J e remiah W. Oay) Nixon

, G o v ernor • Sara Parke r Pa ul ey, D ir ecto r 

## T OF 

# NATURAL RESOURCES

www.d nr .mo.gov



### FEB 2 8 2014

Mr. Karl Brooks Regional Administrator U.S. EPA, Region VII 11201 Renner Boulevard Lenexa, KS 66219

Dear Mr. Brooks:

The Missouri Department of Natural Resources requests that the U.S. Environmental Protection Agency (EPA) amend the Missouri State Plan for Designated Facilities and Pollutants to include the following plan and rule actions for existing commercial and industrial solid waste incinerators pursuant to section 111(d)/129 of the Clean Air Act (CAA):

• Section 111(d)/129 State Plan for Commercial and Industrial Solid Waste Incinerators in Missouri

• 10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators

The state plan was developed pursuant to sections 111 (d) and 129 of the CAA and demonstrates that Missouri has the legal authority and legal mechanisms necessary to implement the requirements of 40 CFR 60, Subpart DDDD

- Emissions Guidelines and Compliance Times of Commercial and Industrial Solid Waste Incinerations Units promulgated by EPA on February 7, 2013 (78 FR 9112). The rule action incorporates the regulatory requirements of 40 CFR 60, SUbpart DDDD. Incorporation of this federal regulation into the state rule shifts enforcement authority for existing commercial and industrial solid waste incineration units from EPA to the

state of Missouri.

The Missouri Air Conservation Commission adopted the plan and rule on November 21,2013. The commission has full legal authority to develop rules and state plans pursuant to Section 643.050 of the Missouri Air Conservation Law. The state followed all applicable administrative procedures in proposing and adopting the rule and plan actions.

Enclosed are the required submittal elements for the plan as per 40 CFR 60

, Subpart B, Adoption and Submittal of State Plans for Designated Facilities

. It should be noted that the adopted version of the plan was updated to include the Code of State Regulations version of the rule.



# o**\·.n .:** **OO** P:t fk:rMr. Karl Brooks Page Two

An exact duplicate of this submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator.

A searchable pdf version of the state plan and rule will be provided to the EPA Regional Office.
In addition, a searchable pdf version of the state plan will be posted on the department's website

at http://www.dnr.mo.gov/env/apcp/sips.htm under "Section 111(d) Plans" subheading and a searchable pdf version of the rule is available on the Code of State Regulations website at http://www.sos.mo.gov/adrules/csr/currentl10csrIlOc10-6a.pdf

.

Thank you for your attention to this matter. If you have any questions regarding this submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840 or email at wendy. vit@dnr.mo.gov.

Sincerely,

AIR POLLUTION CONTROL PROGRAM

# ~Cl;t~ Kyra L. Moore Director

KLM:abc

Enclosures:

Copy of rule published in CSR Copy of plan as adopted Copy of commission signature pages certifying Missouri Air Conservation Commission adoption of rule and plan Copy of public hearing web notices for rule and plan Copy of public hearing transcript introductory statements for rule and plan Copy of technical support documentation for rule (if applicable) Copy ofMO Reg proposed rulemaking Copy of MO Reg order of rulemaking with cormhentMresponses Copy of public comments and responses for plan

c: Missouri Air Conservation Commission Project #2013-CISWI-6(5) Test Methods. The testing references forMissouri ambient air quality data are as specified in 10 CSR 10-6.040 Reference Methods.

AUTHORITY: section 643.050, RSMo Supp. 2013.* Original rule filed May 11, 1984, effective Oct. 11, 1984. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed March 13, 2002, effective Nov. 30,2002. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed May 7, 2013, effective Dec. 30, 2013.

*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995, 2011.

10 CSR 10-6.140 Restriction of Emissions Credit for Reduced Pollutant Con

- centrations From the Use of Dispersion Techniques

PURPOSE: This rule implements provisions of federal regulations which restrict credit in the calculation of emission limitations for reduced pollutant concentrations due to the use of dispersion techniques.

(1) Applicability. This rule shall apply to the procedures to account for emission dispersiontechniques used in the calculation of any emission limitation or any revision of any limitation to be established by the director or to be considered for establishment by the Missouri Air Conservation Commission (MACC). This rule also requires that all emission limitations established by the director or by the MACC after December 31, 1970, be reviewed for compliance with this rule.

(2) General.

(A) The degree of emission limitation required of any installation for control of anyair pollutant must not be affected by that portion of any installation’s stack height that exceeds good engineering practice (GEP) or by any other dispersion technique, except as provided in section (3).

(B) Before the director or the MACC establishes an emission limitation that is based on a GEP stack height that exceeds the formula GEP height allowed by 10 CSR 10- 6.020(2)(G)2.B., the director must notify the public of the availability of the demonstrationstudy and must provide opportunity for public hearing on it.

(C) This rule does not restrict the actual stack height of any installation or the use of any dispersion technique by any installation.

(3) Exemptions. The provisions of section (2) shall not apply to emission limitation credits from— (A) Stack heights on which construction commenced on or before December 31,1970, except where pollutants are being emitted from the stacks by source operations which were constructed, or reconstructed or on which major modifications were carried out after December 31, 1970; or

(B) Dispersion techniques implemented before December 31, 1970, except where these dispersion techniques are being applied to source operations which were constructed,or reconstructed or on which major modifications were carried out after December 31, 1970.

AUTHORITY: section 643.050, RSMo Supp. 1992.* Original rule filed Jan. 6, 1986, effective May 11, 1986.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992.

10 CSR 10-6.150 Circumvention

PURPOSE: This rule prohibits the installa tion or use of any device or means which conceals or dilutes an emission violating a rule.

(1) No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted,conceal or dilute an emission or air contaminant which violates a rule of the Missouri Air Conservation Commission.

AUTHORITY: section 643.050, RSMo Supp. 1992.* This rule was previously filed as 10 CSR 10-2.090, 10 CSR 10-4.130 and 10 CSR 10-5.230. Original rule filed April 18, 1990, effective Nov. 30, 1990.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992.

10 CSR 10-6.160 Medical Waste and Solid Waste Incinerators

Editor’s Note: On March 29, 1993, the Circuit Court of Cole County found that 10 CSR10-6.160 was void since it exceeds the statutory cost analysis requirements of sections 536.200 and 536.205, RSMo.

10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators

.
PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing commercial and industrial solidwaste incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 78 FR 9112, dated February 7, 2013.

(1) Applicability.

(A) This rule applies to commercial and industrial solid waste incinerator (CISWI) units, defined by section (2) of this rule, as follows: 1. Energy recovery units, waste burning kilns, and small remote incinerators that commenced construction on or before June 4,2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013;2. Other CISWI incinerators that commenced construction on or before November30, 1999 and were not modified or reconstructed after June 1, 2001; and3. Other CISWI incinerators that commenced construction after November 30,1999, but no later than June 4, 2010, or commenced modification or reconstruction on or after June 1, 2001 but no later than August 7, 2013.

(B) If the owner or operator of a CISWI unit makes changes that meet the definition of modification or reconstruction on or afterJune 1, 2001, the CISWI unit becomes subject to 40 CFR 60 subpart CCCC and the CISWI state plan no longer applies to that unit.

(C) Exemptions to this rule are as follows:

1. This rule does not apply to combustion units listed in 40 CFR 60.2555; and 2. If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to complywith the CISWI state plan, 40 CFR 60 subpart CCCC does not apply to that unitbecause such changes do not qualify as modifications or reconstructions under 40 CFR 60 subpart CCCC.

(2) Definitions.

(A) The provisions of 40 CFR 60.2875, promulgated as of February 7, 2013, shallapply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(B) Definitions of certain terms specifiedin this rule, other than those defined in subsection (2)(A) of this rule, may be found in 10 CSR 10-6.020.

(3) General Provisions. The following references to 40 CFR 60.2575 through 60.2735,

CODE OF STATE REGULATIONS 109 J ASON K ANDER (2/28/14) Secretary of State Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-640 CFR 60.2805 through 60.2870, and 40 CFR 60, Subpart DDDD Tables 1 through 9, promulgated February 7, 2013, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(A) Increments of Progress—40 CFR 60.2575 through 60.2615 and 40 CFR 60.2815 through 60.2855;

(B) Waste Management Plan—40 CFR 60.2620 through 60.2630;

(C) Operator Training and Qualification— 40 CFR 60.2635 through 60.2665;

(D) Emission Limitations and Operating Limits—40 CFR 60.2670 through 60.2685 and 40 CFR 60.2860;

(E) Performance Testing—40 CFR 60.2690 through 60.2695;

(F) Initial Compliance Requirements—40 CFR 60.2700 through 60.2706;

(G) Continuous Compliance Requirements—40 CFR 60.2710 through 60.2725;

(H) Monitoring—40 CFR 60.2730 through 60.2735 and 40 CFR 60.2865;

(I) Title V Operating Permits—40 CFR 60.2805; and

(J) Table 1 through Table 9. The compliance dates for the increments of progress

are— 1. For Increment 1, the final control plan must be submitted within one (1) year of the effective date of this rule; and 2. For Increment 2, for CISWI units that commenced construction on or before June 4, 2010, the final compliance date is February 7, 2018.

