c)(S)(G)(iii) 

(c)(S)(H) 

All performance test must be conducted using the minimum run dmation 

specified in I able I of this rule. 

Method I of appendix A of40 CFR Pait 60 and contained in this regulation 

must be used to select the sainp]ing location and number oftraverse points 

Method 3A or 3B of appendix A of 40 CFR Pait 60 and contained in this 

regulation must be used for gas composition analysis, including measurement 

of oxygen concentration Method 3A or 3B must be used simultaneously 

with each method. 

All pollutants concentrations, except for opacity, must be adjusted to 7 

percent oxygen using the following equation: 

where: 

(20.9-7)= 

20 .. 9 

%0, 

Cm,., (20 .. 9-7) I (20 9-%02) 

pollutant concentration adjusted to 7 percent oxygen; 

pollutant concentration measured on a dry basis; 

20 . .9 percent oxygen - 7 percent oxygen (defined oxygen 

conection basis); 

oxygen concentration in air, percent; and 

oxygen concentration measured on a dry basis, percent 

You must determine dioxins/ftuaJis toxic equivalency by following the 

procedures in paragraphs below: 

Measure the concentration of each dioxin/furaJI tetra-through acta-congener 

emitted using EPA Method 23 contained in this regulation. 

For each dioxinlftuaJI congener: measured in accordaJice with pa1agraph 

(c)(S)(G)(i), multiply the congener concentration by its corresponding toxic 

equivalency factor specified in I able 3 of this rule. 

Sum the products calculated in accordaJice with paiagraph (c)(S)(G)(ii) to 

obtain the total concentration of dioxins/furaJis emitted in terms of toxic 

equivalency. 

Use results ofperformance tests to demonstrate compliance with the emission 

limitations in Table I of this rule 

15 
TABLE 3 -TOXIC EQUIVALENCY FACTORS 

DIOXIN/FURAN CONGENER TOXIC EQUIVALENCY 

FACTOR 

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

1, 2, 3, 7, 8-pentachlorinated dibenzo-p-dioxin 05 . ··- 1, 2, 3, 4, 7, 8-hexachlorinated dibenzo-p"dioxin 0 1 -

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

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

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

octachlorinated dibenzo-p-dioxin 0.001 

2, 3, 7, 8-tetrachlorinated dibenzofuran O.J 

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 OJ . 

1, 2, 3, 7, 8, 9-hexachlorinated dibenzofuran 0 1 -·· . 

2, 3, 4, 6, 7, 8-hexachlorinated dibenzofuran 0 1 

!, 2, 3,4, 6, 7, 8-heptachJorinateddibe!l..Zo:!i.Jra..fl (\ (\ 1 VAI.l. .. 

1, 2, 3, 4, 7, 8, 9-heptachlminated dibenzofuran 001 

octachlorinated dibenzofuran 0.001 

16 
(c)(6) 

(c)(6)(A) 

(c)(6)(B) 

(c)(6)(B)(i) 

(c)(6)(B)(ii) 

(c)( 6)(B )(iii) 

(c)( 6)(B )(iv) 

(c)(6)(B)(v) 

(c)(6)(B)(vi) 

( c )(6)(B)(vii) 

(c)(6)(B)(viii) 

Monitoring requirements 

If a wet scrubber is used to comply with the emission limitation under 

(c)(2)(A), you must install, calibrate (to manufacturer's specifications), 

maintain, and operate devices (or establish methods) for monitoring the value 

of the operating parameters used to detennine compliance with the operating 

limits listed in Table 2 of this rule .. These devices (or methods) must measure 

and record the values for these operating parameters at the fiequencies 

indicated in Table 2 of this rule at all times except as spciefied in (c)(6)(D). 

If a fabric filter is used to comply with the requirements of this rule, you must 

install, calibrate, maintain, and continuously operate a bag leak detection 

system as specified in the following paragraphs: 

You must install and operate a bag leak detection system for each exhaust 

stack of the fabric filter ' 

Each bag leak detection system must be installed, operated, calibrated, and 

maintained in a manner consistent with the manufacturer's written 

specifications and recommendations. 