(K) General reference notes:

1. Units applicable under paragraph (1)(A)1. of this rule must comply with the emission limits as follows: A. For energy recovery units, Table 7 of 40 CFR 60 subpart DDDD; B. For waste burning kilns, Table 8 of 40 CFR 60 subpart DDDD; and C. For small remote incinerators, Table 9 of 40 CFR 60 subpart DDDD; 2. Units applicable under paragraph (1)(A)2. of this rule, Table 2 of 40 CFR 60 subpart DDDD; and 3. Units applicable under paragraph (1)(A)3. of this rule, Table 6 of 40 CFR 60subpart DDDD or Table 1 of 40 CFR 60 subpart CCCC, whichever is more stringent.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.2740 through 60.2800 and 40 CFR 60.2870, promulgated as ofFebruary 17, 2013, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo Supp. 2013.* Original rule filed July 12, 2013, effective March 30, 2014

.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992.

1 0 CSR 10-6.165 Restriction of Emission of Odors

PURPOSE: This rule restricts the emission ofexcessive odorous matter. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are minutesfrom a May 28, 2009, Missouri Air Conservation Commission meeting, letters from Washington University in St. Louis School of Law and the Attorney General’s Office datedOctober 6, 2006, and odor workgroup meeting notes from 2007.

(1) Applicability. This rule shall apply to anyperson that causes, permits, or allows emission of odorous matter throughout the state of Missouri, except—

(A) The provisions of section (3) of thisrule shall not apply to the emission of odorous matter from the pyrolysis of wood in the production of charcoal in a Missouri-type charcoal kiln;

(B) The provisions of section (3) of thisrule shall not apply to the emission of odorous matter from the raising and harvesting of crops nor from the feeding, breeding, and management of livestock or domestic animalsor fowl with the exception of Class IA concentrated animal feeding operations; and

(C) The provisions of this rule shall not apply to emissions of odorized natural gas, or the chemicals used to achieve the regulated odorization of natural gas, inherent to the operations of a natural gas utility.

(2) Definitions.

(A) Modification—Any change to a source of odor emissions or source operations, including odor controls, that causes or could cause an increase in potential odor emissions.

(B) Class IA concentrated animal feeding operation—Any concentrated animal feeding operation with a capacity of seven thousand(7,000) animal units or more and corresponding to the following number of animals by species listed below: (C) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10- 6.020.
(3) General Provisions. No person maycause, permit, or allow the emission of odorous matter in concentrations and frequencies or for durations that odor can be perceivedwhen one (1) volume of odorous air is diluted with seven (7) volumes of odor-free air for two (2) separate trials not less than fifteen (15) minutes apart within the period of one (1) hour. This odor evaluation shall be takenat a location outside of the installation’s property boundary.

(A) Control of Odors from Class IA Concentrated Animal Feeding Operations. Notwithstanding any provision in any otherregulation to the contrary, all Class IA concentrated animal feeding operations shall operate under an odor control plan describingmeasures to be used to control odor emissions that are necessary to maintain compliance with the odor performance standard described in section (3). All new Class IA concentrated animal feeding operations and any operation that expands to become a Class IA concentrated animal feeding operation shall obtain approval from the department for an odor control plan at least sixty (60) days prior to commencement of operation. 1. The odor control plan shall contain the following: A. A listing of all sources of odor emissions and description of how odors are currently being controlled;B. A listing of all potentially innovative and proven odor control options for reducing odor emissions. Odor control options may include odor reductions achieved through: odor prevention, odor capture and treatment, odor dispersion, add-on controldevices, management practices, modifications to feed-stock or waste handling practices, or process changes; C. A detailed discussion of feasible

110 CODE OF STATE REGULATIONS (2/28/14) J ASON K ANDER Secretary of State 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

# SECTION 111(D)/129 STATE PLAN FOR COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATORS IN MISSOURI

A Missouri Section 111(d)/129 State Plan Revision

Prepared for the Missouri Air Conservation Commission

Adopted November 21, 2013

Division of Environmental Quality Air Pollution Control Program P.O. Box 176 1659 East Elm Street Jefferson City, Missouri 65102-0176 Telephone (573) 751-4817

Project #2013-CISWI-6i 

# TABLE OF CONTENTS

I. Introduction .................................................................................................................. ..... 1 II. Inventory of Affected CISWI sources. ............................................................................ 2 III. Inventory of Emissions from Affected CISWI sources. ................................................ 5 IV. Compliance Schedules. ..................................................................................................... 6 V. Emission Limits. .............................................................................................................. .. 6 VI. Operator Training and Qualification Requirements..................................................... 6 VII. Waste Management Plan .................................................................................................. 7 VIII. Testing, Monitoring, and Inspection Requirements. ..................................................... 7 IX. Reporting and Recordkeeping Requirements. ............................................................... 7 X. Public Hearings. .............................................................................................................. .. 7 XI. Title V Permitting Requirements. ................................................................................... 8 XII. State Progress Reports to EPA. ....................................................................................... 8 XIII. Demonstration of Legal Authority and Identification of Enforceable State Mechanism for Implementing th e Emission Guidelines. .............................................. 8ii 

# LIST OF TABLES

1. Inventory of Sources Subject to CISWI Emission Limits

2. Reported Emission Inventory

3. Estimated Emission Inventory

4. Increments of Progress



# LIST OF APPENDICES

A. 40 CFR 60.2500 Subpart DDDD—Emissions Guid elines and Compliance Times for Commercial and Industrial So lid Waste Incineration Units

B. Published State Rule: 10 CSR 10-6.161 Comm ercial and Industrial Solid Waste Incineration Units

C. SCC Codes Used to Identify Possible CISWI Units

D. Combustion Units and Fuels Not Covered Under 40 CFR 60.2500 Subpart DDDD

E. Estimated Emission Calculations

F. Map of Affected Sources

G. Notice of Public Hearing

H. Missouri Air Conservation Law, sections 643.010 -643.070, RSMo1 I. Introduction

On February 7, 2013, the U.S. Environmental Protection Agency (EPA) finalized emission limitations for Commercial and I ndustrial Solid Waste Incineration (CISWI) units and definitions for Non-Hazardous S econdary Materials (NHSM) That Are Solid Waste, both under the same notice at 78 Federa l Register (FR) 9112. This notice was the final decision on the CISWI rule original ly published March 21, 2011 and reconsidered after further public comments were solicited an d received. The notice also included final amendments to the NHSM rule. The definition of solid waste in the NHSM rule determines whether a particular incinerato r is covered under the CISWI rule or under another incinerator rule.

The State of Missouri is issuing a new rulemaki ng to meet its obligations for this federal rule. The new rule is 10 CSR 10-6.161 – Commercial and Industrial Solid Waste Incinerators. The new rule incorporates by reference the model rule contained in the federal rule. This state plan is being issued concurrently with the rulemaking.

The Clean Air Act (CAA) requires that state regulatory agencies implement the emission guidelines and compliance times using a stat e plan developed under sections 111(d) and 129 of the Clean Air Act. Section 111( d) establishes general requirements and procedures on state plan submittals for the control of designated pollutants. Section 129 requires emission guidelines to be promulga ted for all categories of solid waste incineration units, includi ng CISWI units. Section 129 mandates that all plan requirements be at least as protective and restrictive as the promulgated emission guidelines. This includes fi xed final compliance dates, fixed compliance schedules, and Title V permitting requirements for all affect ed sources. Section 129 also requires that state plans be submitted to EPA within one year after EPA’s promulgation of the emission guidelines and compliance times.

The emission guidelines and compliance times are codified in 40 CFR 60, Subpart DDDD (see model rule in Appendix A). Stat e plans must contain specific information and the legal mechanisms necessary to implement the emission guidelines and compliance times. The requirements, as codified in 40 CFR 60.2515, are as follows:

 Inventory of affected CISWI units, incl uding those that have ceased operation but have not been dismantled.

 Inventory of emissions from aff ected CISWI units in [Missouri].

 Compliance schedules for each affected CISWI unit with a final compliance date no later than February 7, 2018 or three (3) years after the effec tive date of state plan approval, whichever is earlier.

 Emission limitations, operator training and qualification requirements, a waste management plan, and operating limits for aff ected CISWI units that are at least as protective as the emission guide lines contained in [ subpart DDDD].

 Performance testing, recordkeeping, and reporting requirements.2  Certification that the hearing on the Stat e plan was held, a list of witnesses and their organizational affiliations, if an y, appearing at the hearing, and a brief written summary of each presentation or written submission.

 Provision for State pr ogress reports to EPA.

 Identification of enforceable State mechani sms that you select ed for implementing the emission guidelines of [ subpart DDDD].

 Demonstration of [Missouri’ s] legal authority to carry out the sections 111(d) and 129 State plan.