The bag leak detection system must be certified by the manufacturer to be 

capable of detecting particulate matter emissions at concentrations of I 0 

milligrams per actual cubic meter or less 

The bag leak detection system sensor must provide output of relative or 

absolute particulate matter loadings. 

' 

The bag leak detection system must be equipped with a device to 

continuously record the output signal fwm the sensor 

The bag leak detection system must be equipped with an alarm system that 

will sound automatically when an increase in relative particulate matter 

emissions over a preset level is detected.. The alarm must be located where 

it is easily heard by plant operating personneL 

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 detectOI must be installed downstream 

of the fabric filter .. 

Where multiple detectors are required, the system's instrumentation and 

alarm may be shared among detectors 

17 
(c)(6)(C) .. 

(c)(6)(D) 

(c)(6)(E) 

(c)(7) 

(c)(7)(A) 

( c )(7)(A)(i) 

( c )(7)(A)(ii) 

( c )(7)(A)(ii)(1) 

( c )(7)(A)(ii)(2) 

( c)(7)(A)(ii)(3) 

( c )(7)(A)(ii)( 4) 

( c )(7)(A)(ii)(5) 

( c )(7)(A)(ii)(6) 

If something other than a wet scrubber is used to comply with the emission 

limitations under ( c)(2)(A), you must install, calibrate (to the manufacturer's 

specifications), maintain, and operate the equipment necessary to monitor 

compliance with the site-specific operating limits established using the 

procedures in ( c )(2)(E) 

Except for monitoring malfimctions, associated repairs, and required quality 

assurance or quality control activities (including, as applicable, calibration 

checks and required zero and span adjustments of the monitoring system), 

you must conduct all monitoring at all times the CISWI unit is operating. 

Do not use data recorded during monitoring malfuctions, associated repairs, 

and required quality assurance or quality control activities for meeting the 

requirements ofthis ruie, including data averages and calculations .. You must 

use all the data collected during all other periods in assessing compliance 

with the operating limits 

Recordkeeping and Reporting Requirements 

The designated facility must maintain the items (as applicable) as specified 

in the following paragraphs for a period of at least 5 years: 

Calendar date of each record .. 

Records of the data described in the following paragraphs: 

The CIS WI unit charge dates, times, weights, and hourly charge rates. 

Liquor flow rate to the wet scrubber inlet every 15 minutes of operation, as 

applicable. 

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. 

Liquor pH as introduced to the wet scrubber every 15 minutes of operation, 

as applicable. 

For affected CIS WI unit that establish operating limits for controls other than 

wet scrubbers under (c)(2)(E), you must maintain data collected for all 

operating parameters used to determine compliance with the operating limits .. 

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 con ective 

action was initiated and completed, and a brief description of the cause ofthe 

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 ( c )(2)(D}. 

18 
( c )(7)(A)(iii) 

( c )(7)(A)(iv) 

(c)(7)(A)(v) 

( c )(7)(A)(vi) 

( c )(7)(A)(vii) 

( c )(?)(A)( viii) 

(c)( 7)(A)(ix) 

( c )(7)(A)(x) 

(c)(7)(A)(xi) 

( c )(7)(A)(xii) 

(c)(7)(A)(xiii) 

Identification of calendar dates and times for which monitoring systems used 

to monitor operating limits were inoperative, inactive, malfunctioning, or out 

of control (except for downtime associated with zero and span and other 

routine calibration checks}. Identify the operating parameters not measured, 

the dmation, reasons for not obtaining the data, and a description of 

corrective actions taken. 

Identification of calendar dates, times, and dmations of malfunctions and a 

description of the malfunction and the conective action taken 

Identification of calendar dates and times for which data show a deviation 

from the operating limits in I able 2 of this rule or a deviation from other 

operating limits established under (c)(2)(E) with a description of the 

deviations, reasons for such deviations, and a description of corrective actions 

taken. 

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. 

Records showing the names of CIS WI unit operators who have completed 

review of the information in (c)(3)(I) as required by (c)(3)(J), including the 

date of the initial review and all subsequent annual reviews .. 

Records showing the names ofthe CIS WI operators who have completed the 

operator training requirements under ( c )(3)(A), met the criteria for 

qualification under ( c )(3 )(E), and maintained or renewed their qualification 

under ( c )(3)(0) or ( c )(3)(H) 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. 