Prior to submittal to EPA, the State must make available to the public the state plan and provide opportunity for public comment. The St ate must submit the final plan to EPA. The EPA then has one year to approve or di sapprove the state plan. Plan approval or disapproval will be published in the Federal Re gister. If a plan is disapproved, EPA will state the reason for disapproval in the Federal Register and give the State the opportunity to respond to EPA’s concerns and submit a revised plan.

This document serves to fulfill Missouri’s requirements under CAA Sections 111(d) and 129 for Commercial and Industria l Solid Waste Incinerators.

II. Inventory of Affected CISWI sources.

There are three criteria for determining if a combustion unit is covered under this rule:

 type of incinerator

 date of installation or modification of unit

 type of waste combusted in unit The applicability of affected units is deta iled in 10 CSR 10-6.161 section (1). The definition of commercial and industrial solid waste incineration unit is defined for this purpose in section (2) of 10 CSR 10-6.161. Any exemptions are also detailed in subsection (1)(C) of 10 CSR 10-6.161. A copy of the state rule 10 CSR 10-6.161 can be found in Appendix B.

Combustion units must meet the definition of commercial and industrial incinerators to be covered by this rule. A CISWI un it is defined by CAA Section 129 as “any combustion unit at a commercial or industrial facility that is used to combust solid waste (as defined under RCRA)(40 CFR 60.2265 (NSPS) and 60.2875 (EG)).” Some examples of CISWI units are “incinerators (i.e., units designed to burn dis carded waste materials for the purpose of disposal); small, remote incinerators; ERUs (i.e., units that would be boilers or process heaters if they did not combust solid waste); and waste burning kilns (i.e., units that would be cemen t kilns if they did not combust solid waste).”[78 FR 9118 February 7, 2013]

Existing CISWI units that meet the following installation or modification dates are subject to the emission gui delines in this rule:3 1. Energy recovery units, waste burning k ilns, and small remote incinerators that commenced construction on or before June 4, 2010, or commenced modification or reconstruction af ter June 4, 2010 but no later than August 7, 2013; 2. Other CISWI incinerators that co mmenced construction on or before November 30, 1999 and were not modified or reconstructed after June 1, 2001; and 3. Other CISWI incinerators that commenced construction after November 30, 1999, but no later than June 4, 2010, or commenced modification or reconstruction on or after June 1, 2001 but no later than August 7, 2013.

The final criteria for determining if a particul ar combustion unit is c overed by this rule is the type of waste burned. To be defined as a non-hazardous solid waste under CISWI, amaterial must meet the definitions and exclusions for solid waste (40 CFR 258), nonhazardous material (40 CFR 261), seconda ry material, and NHSM (40 CFR 241).

Solid waste is defined as “any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agri cultural operations, a nd from community activities, but does not include solid or dissolved material s in domestic sewage, or solid or dissolved materials in irri gation return flows or industria l discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nucl ear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).” (40 CFR 258.2)

Hazardous materials are exempted under CISW I because they are regulated under the Resource Conservation and Recovery Act or ot her statutes and/or regulations. A solid waste is defined as hazardous if it is notexcluded as a hazardous waste under 40 CFR 261.4(b); it meets any one of the four defi ned characteristics of hazardous waste: ignitability, corrosivity, reactiv ity, or toxicity (40 CFR 261 Subpa rt C); it is listed as a waste (40 CFR 261 Subpart D) and has not been excluded from Subpart D under 40 CFR 260.20 or 22; it is a mixture of solid and hazar dous waste (see 40 CFR 261.3(a)(2)(iv) for a complete description of mixed wastes); or it is used oil containing more than 1000 parts per million total halogens.

The CISWI rule also covers secondary ma terials, which may not be covered by the definition of solid waste. They are “any ma terial that is not the primary product of a manufacturing or commercial process, and can include post-consumer material, offspecification commercial chemical products or manufacturing chemical intermediates, post-industrial material, and scrap (40 CFR 241.2).“

The NHSM rule itself contains several exemp tions (40 CFR 241.3(b)). These exemptions apply to combusted non-hazardous secondary materials that: are used as fuel that remains in the control of the generato r, are scrapped tires removed fr om vehicles under a managed4 tire collection process, are resinated wood, meeting the le gitimacy criteria under 40 CFR 241.3(d)(2), or are used to produce a fuel or ingredient product (see 40 CFR 241.3(b)(4)).

Sources that cease burning solid waste woul d no longer be subject to Section 129, but would become subject to Section 112. Secti on 112 defines standard s for boilers, process heaters, and cement kilns that do not burn solid waste as fuel. If an existing combustion unit that does not currently qualify as a CISW I unit changes fuel to a solid waste that does qualify as a NHSM under 40 CFR 241, that unit will then be considered a CISWI unit and will be subject to all the requirements of this rule.

The source inventory was init ially generated using the Ai r Pollution Control Program’s (Air Program) emission inventory database , the Missouri Emission Inventory System (MoEIS). The Air Program maintains MoEIS for the purposes of air resource planning, permitting, and compliance. The database contains equipment and emission information for facilities with construction and/or operating permits. Each facility submits data to the Air Program via periodic Emission Inventory Questionnaires (EIQs). The Air Program quality assures the data and enters it into Mo EIS. Air Program st aff queried MoEIS for solid waste incinerators based on Source Clas sification Code (SCC). A total of 29 SCC codes are related to solid waste disposal. Of those 29, 21 are for various types of incinerators. A list of the SCCs used to identify these incinerators is located in Appendix C.

The initial search resulted in 17 sources iden tified as possibly being covered by this rule. These sources were then checked to determine if they were exempt from this rule by incinerator type, date of c onstruction or modification, or type of waste burned (Appendix D). Of those seventeen incinerators, te n have been dismantled and five combust materials that do not qua lify as solid waste.

A list of known affected sources is shown in Table 1. The information includes: FIPS (Federal Information Processing Standards) ID, Plant ID, facility name, county, SCC code, and unit installation da te. There are currently tw o known facilities, with one incineration unit each, affected by this regul ation in the State of Missouri. No new incinerators have been instal led in Missouri since 1999. Maps depicting the locations of affected sources are included fo r reference in Appendix F.

Table 1: Inventory of Sources Subject to CISWI Emission Limits(as of September 2013)
FIPS Plant Facility County SCC Unit Installed

093 0007 Specialty Granules INC Iron 50300101 (Solid Waste Incinerator) 1988

133 0015 McDonald’s Grocery Mississippi 50200101 (Commercial Incinerator) 19875 IV. Inventory of Emissions from Affected CISWI sources.

Section 129(a)(4) of the Clean Air Act lists the pollutants for which numerical emission limits are set. They are particulate matter (tot al and fine), opacity (a s appropriate), sulfur dioxide, hydrogen chloride, oxides of n itrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. The CISWI rule establishes emission limits for each of these pollutants, with the exception of opacity. The EPA removed opacity from the pollutant definition for this rule [78 FR 9140 February 7, 2013].

An emission inventory is included for the a ffected incinerators. Calculations utilize emission factors and throughputs provided in th e facilities’ EIQ. The emission factors were taken from EPA’s webFIRE (Factor In formation REtrieval System) website. The total annual throughput for each facility, in tons of solid waste burned per year, and emission factor, in pounds of pollutant per ton of solid waste burned, were used to calculate annual actual emi ssions, in tons per year.

The total annual actual emissions as reported by the facility for the affected sources are included in Table 2. The pollu tants included in the emission inventory are: particulate matter (PM 10 ), carbon monoxide (CO), sulfur dioxide (SO 2 ), and nitrogen oxides (NO x ). The emission year is based on the most recent complete EIQ submitted by the facility. Missouri’s emission reporting rule, 10 CS R 10-6.110, was promulgated in 2009 and allows for reduced reporting requirements. These reduced requirements allow facilities, such as McDonald’s Grocery Store, to forego submitting a full EIQ if their emissions have varied less than five tons from their last full reported EIQ. Therefore, the emissions listed in Table 2 can be considered re presentative of cu rrent operations.

Table 2: Reported Emission Inventory (in tons/year)

C ounty Plant Plant Name Emission Year Unit Description PM10 CO SO2 NOx

133 0015 MCDONALDS GROCERY STORE 2005 COMMERCIAL INCINERATOR 6.11E-02 1.30E-01 3.25E-02 3.90E-02

093 0007 SPECIALTY GRANULES INC 2011 SOLID WASTE INCINERATOR 2.91E-01 6.20E-01 1.55E-01 1.86E-01

Both facilities have Basi c operating permits, which do not require them to submit emission data for cadmium (Cd), lead (Pb), mercury (Hg), hydrogen chloride (HCl), and dioxins/furans. Emissions for these pollutants were estimated by multiplying the total annual throughput obtained from MoEIS by em ission factors from webFIRE, and AP42 Table 2.1-9. These factors corresponded to th e SCC code for solid waste incinerators. The estimated emissions are shown in Table 3 (calculations are shown in Appendix E).6 Table 3: Estimated Emissi on Inventory (in tons/year)

County Plant Plant Name E mission Year Unit Description Cd Pb Hg HCl Dioxin/ Furans

133 0015 MCDONALDS GROCERY STORE 2005 COMMERCIAL INCINERATOR 3.13E-05 3.67E-04 7.28E-05 2.80E-02 3.82E-08

093 0007 SPECIALTY GRANULES INC 2011 SOLID WASTE INCINERATOR (MANUFACTURE DATE 1988) 1.49E-04 1.75E-03 3.47E-04 1.33E-01 1.82E-07

V. 