For each qualified operator, the phone and/or pager number at which they can 

be reached during operating homs. 

Records of calibration of any monitoring devices as required under (c)(6). 

Equipment vendor specifications and related operation and maintenance 

requirements for the incinerator, emission controls, and monitoring 

equipment. 

I he information listed in ( c )(3 )(I). 

On a daily basis, keep a log of the quantity of waste burned and the types of 

waste burned (always required) 

19 
(c)(7)(B) 

(c)(7)(C) 

(c)(7)(D) 

(c)(7)(E) 

( c )(7)(E )(i) 

( c )(7)(E)(ii) 

( c )(7)(E)(iii) 

(c)(7)(F) 

(c)(7)(G) 

( c )(7)( G)(i) 

( c )(7)( G)(ii) 

( c )(7)(G)(iii) 

( c )(7)(G)(iv) 

All records must be available onsite in either paper copy or computerreadable format that can be printed upon request, unless an alternative format 

is approved by the Administrator .. 

The reporting requirements are summarized in I able 4 of this rule 

The waste management plan must be submitted no later than the date for 

submittal of the final control plan .. 

You must submit the information specified in the following paragraphs no 

later than 60 days following the initial performance test All reports must be 

signed by the facilities manager . 

The complete test report for the initial performance test results obtained 

under ( c )(9), as applicable .. 

The values for the site-specific operating limits established in (c)(2)(B), (C), 

and (D), or ( c )(2)(E). 

If a fabric filter is used to comply with the emrss10n limitations, 

documentation that a bag leak detection system has been installed and is 

being operated, calibrated, and maintained as required by (c)(6)(B). 

An armual report must be submitted no later than 12 months following the 

submission of the information in (c)(7)(E). Subsequent reports must be 

submitted no more than 12 months following the previous report. Ifthe unit 

is subject to permitting requirements under Title V of the Clean Air Act or 

the Part VI of the RCAP, it may be required to submit these reports more 

frequently 

The armual report required under ( c )(7)(F) must include the items listed in the 

following paragraphs .. Ifthere is a deviation fiom the operating limits or the 

emission limitations, also a deviation report must be submitted as specified 

in (c)(7)(H), (c)(7)(I), (c)(7)(J), (c)(7)(K) and (c)(7)(L). 

Company name and address. 

Statement by a responsible official, with that official's name, title, and 

signature, certifYing the accuracy of the content of the report. 

Date of report and beginning and ending dates of the reporting period. 

The values for the operating limits established pursuant to ( c )(2)(B), (C), and 

(D), or (c)(2)(E). 

20 
TJ,BLE 4 • SUMMARY OF REPORTING REQUIREMENTS' 

. I Report I Due date I Contents 

Waste 

Management Plan No later than the date specified in Table 5 for • Waste management pian submittal of the final control plan. 

Initial Test Report No later than 60 days following the mitial • Complete test report for the mitial performance test. performance test. 

Annual Report No later than 12 months following the • Name and address submission of the initial 

test report. • Statement and Signature by responsible officral. Subsequent reports are to be submitted 

no • Date of report more than 12 months followirig 

the previous • Values for the operating limits. report. • If no devmtions or malfunctiOnS were reported. a statement 

deviatiOns occurred durmg the reporting penod. 

• Highest recorded 3-hour average and the lowest 3-hour ave

applicable, for each operating parameter recorded for the calen

bemg reported. 

• Information for. devmtions or malfunctions recorded und

405(c)(7)(A)(ii)(6) and (iii) through (v). 

• If a performance test was conducted during the reportmg per

results of the test. 

• If a perfonnance test was not conducted during the repmting p

statement that the requirements of Rule 405(c)(J O)(E) or (F) we

• Documentation ofpenods when all qualified CIS WI unit operat

unavailable for more than 8 hours but less than 2 weeks. 