### Compliance Schedules.

In subsection (3)(J) of 10 CS R 10-6.161, found in Appendix B, are the two increments of progress that must be met by all units that ar e not expected to be in compliance within one year of the effective date of state pl an approval. The first increment is the submission of a final control plan dictati ng how compliance will be achieved. The second is the final compliance date for all sources to be in compliance with the emission limits. Table 4 summarizes the increments of progress as follows. Additional details on these requirements can be found in 40 CFR 60.2575-2615 and 60.2815-2855, in Appendix A.



### Table 4: Increments of Progress
Milestone Deadline

Final Control Plan Submittal Date October 25, 2014 (or one ye ar after effective date of state rule 10 CSR 10-6.161) Final Compliance Date for units that commenced construction on or before June 4, 2010 February 7, 2018 (or three years after effective date of state plan approval)



### VI. Emission Limits.

This plan and 10 CSR 10-6.161 establish emission limits for all nine designated pollutants listed in the emission guidelines: PM, CO, Cd, Pb, Hg, SO 2 , HCl, dioxins/furans (TMB or TEQ), and NO x . Missouri’s CISWI rule is at least as protective as the emission guidelines because it incor porates by reference the federal emission guidelines at 40 CFR 60, Subpart DDDD. As required by Section 129 of the Clean Air Act, the emission limits are identical to those listed in the promulgated emission guidelines. These emission limits are f ound in subsection (3)(D) of rule 10 CSR 10- 6.161, located in Appendix B.

VII. 

### Operator Training and Qual ification Requirements.

All CISWI operators shall meet the require ments for operator training and qualification as listed in subsection (3 )(C) of rule 10 CSR 10-6.161, found in Appendix B. Each facility is required to have at least one trained and qualif ied CISWI operator on duty or on call. In order to be consid ered a trained and qualified CI SWI operator, an individual7 must pass a CISWI operator training course th at meets the requirements specified in the state rule. Each facility is required to develop site-specifi c information regarding CISWI operation. Each employee who is involved in the operation of the CISWI must review the operating information develope d for the CISWI each year.



### VIII. Waste Management Plan

A waste management plan is a written plan th at identifies both the feasibility and the methods used to reduce or se parate certain components of solid waste from the waste stream in order to reduce or eliminate t oxic emissions from incinerated waste (40 CFR 60.2620 in Appendix A). The source mu st implement measur es identified as practical and feasible, taking into account waste reduction m easures already in place, cost, and potential emission reductions.

IX. 

### Testing, Monitoring, and Inspection Requirements.

Owners or operators of CISWI units shall fo llow the testing, mon itoring, and inspection requirements as stated in subsections (3)(E)-(3)(H) of rule 10 CSR 10-6.161, found in Appendix B. Initial compliance and conti nuous compliance determinations, periodic performance tests, and monitoring of sp ecific operating parameters are among the requirements for applicable CISWI units.

X. 

### Reporting and Recordkeeping Requirements.

Owners or operators of CISWI units shall follow the reportin g and recordkeeping requirements listed in section (4) of state rule 10 CSR 10-6.161, located in Appendix B. Required reports are found in Table 5 of 40 CFR 60 Subpart DDDD (see Appendix A – note that the table is a summary; see referenced sections for complete report requirements). Each facility must maintain records of the performance test and specified operating parameters for five years.

XI. 

### Public Hearings.

In accordance with 40 CFR 60.5015, the Air Prog ram is required to hold a public hearing prior to adoption of this stat e plan and the subsequent s ubmittal to the EPA. The Air Program notified the public and other interest ed parties of an upcoming public hearing and comment period 30 days prior to holding such hearing for this state plan as follows:

 The public comment period for the 111(d)/ 129 state plan opened when it was posted on the Department of Natural Resources’ Air Pollution Control Program website on August 26, 2013 and closed on October 3, 2013, seven days after th e public hearing.

 The public comment period for 10 CSR 10-6.161 began when it was published in the Missouri Register on August 15, 2013 and closed on October 3, 2013.8  The public hearing on the stat e rulemaking and 111(d)/129 plan began at 9:00 a.m., September 26, 2013. The public hearing will be held at the Holiday Inn CoCo Key, 9103 East 39th Street, Kansas City, Missouri.

 Notice of availability of the state rulemaking and 111(d) /129 plan was posted on the Department of Natural Resources’ Air Po llution Control Program website on August 26, 2013 http://dnr.mo.gov/env/ apcp/public-notices.htm

A screenshot of the online public notice with date stamp is included in Appendix G.



### XII. Title V Permitting Requirements.

All CISWI units subject to the EPA-approve d and effective 111(d)/129 state plan are required to apply for and obtain a Title V ope rating permit. Specifi c details regarding permitting requirements are listed in subsection (3)(I) of state rule 10 CSR 10-6.161, located in Appendix B.

XIII. 

### State Progress Reports to EPA.

An annual report must be submitted by the Air Program to the EPA regarding the progress of implementation and enforcem ent of the emission guidelines (40 CFR 60.2515). Progress reports will include co mpliance status; enforcement actions; increments of progress; identi fication of sources that have shut down or started operation; emission inventory information for sources that have started operation; emission inventory and compliance information; and copi es of technical repor ts on all performance testing and monitoring, in cluding concurrent pro cess data (40 CFR 60.25).

XIV. Demonstration of Legal Authority and Identification of Enforceable State Mechanism for Implementing th e Emission Guidelines.

The Missouri Air Conservation Commission (MA CC) is the air pollution control agency for the State. The commission was created to maintain the purity of the air resources of the State; to protect the h ealth, general welfare and physic al property of the people; maximum employment; and the full industrial development of the State by preventing, abating, and controlling air pollution by all pr actical and economically feasible methods. The MACC has the authority, pursuant to Chapter 536, Revised Statutes of Missouri (RSMo), to promulgate rules and regulations to establish standards and guidelines to ensure that the State of Missouri is in comp liance with the provisions of the federal Clean Air Act. The specific powers and duties of the MACC are outlined in section 643.050, RSMo. A copy of the Missouri Air Cons ervation Law, sections 643.010-643.070, RSMo, can be found in Appendix H.

The State of Missouri will use a state rulemaki ng as the legal instrument to enforce these emission guidelines and compliance times. Missour i’s state rule incor porates by reference the promulgated emission guidelines and model rule; therefore it is as protective as the federal regulation. The state rule is 10 CSR 10-6.161 Commercial and Industrial Solid9 Waste Incinerators. This rule will apply to the entir e State. A copy of the state rule, as published in the Code of State Regulations (CSR) on February 28, 2014, can be found in Appendix B. This rule’s effective date is March 30, 2014.10 

# APPENDIX A

40 CFR 60.2500 Subpart DDDD— Emissions Guidelines and Compliance Times for Commerci al and Industrial Solid Waste Incineration Units

Model Rule – Increments of Progress

§ 60.2575 What are my requirements for meeti ng increments of progress and achieving final compliance? If you plan to achieve compliance more than 1 y ear 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 da tes 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 incremen ts of progress must include the three items specified in paragraphs (a) through (c) of this section. (a) Notification that the incremen t of progress has been achieved. (b) Any items required to be submitte d with each increment of progress. (c) Signature of the owner or operator of the CISWI unit.

§ 60.2590 When must I submit the notifications of achievement of increments of progress? Notifications for achieving increments of progress must be postmarked no later than 10 business days after the compliance date for the increment.

§ 60.2595 What if I do not meet an increment of progress? If you fail to meet an increment of progress, you must submit a notificatio n to the Administrator postmarked within 10 business days after the date fo r 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 cale ndar 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 describe d in paragraphs (a)(1) through (5) of this section.11 (1) A description of the devices for air po llution control and process changes that you will use to comply with the emission limita tions and other requirements of this subpart. (2) The type(s) of waste to be burned. (3) The maximum design waste burning capacity. (4) The anticipated maximum charge rate. (5) If applicable, the petition for site-specific operating limits under § 60.2680. (b) Maintain an onsite copy of the final control plan.

§ 60.2605 How do I comply with the increment of progress for achieving final compliance? For the final compliance increment of progress, you must complete all process changes and retrofit construction of control devices, as spec ified in the final control plan, so that, if the affected CISWI unit is brought online, all necessa ry 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 increm ents of progress specified in § 60.2575. (b) If you close your CISWI unit but will restar t 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 perman ently 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 Administra tor by the date your final control plan is due.

Model Rule – Waste Management Plan

§ 60.2620 What is a waste management plan? A waste management plan is a written plan that identifies both the feas ibility and the methods used to reduce or separate certa in components of solid waste from the waste stream in order to reduce or eliminate toxic emissi ons 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 consider ation of the reduction orseparation of wastestream elements such as paper, cardboard, plasti cs, 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 consid ered practical and feasible, based on the effectiveness of waste management measures alr eady in place, the costs of additional measures, the emissions reductions expected to be achie ved, and any other environmental or energy impacts they might have.12 Model Rule – Operator Tr aining and Qualification

§ 60.2635 What are the operator traini ng and qualification requirements? (a) No CISWI unit can be operated unless a fu lly trained and qualified CISWI unit operator is accessible, either at the f acility or can be at the facili ty within 1 hour. The trained and qualified CISWI unit operator may operate the CISWI unit dir ectly or be the direct supervisor of one or more other plant pers onnel who operate the unit. If all qualified CISWI unit operators are temporarily not acce ssible, you must follow the procedures in § 60.2665. (b) Operator training and qua lification must be obtained th rough a State-approved program or by completing the requirements include d 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) thr ough (3) of this section. (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) through (xi) of this section. (i) Environmental concerns, in cluding 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 contro ls and monitoring. (v) Operation of air pollution cont rol equipment and factors affecting performance (if applicable). (vi) Inspection and mainte nance of the incinerator and air pollution control devices. (vii) Actions to prevent and correct malf unctions or to prevent conditions that may lead to malfunctions. (viii) Bottom and fly ash characte ristics and handling procedures. (ix) Applicable Federal, State, and local regulations, in cluding 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. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011]

§ 60.2640 When must the operator training course be completed? The operator training course must be completed by the later of the three dates specified in paragraphs (a) through (c ) of this section. (a) The final compliance date (Increment 2). (b) Six months after CISWI unit startup. (c) Six months after an employee assumes re sponsibility for operati ng the CISWI unit or assumes responsibility for supervisi ng the operation of the CISWI unit.13 § 60.2645 How do I obtain my operator qualification? (a) You must obtain operator qualification by comp leting 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 pa sses the examination requ ired under § 60.2635(c)(2).

§ 60.2650 How do I maintain my operator qualification? To maintain qualification, you must complete an annual review or refreshe r course covering, at a minimum, the five topics described in para graphs (a) through (e ) of this section. (a) Update of regulations. (b) Incinerator operation, incl uding startup and shutdown pr ocedures, waste charging, and ash handling. (c) Inspection and maintenance. (d) Prevention and correction of malfunctions or conditions th at may lead to malfunction. (e) Discussion of operating probl ems encountered by attendees. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011]

§ 60.2655 How do I renew my lapsed operator qualification? You must renew a lapsed operator qualifica tion 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 re peat the initial qualif ication requirements in § 60.2645(a).

§ 60.2660 What site-specific documentation is required? (a) Documentation must be available at the f acility 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 inform ation 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, shutdo wn, and malfunction procedures. (4) Procedures for maintaining proper combustion air supply levels. (5) Procedures for operating the incinerato r and associated air pollution control systems within the standards established under this subpart. (6) Monitoring procedures for demonstr ating 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 burne d during the performance test. (b) You must establish a program for reviewing th e information listed in paragraph (a) of this section with each incinerator operator.14 (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 afte r CISWI unit startup. (iii) Six months after being assi gned to operate the CISWI unit. (2) Subsequent annual reviews of the info rmation 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 spec ified in paragraphs (c)( 1) through (3) of this section. (1) Records showing the names of CISWI un it 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 a ll subsequent annual reviews. (2) Records showing the names of the CI SWI operators who have completed the operator training requirements under § 60.2635, met the criteria for qualification under § 60.2645, and maintained or rene wed 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 a nd/or pager number at which they can be reached during operating hours.

§ 60.2665 What if all the qualified opera tors are temporarily not accessible? If all qualified operators are temporarily not accessi ble (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 spec ified 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 accessi ble for more than 8 hours, but less than 2 weeks, the CISWI unit may be operated by other plant personnel familiar with the operation of the CISWI unit who have completed a review of the information specified in § 60.2660(a) within the past 12 months. Howeve r, you must record the period when all qualified operators were not accessible and includ e this deviation in the annual report as specified under § 60.2770. (b) When all qualified operators are not accessi ble for 2 weeks or more, you must take the two actions that are described in paragr aphs (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 antic ipate that a qualifie d 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, stati ng 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 th e Administrator of the deviation under paragraph (b)(1) of this sec tion. If the Administrator no tifies you that your request to continue operation of the CISWI unit is disapproved, the CISWI unit may continue operation for 90 days, then mu st cease operation. Operation of the unit15 may resume if you meet the two requirement s in paragraphs (b)(2)(i) and (ii) of this section. (i) A qualified operator is accessi ble 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 Limita tions and Operating Limits

§ 60.2670 What emission limitations must I meet and by when? (a) You must meet the emission limitations fo r each CISWI unit, including bypass stack or vent, specified in table 2 of this subpart or tables 6 through 9 of th is 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 incl uding and not limited to startup, shutdown, or malfunction. (b) Units that do not use wet scrubbers must ma intain opacity to less than or equal to the percent opacity (three 1-hour blocks consisting of ten 6-mi nute average opacity values) specified in table 2 of th is subpart, as applicable. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011]

§ 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 parame ters (as specified in table 3 of this subpart) as described in paragraphs (a)(1) th rough (4) of this sec tion 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 ra te is 110 percent of the daily charge rate measured during the most recen t 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 performa nce test demonstrating compliance with the particulate matter emission limitations; or minimum amperage to the wet scrubber, which is calculated as the lowe st 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, whic h is calculated as the lowest 1-hour average liquid flow rate at the inlet to the wet acid gas or particulate matter scrubber measured during the most recent performance test demonstrating compliance with all applicable emission limitations. (4) Minimum scrubber liquor pH, which is ca lculated as the lowest 1-hour average liquor pH at the inlet to the wet acid gas scrubber measured during the most16 recent performance test demonstrati ng 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 l eak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period. In calcu lating this operating time percentage, if inspection of the fabric f ilter demonstrates that no corrective action is required, no alarm time is counted. If correctiv e action is required, each alarm shall be counted as a minimum of 1 hour. If you take l onger 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) voltage and amperage of the electrostatic precipitator collection plates during the particulate matter performan ce test. Calculate the average electric power value (secondary voltage × sec ondary current = secondary elec tric power) for each test run. The operating limit for the electrostatic preci pitator is calculated as the lowest 1-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the pa rticulate matter emission limitations. (e) If you use activated carbon so rbent injection to comply w ith the emission limitations, you must measure the sorbent fl ow rate during the performa nce 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 noncataly tic 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 duri ng the nitrogen oxides performance testing. The operating limits for the selective noncatal ytic reduction are calcu lated as the highest 1-hour average charge rate, lowest secondary chamber temperature, and lowest reagent flow rate measured during the most recent performance test demonstrating compliance with the nitrogen oxides emission limitations. (g) If you use a dry scrubber to comply with the emission limitations, you must measure the injection rate of each sorbent during the pe rformance testing. The operating limit for the injection rate of each sorbent is calculated as the lowest 1- hour average injection rate of each sorbent measured during the most recent performance test demonstrating compliance with the hydrogen chloride emi ssion limitations. For energy recovery units, when your unit operates at lower loads, multip ly your sorbent injection rate by the load fraction, as defined in this subpart, to determ ine the required injection rate (e.g., for 50 percent load, multiply the injec tion rate operating limit by 0.5).17 (h) If you do not use a wet scrubber, electrostatic pr ecipitator, or fabric f ilter to comply with the emission limitations, and if you do not de termine compliance withyour particulate matter emission limitation with a particulate matter CEMS, you must maintain opacity to less than or equal to ten percen t opacity (1-hour block average). (i) If you use a PM CPMS to demonstrate co mpliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (i)(1) through (5) of this section. (1) During the initial performance test or a ny such subsequent performance test that demonstrates compliance with the PM limit, record all hourly average output values (milliamps) from the PM CPMS for the periods corresponding to the test runs (e.g., three 1-hour average PM CPMS output values for three 1-hour test runs). (i) Your PM CPMS must provide a 4-20 milliamp output and the establishment of its relations hip to manual reference method measurements must be determined in units of milliamps. (ii) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to at least two times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to two times your allowable emission limit. (iii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp output values from the PM CPMS for the periods corresponding to the compliance test runs (e.g., average all your PM CPMS output values for three corres ponding 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 ope rating limit by establishing a relationship of PM CPMS signal to PM concentrati on using the PM CPMS instrument zero, the average PM CPMS valu es corresponding to the thre e compliance test runs, and the average PM concentration from the Method 5 or performance test with the procedures in (i)(1)throu gh (5) of this section. (i) Determine your instrument zero output with one of the following procedures: (A) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench. (B) Zero point data for extractiv e instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air. (C) The zero point can also can be established obtained by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations ( e.g., when your process is not operati ng, but the fans are operating or your source is combusting only natura l gas) and plotting these with the compliance data to find the zero intercept.18 (D) If none of the steps in paragra phs (i)(2)(i) throug h (iv) of this section are possible, you must use a zero output value provided by the manufacturer. (ii) Determine your PM CPMS instrument average in milliamps, and the average of your corresponding thr ee PM compliance test runs, using equation 5.