Ernrssion Limitation or Operating Limrt By August 1 of that year for data collected • Dates and times of deviations Devmtwn Report durmg the first half of 

the calendar year. By • Averaged and recorded data for these dates. February 1 of 

collected during 

the followmg year for data • Duration and causes for each devmtion and the corrective actwn

the second half of the • Copy of operating limit monitormg data and any test repotis. calendar year. • Dates, t1rnes, and causes for rnomtor downttme mcidents. 

• Whether each deviation occurred during a period of startup, shu

or malfunction. 

Qualified Operatwr Devtatton Within l 0 days of devtation • Statement of cause of devtation Notification 

• Descnption of efforts to have an accessible qualified operator. 

•The date a qualified operator will be accessible. 

Report 

Qualified Operator Devmtion Status Every 4 weeks followmg devratwn • Description of efforts to have an accessible qualified operator 

• The date a qualified operator will be accessible. 

• Request for approval to contmue operatiOn. 

Notification 

Qualified Operator 

of Resumed 

Devmlion 

Operation 

Prior to resummg operation • Notification that you are resummg operation 

4This 

table in oniy a summary, see the referenced sections of the rule for the complete reqUirements. 

21 
. (c)(7)(G)(v) 

(c)(7)(G)(vi) 

(c)(7)(G)(vii) 

( c )(?)(G)(viii) 

(c)(7)(G)(ix) 

( c )(7)(G)(x) 

(c)(7)(H) 

( c )(7)(I) 

( c )(7)(J) 

( c )(7)(J)(i) 

( c )(7)(J)(ii) 

_Jfno.deviation from any emission limitation or operating limit that applies to . 

you has been reported, a statement that there was no deviation fmm the 

emission limitations or operating limits during the reporting period, and that 

no monitoring system used to determine compliance with the operating limits 

was inoperative, inactive, malfunctioning or out of controL 

The highest recorded 3 -hom average and the lowest recorded 3-hour avemge, 

as applicable, for each operating parameter recorded for the calendar year 

being reported .. 

Information recorded under ( c )(7)(A)(ii)(6) and ( c )(7)(A)(iii) through (v) for 

the calendar year being reported 

If a performance test was conducted dming the reporting period, the results 

of that test 

If the designated facility met the requirements of (c)(lO)(A) or (B), and did 

not conduct a performance test dming the reporting period, you must state 

that you met the requirements of (c)(10)(A) or (B), and, therefore, you were 

not required to conduct a performance test dming the reporting period. 

Documentation of periods when all qualified CISWI unit operators were 

unavailable for more than 8 hours, but less than 2 weeks .. 

You must submit a deviation report if any recorded 3-hom average parameter 

level is above the maximum operating limit or below the minimUIII operating 

limit established under this rule, 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. 

The deviation report must be submitted by August I 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 collected during the second half 

of the calendar year (July 1 to December 31) 

In each report required under ( c )(7)(H) and (!), for any pollutant or parameter 

that deviated from the emission limitations or operating limits specified in 

this rule, include the six items described in the folio" ing paragraphs: 

The calendar dates and times the unit deviated from the emission limitations 

or operating limit requirements 

The averaged and recorded data for those dates 

22 
( c )(7)(J)(iii) 

( c )(7)(J)(iv) 

( c )(7)(J)(v) 

( c )(7)(J)(vi) 

(c)(7)(K) 

(c)(7)(K)(i) 

( c )(7)(K)(i)(l) 

( c )(7)(K)(i)(2) 

( c )(7)(K)(i)(3) 

( c )(7)(K)(ii) 

( c )(7)(K)(ii)(l) 

( c )(7)(K)(ii)(2) 

( c )(7)(K)(ii)(3) 

(c)(7)(L) 

(c)(7)(M) 

Duration and causes of each deviation from the emission limitations or 

operating limits and your corrective actions .. 

A copy ofthe operating limit monitoring data during each deviation and any 

test report that documents the emission levels 

The dates, times, number, duration, and causes for monitoring downtime 

incidents (other than downtime associated with zero, span, and other routine 

calibration checks) 

Whether each deviation occurred during a period of startup, shutdown, or 

malfunction, 01 during another period. 

If all qualified operators are not accessible for 2 weeks or more, you must 

take the two actions in the following paragraphs: 

Submit a notification of the deviation within 10 days that includes the three 

items in the following paragraphs: 

A statement of what caused the deviation 

A description of what you are doing to ensure that a qualified operator is 

accessible .. 

The date when you anticipate that a qualified operator will be available .. 

Submit a status report to the EPA and to the Board every 4 weeks that 

includes the three items in the following paragraphs: 

· A description of what you are doing to ensure that a qualified operator is 

accessible .. 

The date when you anticipate that a qualified operator will be accessible .. 

Request appmval from the EPA to continue operation of the CIS WI unit. 

If your unit was shutdown by the EPA, under the provisions of 

(c)(3)(L)(ii)(2), due to a failure to pmvide an accessible qualified operator, 

you must notify the EPA and the Board that you are resuming operation once 

a qualified operator is accessible .. 

The designated facility must submit notifications as pmvided in 40 CFR 

Section 60.7 and contained in this regulation .. 

23 
(c)(7)(N) 

(c)(7)(0) 

(c)(8) 

(c)(8)(A) 

(c)(8)(A)(i) 

(c)(8)(A)(ii) 

(c)(8)(B) 

(c)(8)(C) 

( c )(8)(C)(i) 

( c )(8)(C)(ii) 

(c)(8)(C)(iii) 

(c)(8)(D) 

(c)(8)(E) 

(c)(8)(F) 

( c )(8 )(F )(i) 

Submit initial, annual, and deviation reports electronically or in paper format, 

postmarked on or before the submittal due dates .. 

If the EQB agrees, you may change the semiannual or annual reporting dates 

Refer to 40 CFR Section 60 I 9 (c) and contained in this regulation for 

procedures to seek approval to change the reporting date. 

Increments of Progress 

If you plan to achieve compliance more than one (1) year following the 

effective date of State Plan approval, you must meet the two increments of 

progress specified in the following paragraphs: 

Submit a final control plan .. 

Achieve final compliance .. 

Table 5 of this tuie specifies the compliance dates for each of the increment 

of progress 

Your notification of achievement of increments ofprogr·ess must include the 

three items specified in the following paragraphs: 

Notification that the increment of progress has been achieved. 

Any items requited to be submitted with each increment of progress .. 

Signature of the owner or operator of the CISWI unit. 

Notifications for achieving increments of progress must be postmarked no 

later than 10 business days after the compliance date for the increment. 

If you fail to meet an increment of progress, you must submit a notification 

to the EPA and to the Board, postmarked within 10 business days after the 

date for that increment of progress in I able 5 of this rule. You must inform 

the EPA and the Board 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 

For your control plan increment of progress, you must satisfy the two 

requirements specified in the following paragraphs: 

Submit the final control plan that includes the five items described as 

follows: 

24 
TABLE 5 • INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDUL

-

Comply with these increments of progress By these dates 

Increment 1 - Submit final control plan 6 months after the effective date of EPA pl

Increment 2 - Achieve final compliance 18 months after the effective date of EPA plan 

December 1, 2005 _ whichever date is e

--- - -- - - -··· - -----· ---·-

25 
. (c)(8)(F)(i)(l) 

( c )(8)(F)(i)(2) 

( c )(8)(F)(i)(3) 

( c )(8)(F)(i)( 4) 

( c )(8)(F)(i)(5) 

( c )(8)(F)(ii) 

(c)(8)(G) 

(c)(8)(H) 

( c )(8)(I) 

( c )(8)( J) 

(c)(8)(K) 

(c)(9) 

(c)(9)(A) 

(c)(9)(B) 

A description ofthe devices for air pollution control and process changes that 

you will use to comply with the emission limitations and other requirements 

of this rule 

The types of waste to be burned. 

The maximum design waste burning capacity 

The anticipated maximum charge rate. 

If applicable, the petition for site-specific operating limits under (c)(2)(E}. 

Maintain an onsite copy of the final control plan. 

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. 

If you close your CIS WI unit but will restart it prior to the final compliance 

date in the State plan, you must meet the increments of progress specified in 

(c)(8)(A}. 

If you close your CIS WI 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. 

If you plan to close your CIS WI unit rather than comply with the State plan, 

submit a closure notification, including the date of closure, to the EPA and 

to the Board by the date your final control plan is due 

If your unit is to be exempted, you must request the exemption by written, as 

specified in ( c )(I )(B), by the date the final control plan is due .. 