Where: X 1 = the PM CPMS data points for the three runs constituting the performance test, Y 1 = the PM concentration value for the three runs constituting the performance test, and n = the number of data points. (iii) With your instrument zero expresse d 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.

Where: R = the relative mg/dscm per milliamp for your PM CPMS, Y 1 = the three run average mg/dscm PM concentration, X 1 = the three run average milliamp output from you PM CPMS, and z = the milliamp equivalent of your instrument zero determined from (2)(i). (iv) Determine your source specific 30-day rolling average operating limit using the mg/dscm per milliamp value from Equation 6 in equation 7, below. This sets your operating li mit at the PM CPMS output value corresponding to 75% of your emission limit.

Where: O l = the operating limit for your PM CPMS on a 30-day rolling average, in milliamps. L = your source emission lim it 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 complianc e 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 paragraph (i)(5) of this section.19 Where: X 1 = the PM CPMS data points for all runs i, n = the number of data points, and O h = your site specific oper ating limit, in milliamps. (4) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is oper ating and the PM CPMS is not out-ofcontrol. You must demonstrate cont inuous compliance by using all qualityassured 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 te st report must also incl ude the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g., beta attenuation), spanof 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. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15771, Mar. 21, 2011; 78 FR 9196, Feb. 7, 2013]

§ 60.2680 What if I do not use a wet scrubber, fabr ic filter, activated ca rbon injection, selective noncatalytic reduction, an electros tatic precipitator, or a dry scrubber to comply with the emission limitations? (a) If you use an air pollution control device other than a wet scrubber, activated carbon injection, selective noncatalytic reduction, fabric filter, an elec trostatic precipitator, or a dry scrubber or limit emissions in some other manner, including mass balances, to comply with the emission limitations under § 60.2670, you must petition the EPA Administrator for specific operating limits to be established during the initial performance test and continuously monitored thereafter. You must submit the petition at least sixty days before the performance test is scheduled to begin. Your petition must include the five items listed in paragraphs (a)(1) through (5) of this section. (1) Identification of the specific para meters you propose to use as additional operating limits. (2) A discussion of the relationship betw een these parameters and emissions of regulated pollutants, identifying how emi ssions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of re gulated pollutants. (3) A discussion of how you will establish the upper and/or lower values for these parameters which will establish the operating limits on these parameters. (4) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters , as well as the relative accuracy and precision of these methods and instruments. (5) A discussion identifying the fre quency and methods for recalibrating the instruments you will use for monitoring these parameters. (b) [Reserved]20 [76 FR 15772, Mar. 21, 2011, as am ended at 78 FR 9197, Feb. 7, 2013]

§ 60.2685 Affirmative defense for violati on of emission standa rds during malfunction. In response to an action to enforce the standa rds set forth in paragraph § 60.2670 you may assert an affirmative defense to a claim for civil penalt ies for violations of such standards that are caused by malfunction, as defined at 40 CFR 60.2. Appropriate pena lties may be assessed if you fail to meet your burden of proving all of the re quirements in the affirmative defense. The affirmative defense shall not be availa ble for claims for injunctive relief. (a) Assertion of affirmative defense. To establish the affirmative defense in any action to enforce such a standard, you mu st timely meet the reporting requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that: (1) The violation: (i) Was caused by a sudden, infreque nt, and unavoidable failure of air pollution control equipment, process equi pment, 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) Was not part of a recurring pa ttern indicative of inadequate design, operation, or maintenance; and (2) Repairs were made as expeditiously as possible when a violation occurred. Offshift and overtime labor were used, to the extent practicable to make these repairs; and (3) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (4) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of lif e, personal injury, or severe property damage; and (5) All possible steps were taken to minimi ze the impact of the violation on ambient air quality, the environment, and human health; and (6) All emissions monitoring and control syst ems were kept in operation if at all possible, consistent with safety and good air pollution cont rol practices; and (7) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (8) At all times, the affected CISWI unit wa s 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 pr imary causes of the malfunction and the violation resulting from the malfunction even t at issue. The analysis shall also specify, using best monitoring methods a nd engineering judgme nt, the amount of any emissions that were th e result of the malfunction. (b) Report. The owner or operator s eeking to assert an affirmative defense shall submit a written report to the Admini strator with all necessary s upporting documentation, that it has met the requirements set forth in paragr aph (a) of this section. This affirmative defense report shall be incl uded in the first periodic co mpliance, deviation report or21 excess emission report otherwise required afte r the initial occurrence of the violation of the relevant standard (which may be the end of any applicable aver aging period). If such compliance, deviation report or excess emission report is due less than45 days after the initial occurrence of the viol ation, the affirmative defense report may be included in the second compliance, deviation report or ex cess emission report due after the initial occurrence of the violation of the relevant standard. [78 FR 9197, Feb. 7, 2013]

Model Rule – Performance Testing

§ 60.2690 How do I conduct the initia l 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 dur ing 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 pa rt 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 op acity, must be adjusted to 7 percent oxygen using Equation 1 of this section:

C adj = C meas (20.9

− 7)/(20.9

− %O 2 ) (Eq. 1)

Where: C adj = pollutant concentration adjusted to 7 percent oxygen; C meas = pollutant concentration measured on a dry basis; (20.9

− 7) = 20.9 percent oxygen

− 7 percent oxygen (defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; and %O 2 = oxygen concentration measur ed on a dry basis, percent. (g) You must determine dioxins/furans toxi c equivalency by following the procedures in paragraphs (g)(1) through (4) of this section. (1) Measure the concentration of each dioxi n/furan tetra- through octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A. (2) Quantify isomers meeting identification cr iteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomer s meet identificati on criteria 1 and 7. You must quantify the isomers per S ection 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 isomer22 concentration by its corresponding toxic equiva lency factor specified in table 4 of this subpart. (4) Sum the products calculated in accordance w ith paragraph (g)(3) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. (h) Method 22 at 40 CFR part 60, appendix A-7 mu st be used to determine compliance with the fugitive ash emission limit in table 2 of th is subpart or tables 6 through 9 of this subpart. (i) If you have an applicable opacity operat ing 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 tota l mass basis by following the procedures in paragraphs (j)(1) through (3) of this section. (1) Measure the concentration of each dioxi n/furan tetra- through octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A-7. (2) Quantify isomers meeting identification cr iteria 2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether the isomer s meet identificati on criteria 1 and 7. You must quantify the isomers per S ection 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 accordan ce with paragraphs (j )(1) and (2) of this section to obtain the total concentration of dioxins/furans emitted in terms of total mass basis. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15773, Mar. 21, 2011; 78 FR 9198, Feb. 7, 2013]

§ 60.2695 How are the performance test data used? You use results of performance tests to demonstr ate compliance with the emission limitations in table 2 of this subpart or tabl es 6 through 9 of this subpart. [76 FR 15773, Mar. 21, 2011]

Model Rule – Inital Compliance Requirements

§ 60.2700 How do I demonstrate in itial 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 tabl es 6 through 9 of this subpart, to establish complianc e with any opacity operating lim its 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 lis ted 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 conduct a performance evaluation of each continuous monitoring system within 60 days of installation of th e monitoring system. [76 FR 15773, Mar. 21, 2011]23 § 60.2705 By what date must I conduct the initial performance test? (a) The initial performance test must be c onducted 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 indus trial 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 th e 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 industr ial 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 precedi ng the reintroduction of that solid waste in the combustion chamber, you must conduc t a performance test within 60 days commencing or recommencing solid waste combustion. [76 FR 15773, Mar. 21, 2011]

§ 60.2706 By what date must I conduct the in itial air pollution control device inspection? (a) The initial air pollution control device insp ection must be conducte d within 60 days after installation of the cont rol device and the associated CISW I 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 unle ss 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. [76 FR 15773, Mar. 21, 2011]