Initial Compliance Requirements 

You must conduct an initial performance test, as required under 40 CFR -

section 60 .. 8 and contained in this regulation, to determine compliance with 

the emission limitations in I able I of this rule and to establish operating 

limits using the procedure in (c)(2)(B), (C), and (D), or (c)(2)(E). The initial 

performance test must be conducted using the test methods listed in I able 1 

of this ru]e and the procedures in (c)(5). 

The initial performance test must be conducted no later than 180 days after 

your final compliance date. Your final compliance date is specified in I able 

5 ofthis rule 

26 
. (c)(lO) 

(c)(lO)(A) 

(c)(IO)(B) 

(c)(IO)(C) 

(c)(IO)(D) 

(c)(IO)(E) 

(c)(lO)(F) 

(c)(lO)(G) 

(c)(l O)(H) 

Continuous Compliance Requirements 

You must conduct an annual performance test for pmticulate matter, 

hydrogen chloride, and opacity for each CISWI unit as required under 40 

CFR-Section 60 .. 8 to determine compliance with the emission limitations 

The annual performance test must be conducted using the test methods listed 

in I able 1 of this rule and the procedures in (c)( 5}. 

You must continuously monitor the operating parmneters specified in 

( c )(2)(B), (C), and (D) or established under ( c )(2)(E}. Operation above the 

established maximum or below the established minimum operating limits 

constitutes a deviation from the established operating limits Three-hour 

rolling average values me used to determine compliance (except for baghouse 

leak detection system alarms) unless a different averaging period is 

established under (c)(2)(E}. Operating limits do not apply during 

performance tests 

You must only burn the smne types of waste used to establish operating limits 

during the performance test 

You must conduct annual performance tests for pmticualte matter, hydrogen 

chloride, and opacity within 12 months following the initial performance test 

Conduct subsequent annual performance tests within 12 months following the 

prevwus one. 

You can test less often for a given pollutant if you have test data for at least 

3 yems, and all performance tests for the pollutaJit (pmticulate matter, 

hydrogen chloride or opacity) over 3 consecutive yems show that you comply 

with the emission limitation. In this case, you do not have to conduct a 

performance test for that pollutant for the next 2 yems.. You must conduct a 

performance test during the third yem and no more than 36 months following 

the previous performance test 

If your CIS WI unit continues to meet the emission limitation for pmticulate 

matter, hydrogen chloride, or opacity, you may choose to conduct 

performaJice tests for these pollutants every third year, but each test must be 

within 36 months of the previous performance test 

If a performance test shows a deviation from an emission limitation for 

pmticulate matter, hydrogen chloride, or opacity, you must conduct annual 

performance tests for that pollutant until all performaJice tests over a 3-yem 

period show compliance 

You may conduct a repeat performance test at any time to establish new 

values for the operating limits. The EPA and or the Board may request a 

repeat performance test at any time 

27 
(c)(lO)(I) 

(c)(l1) 

(c)(l1)(A) 

(c)(l1)(B) 

(c)(l1)(B)(i) 

(c)(11)(B)(ii) 

( c )(11 )(B)(iii) 

(c)(l1)(C) 

( c )(11 )(C)(i) 

( c )(11 )(C)(ii) 

(c)(11)(D) 

(c)(l1)(E) 

(c)(11)(E)(i) 

(c)(11)(E)(ii) 

(c)(11)(E)(iii) 

(c)(ll)(F) 

You must repeat the perfmmance testifyor feed stream is different than the 

feed streams used dming any peiformance test used to demonstrate 

compliance .. 

Air· Curtain Incinerators 

An air cmtain incinerator operates by forcefully projecting a cmtain of air 

across an open chamber or open pit in which combustion occms .. Incinerators 

of this type can be constructed above or below ground and with or without 

refiactmy walls and floor.. Air cmtain incinerators are not to be confused 

with conventional combustion devices with enclosed fireboxes and controlled 

air technology such as mass bmn, modular, and fluidized bed combustms. 