Model Rule – Continuous Compliance Requirements

§ 60.2710 How do I demonstrate continuous comp liance with the amended emission limitations and the operating limits? (a) Compliance with standards. (1) The emission standards and operating requi rements 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 w ith the definition of CISWI unit, you are subject to the requirements of this subpart at least 6 m onths following the last date of solid waste combustion. Solid waste co mbustion 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 le ss than the solid waste residence time). (3) If you cease combusting solid waste you mu st 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 rema in in compliance with this subpart until the effective date of the waste-to-fuel switch.24 (4) If you own or operate an existing comme rcial 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 da te of the fuel-to-waste switch. You must complete all initial compliance demonstra tions for any Section 112 standards that are applicable to your f acility before you commence or recommence combustion of solid waste. You must provide 30 days prior notice of the e ffective 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 subcat egory under this subpa rt, and any 40 CFR part 63 subpart and subcategory thatwill 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 th e unit will commence combusting; (iv) The date on which you became subj ect to the currently applicable emission limits; (v) The date upon which you will cease co mbusting 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) an d (3) of this section. (5) All air pollution control equipment n ecessary for compliance with any newly applicable emissions limits which appl y as a result of the cessation or commencement or recommencement of com busting solid waste must be installed and operational as of the e ffective 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 com busting solid waste must be installed and operational as of the e ffective 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-wast e switch. Relative accuracy tests must be performed as of the performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate c ontinuous compliance with the particulate matter emission limits). Relative accuracy testi ng for other CEMS need not be repeated if that testing was previo usly 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 EP A Reference Method 9 at 40 CFR part 60.25 Annual performance tests are not required if you use CEMS or continuous opacity monitoring systems to determine compliance. (c) You must continuously monitor the opera ting parameters specified in § 60.2675 or established under § 60.2680 and as specified in § 60.2735. Operation above the established maximum or below the establishe d minimum operating li mits 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 establishe d under § 60.2680 or, for energy recovery units, where the averaging time for each operating parameter is a 30-day rolling, calculated each hour as the average of the previous 720 operating hours. Operation above the established maximum, below the established mi nimum, or outside the allowable range of the operating limits specified in paragraph (a) of this section consti tutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emi ssion and operating limits or to establish new operating limits. Operating limits are conf irmed or reestablished during performance
tests. (d) You must burn only the same types of wast e and fuels used to establish subcategory applicability (for ERUs ) and operating limits during the performance test. (e) For energy recovery units, incinerators, and small remote units, you must perform annual visual emissions test for ash handling. (f) For energy recovery units, you must conduct an annual performance test for opacity using EPA Reference Method 9 at 40 CFR part 60 (e xcept where particulate matter continuous monitoring system or continuous paramete r monitoring systems are used) and the pollutants listed in table 7 of this subpart. (g) For facilities using a CEMS to demons trate compliance with the carbon monoxide emission limit, compliance with the carbon monoxide emission limit may be demonstrated by using the CEMS accord ing 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 per cent oxygen, and are measured at stack oxygen content. Y ou must demonstrate initial compliance with the carbon monoxide emissions limit using a 30-day ro lling average of the 1-hour arithmetic average emission concentrations, incl uding CEMS data during startup and shutdown as defined in this subpart, cal culated using Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. (2) Operate the carbon monoxide continuous emissions monitoring system in accordance with the applicable requirement s of performance specification 4A of appendix B and the quality assurance procedures of appendix F of this part. (h) Coal and liquid/gas energy recovery units with annual average heat input rates greater than 250 MMBtu/hr may elect to demonstrate continuous compliance w ith the particulate matter emissions limit using a particulate ma tter CEMS according to the procedures in § 60.2730(n) instead of the continuous para meter 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 particulat e matter CEMS according to the procedures in § 60.2730(n) instead of particulate matter testing with EPA Method 5 at 40 CFR part26 60, appendix A-3 and, if applicable, the cont inuous opacity monitoring requirements in paragraph (i) of this section. (i) For energy recovery units with annual average heat input rates greater th an or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you must install, operate, certify and maintain a continuous opacity monitoring syst em (COMS) according to the procedures in § 60.2730. (j) For waste-burning kilns, you must conduct anannual 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-bu rning kiln is not equipped with a wet scrubber or dry scrubber, you must determ ine compliance with the hydrogen chloride emission limit using a CEMS as specified in § 60.2730. You must determine compliance with particulate matter usi ng CPMS. You must determine compliance with the mercury emissions limit using a mercury CEMS according to the following requirements: (1) Operate a CEMS in accordance with pe rformance 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 waste-burning kiln operates, hourly me rcury concentration data and stack gas volumetric flow rate data must be obt ained. 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 us ing Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appe ndix 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 measur ed at stack oxygen content. (2) Owners or operators using a mercury continuous emissions monitoring systems must install, operate, calibrate and ma intain an instrument for continuously measuring and recording the mercury ma ss emissions rate to the atmosphere according to the requirements of performance specifications 6 and 12A at 40 CFR part 60, appendix B and quality assura nce 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 CEMS while the raw mill of the in-line kiln/raw mill is operating under normal conditions and including at least one period when the raw mill is off. (k) If you use an air pollution cont rol 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, ata minimum, the following: (1) Inspect air pollution control device(s) for proper operation. (2) Develop a site-specific monitoring pl an according to the requirements in paragraph (l) of this section. This requ irement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under § 60.13(i). (l) For each CMS required in this secti on, you must develop and submit to the EPA Administrator for approval a site-specific m onitoring plan according to the requirements of this paragraph (l) that a ddresses paragraphs (l )(1)(i) through (vi) of this section.27 (1) You must submit this site-specific mon itoring plan at least 60 days before your initial performance evaluation of your continuous m onitoring system. (i) Installation of the c ontinuous monitoring system sampling probe or other interface at a measurement location relative to eachaffected 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 specific ations for the sample interface, the pollutant concentration or parametr ic signal analyzer and the data collection and reduction systems. (iii) Performance evaluation pro cedures 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 proce dures in accordance with the general requirements of § 60.13. (vi) Ongoing recordkeeping and reportin g 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 eval uation of each continuous monitoring system in accordance with your site-specific monitoring plan. (3) You must operate and maintain the c ontinuous monitoring system in continuous operation according to the si te-specific monitoring plan. (m) If you have an operating limit that requires the use of a flow mon itoring system, you must meet the requirements in paragraphs (l ) and (m)(1) through (4) of this section. (1) Install the flow sensor and other nece ssary equipment in a position that provides a representative flow. (2) Use a flow sensor with a measurement se nsitivity at full scale of no greater than 2 percent. (3) Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (4) Conduct a flow monitoring system perf ormance 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 pre ssure 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 pressu re, 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 th e pressure monitoring system operating range, whichever is less. (4) Perform checks at the frequency outlined in your site-specific monitoring plan to ensure pressure measurements are not obstructed (e.g., check for pressure tap pluggage daily).28 (5) Conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan at th e time of each performance test but no less frequently than annually. (6) If at any time the measured pressu re exceeds the manufacturer's specified maximum operating pressure range, c onduct 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. A lternatively, install and verify the operation of a new pressure sensor. (o) If you have an operating limit that require s 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 re presentative 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. (4) Conduct a performance evaluation (includi ng a two-point calibr ation 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 pow er monitoring system for an electrostatic precipitator, you must meet the require ments 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 th e electric power monitoring system in accordance with your monitoring plan at th e time of each performance test but no less frequently than annually. (q) If you have an operating limit that requires the use of a monitori ng system to measure sorbent injection rate ( e.g., weigh belt, weigh hopper, or hopper flow measurement device), you must meet the re quirements 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 l eak detection system to comply with the requirements of this subpart, you must inst all, calibrate, maintain, and continuously operate a bag leak detection system as specifiedin paragraphs (l) a nd (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 ma tter loadings for each exhaust stack, roof vent, or compartment (e.g., for a positive pre ssure fabric filter) of the fabric filter.29 (2) Use a bag leak detection system certifi ed 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 consiste nt with the guidance provided in EPA454/R-98-015 (incorporated by reference, see § 60.17). (4) Use a bag leak detection system equi pped with a device to continuously record the output signal from the sensor. (5) Use a bag leak detection system equippe d with a system that will sound an alarm when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located where it is observed readily by plant operating personnel. (s) For facilities using a CEMS to demonstrat e compliance with the su lfur dioxide emission limit, compliance with the sulfur dioxide em ission limit may be demonstrated by using the CEMS specified in § 60.2730 to measure su lfur dioxide. CEMS data during startup and shutdown, as defined in this subpart, ar e not corrected to 7 percent oxygen, and are measured at stack oxygen content. You must calculate a 30-day rol ling average of the 1- hour arithmetic average emission concentra tions, including CEMS data during startup and shutdown as defined in this subpart, us ing Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur dioxide CEMS must be operated according to performance specificati on 2 in appendix B of this part and must follow the procedures and methods specified in this paragraph(s). Fo r sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for inlet sulfur dioxide CEMS shoul d be no greater than 20 percent of the mean value of the reference method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the reference method and the CEMS, whichever is greater. (1) During each relative accuracy test run of the CEMS required by performance specification 2 in appendix B of this pa rt, collect sulfur dioxide and oxygen (or carbon dioxide) data concurrently (or with in a 30- to 60-minute period) with both the CEMS and the test methods specified in paragraphs (s)(1)(i) and (ii) of this section. (i) For sulfur dioxide, EPA Reference Me thod 6 or 6C, or as an alternative ANSI/ASME PTC 19.10-1981 (incorporat ed 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 CEMS at the inlet to the sulfur dioxide control device must be 125 percent of the maximum estimated hourly potential sulfur dioxide emissions of the unit subject to this rule. The span value of the CEMS at the outlet of the sulfur dioxide control device must be 50 percent of the maximum estimated hourly potential sulfur dioxi de emissions of the unit subject to this rule. (3) Conduct accuracy determinations quarter ly and calibration dr ift tests daily in accordance with procedure 1 in appendix F of this part.30 (t) For facilities using a CEMS to demonstr ate continuous compliance with the nitrogen oxides emission limit, compliance with th e nitrogen oxides emission limit may be demonstrated by using the CEMS specified in § 60.2730 to measure nitrogen oxides. CEMS data during startup and shutdown, as defi ned in this subpart, ar e 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 av erage emission concentration using Equation 19-19 in section 12.4.1 of EPA Reference Me thod 19 at 40 CFR part 60, appendix A-7. The nitrogen oxides CEMS must be operated according to performan ce 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 CEMS required by performance specification 2 of appendix B of this part , collect nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or with in a 30- to 60-minute period) with both the CEMS and the test methods specified in paragraphs (t)(1)(i) and (ii) of this section. (i) For nitrogen oxides, EPA Referen ce 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. (2) The span value of the CEMS must be 125 percent of the maximum estimated hourly potential nitrogen oxi de emissions of unit. (3) Conduct accuracy determinations quarter ly and calibration dr ift 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 dilu ent corrections, the relati onship between oxygen and carbon dioxide levels must be established during the initial performance test according to the procedures and methods sp ecified in paragraphs (t)(4)(i) through (t)(4)(iv) of this sect ion. This relationship ma y be reestablished during performance compliance tests. (i) The fuel factor equation in Method 3B must be used to determine the relationship between oxygen and carb on dioxide at a sampling location. Method 3A, 3B, or as an alte rnative 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 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 appropr iate emission limit(s) using a 30-day rolling average of 1-hour arithmetic av erage emission concentrations, including31 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 percen t oxygen, and are measured at stack oxygen
content. (2) Operate all CEMS in accordance with th e applicable procedures under appendices B and F of this part. (v) Use of the bypass stack at any time is an emissions standards deviation for particulate matter, HCl, Pb, Cd, Hg, NO X , SO 2 , and dioxin/furans. (w) For energy recovery units with a design heat input capacity of 100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, you must install, operate, and maintain an oxygen analyzer system as defined in § 60.2875 according to the procedures in paragraphs (w)(1) through (4) of this section. (1) The oxygen analyzer system must be insta lled by the initial pe rformance test date specified in § 60.2675. (2) You must operate the oxygen trim sy stem within compliance with paragraph (w)(3) of this section at all times. (3) You must maintain the o xygen 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 dur ing the most recent CO performance
test. (4) You must calculate and record a 30 -day rolling averag e 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 w ith annual average heat input ra tes greater than or equal to 250 MMBtu/hour and waste-burning kilns, you must install, calibrate, maintain, and operate a PM CPMS and record the output of th e system as specified in paragraphs (x)(1) through (8) of this se ction. For other energy recovery units, you ma y elect to use PM CPMS operated in accordance with this secti on. 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 scin tillation, beta attenuation, or mass accumulation of the exhaust gas or representative sample. The reportable measurement output from the PM CPMS must be expressed as milliamps. (ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reportin g for each measurement) no longer than 60 minutes. (iii) The PM CPMS must be capable of detecting and res ponding to particulate matter concentrations of no greater than 0.5 mg/actual cubic meter. (2) During the initial performance test or a ny such subsequent performance test that demonstrates compliance with the PM limit, you must adjust the site-specific32 operating limit in accordance with the results of the performance test according to the procedures specified in § 60.2675. (3) Collect PM CPMS hourly average output data for all energy recovery unit or waste-burning kiln operating hours. Express the PM CPMS output as milliamps. (4) Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or waste-burning kiln operating hours data (milliamps). (5) You must collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is oper ating and at the intervals specified in paragraph (x)(1)(ii) of this section, except for periods of monitoring system malfunctions, repairs associated with monitoring syst em malfunctions, required monitoring system quality assurance or quality cont rol activities (incl uding, 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 da ta collected during all ener gy recovery unit or wasteburning kiln operating hours in assess ing the compliance with your operating limit except: (i) Any data collected during monito ring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are no t 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 mon itoring system is out of control, or required monitoring system quality assu rance 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 durin g 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 completi on of the corrective act ions necessary to return the PM CPMS to operation consis tent 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, visu ally inspect the ai r pollution control device; (ii) If inspection of the air pollution c ontrol device identifies the cause of the deviation, take correctiv e action as soon as possible and return the PM CPMS measurement to within the established value; and (iii) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify. Within33 45 days of the deviation, you must re -establish the CPMS operating limit. You are not required to conduct additiona l testing for any deviations that occur between the time of the origin al 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 proce ss operating period (rolling monthly) constitute a violation of this subpart. [76 FR 15773, Mar. 21, 2011, as am ended at 78 FR 9198, Feb. 7, 2013]