Air cmtain incinerators that bmn only the materials listed in the following 

paragraphs ar·e only required to meet the requirements under "Air Cmtain 

Incinerators" ((c)(ll)(A) through (c)(ll)(V)). 

I 00 percent wood waste. 

I 00 percent clean lumber. 

I 00 percent mixtme of only wood waste, clean lumber, and/or yard waste .. 

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 the following paragraphs: 

Submit a final control plan. 

Achieve final compliance 

I able 5 of this mle specifies the compliance dates for each of the increments 

of progress 

Your notification of achievement of increments ofprogr·ess must include the 

three items described in the following paragraphs: 

Notification that the increment of progress has been achieved .. 

Any items required to be submitted with each increment of progress (See 

(c)(ll)(H)) 

Signature of the owner or operator of the incinerator. 

Notifications for achieving increments ofprogr·ess must be postmarked no 

later than 10 business days after the compliance date for the increment 

28 
(c)(11)(G) 

(c)(11)(H) 

( c )(11 )(H)(i) 

(c)(11)(H)(ii) 

( c )(11 )(I) 

( c )(11 )(J) 

(c)(l1)(K) 

(c)(11)(L) 

(c)(l1)(M) 

(c)(l1)(M)(i) 

(c)( 11 )(M)(ii) 

(c)(11)(N) 

(c)(l1)(0) 

If you fail to meet an increment of progress, you must submit a notification 

to the EPA and to the Board, postmarked within 1 0 business days after the 

date for that increment of progress in I able 5 of this mle. You must infmm 

the EPA and the Board that you did not meet the increment, and you must 

continue to submit repmts each subsequent calendar month until the 

increment of progr·ess is met 

For your control plan increment of progress, you must satisfY the two 

requirements specified in the following paragraphs: 

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 mle. 

Maintain an onsite copy of the final control plan. 

For the final compliance increment ofprogress you must complete all process 

changes and retrofit constmction of control devices, as specified in the final 

control plan, so that, if the affected incinerator is broughtonline, all necessary 

process changes and air pollution contml devices would operate as designed. 

If you close your incinerator but will reopen it prior to the final compliance 

date in your State plan, you must meet the increments ofprogress specified 

in (c)(I1)(C) .. 

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 

If you plan to close your incineratm rather than comply with the State plan, 

submit a closure notification, including the date of closure, to the EPA and 

to the Board by the date your final contwl plan is due .. 

After the date the initial stack test is required or completed, whichever is 

earlier, you must meet the limitations in the following paragraphs: 

The opacity limitation is 10 percent (6-minute average), except as described 

in paragraph (M)(ii}. 

The opacity limitation is 35 percent (6-minute average) during the startup 

period that is within the first 30 minutes ofoperation. 

Except during malfunctions, the requirements of this rule apply at all times, 

and each malfunction must not exceed 3 hours 

Use Method 9 of appendix A of 40 CFR-Part 60 and contained in this 

regulation to determine compliance with the opacity limitation. 

29 
(c)(ll)(P) 

(c)(ll)(Q) 

(c)(ll)(R) 

(c)( II )(S) 

( c )(II )(I) 

( c )(II )(I)(i) 

( c )(II )(T)(ii) 

(c)(ll)(U) 

(c)(ll)(V) 

Conduct an initial test f01 opacity as specified in 40 CFR-Section 60.8 no 

later than 180 days after your final compliance date .. 

After the initial test for opacity, conduct annual tests no more than 12 

calendar months following the date of yom previous test 

Keep records of results of all initial and annual opacity tests onsite in either 

paper copy or electronic format, unless the Administrat01 approves another 

f01mat, for at least 5 years .. 

Make all records available for submission to the EPA and to the Board 01 for 

an inspector's onsite review 

Submit an initial rep01t no later than 60 days following the initial opacity test 

that includes the information specified in the following paragraphs: 

The types ofmaterials you plan to combust in your air cmtain incinerator. 

The results (each 6-minute average) of the initial opacity tests .. 

Submit annual opacity test results within 12 months following the previous 

rep01t. 

Submit initial and annual opacity test reports as electronic 01 paper copy on 

or before the applicable submission date and keep a copy onsite for a period 

of5 years .. 

30