§ 60.2715 By what date must I conduct the annual performance test? You must conduct annual performance tests be tween 11 and 13 months of the previous performance test. [76 FR 15777, Mar. 21, 2011]

§ 60.2716 By what date must I conduct the annu al air pollution control device inspection? On an annual basis (no more than 12 months fo llowing the previous annual air pollution control device inspection), you must complete the air pollu tion control device inspection as described in § 60.2706. [76 FR 15777, Mar. 21, 2011]

§ 60.2720 May I conduct performance testing less often? (a) You must conduct annual performance test s according to the sc hedule specified in § 60.2715, with the following exceptions: (1) You may conduct a repeat performance te st 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 re peat performance test at any time. (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 subs equent performance test for any pollutant in table 2 or tables 6 through 9 of this subpart, as a pplicable, 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 poll utant 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 secti on, you may elect to skip conduc ting a performance test for the pollutant for the next 2 years. You mu st conduct a performance test for the pollutant during the third year and no mo re 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 great er 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, cadm ium, 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 subpa rt, as applicable, to this subpart.34 (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 testi ng for a pollutant as provided in paragraph (a)(3) of this secti on and a subsequent performance te st 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 secti on, as applicable, you must conduct annual performance tests for the pollutant ac cording to the schedule specified in paragraph (a) of this section until you qualify for less frequent testing for the pollutant as specified in para graph (a)(3) of this section. (b) [Reserved] [76 FR 15777, Mar. 21, 2011, as am ended at 78 FR 9201, Feb. 7, 2013]

§ 60.2725 May I conduct a repeat performan ce test to establish new operating limits? (a) Yes. You may conduct a repeat performance te st at any time to establish new values for the operating limits. The Administrator may re quest a repeat perfor mance test at any time. (b) You must repeat the performance test if your feed stream is different than the feed streams used during any performance test used to demonstrate compliance.

Model Rule - Monitoring

§ 60.2730 What monitoring equipment must I inst all and what parameters must I monitor? (a) If you are using a wet scrubber to comp ly with the emission limitation under § 60.2670, you must install, calibrate (to manufacture rs' 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 th e requirements of this s ubpart, 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 e ach exhaust stack of the fabric filter. (2) Each bag leak detection system mu st 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 mu st 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 sign al from the sensor.35 (6) The bag leak detection system must be equipped with an alarm system that will alert automatically an operator when anincrease in relative particulate matter emission over a preset level is detected. The alarm must be located where it is observed easily by plant operating personnel. (7) For positive pressure fabric filter syst ems, 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, activatedcarbon, selective noncatalytic reduction, an electrost atic precipitator, or a dry sc rubber to comply with the emission limitations under § 60.2670, you must in stall, calibrate (to the manufacturers' specifications), maintain, and operate the equipment necessary to monitor compliance with the site-specific oper ating limits established us ing the procedures in § 60.2680. (d) If you use activated carbon injection to co mply with the emission limitations in this subpart, you must measure the minimu m sorbent flow rate once per hour. (e) If you use selective noncataly tic 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, wh ichever date comes first, ensure that the affected facilitydoes not operate above the maximum charge rate, or below the minimum secondary chamber te mperature (if app licable to your CISWI unit) or the minimum reagent fl ow 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 pr ecipitator collection plates and maintain the 3-hour block averages at or above the operating limits established during the mercury or particul ate matter performance test. (g) For waste-burning kilns not equipped with a wet scrubber or dry sc rubber, in place of hydrogen chloride testing with EPA Met hod 321 at 40 CFR part 63, appendix A, an owner or operator must install, calibrate, maintain, and operate a CEMS for monitoring hydrogen chloride emissions discharged to th e atmosphere and record the output of the system. To demonstrate continuous complian ce with the hydrogen chloride emissions limit for units other than waste-burning kiln s not equipped with a wet scrubber or dry scrubber, a facility may substitute use of a hydrogen chloride CEMS for conducting the hydrogen chloride annual performance test, monitoring the minimum hydrogen chloride sorbent flow rate, monitoring the minimum scrubber liquor pH. (h) To demonstrate continuous compliance w ith the particulate matter emissions limit, a facility may substitute use of a particulate matter CEMS for conducting the particulate matter annual performance test and other CMS monitoring for PM compliance (e.g., bag leak detectors, ESP secondary power, PM scrubb er pressure).36 (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 th e output of the syst em and analyze the sample according to EPA Method 23 at 40 CFR part 60, appendix A-7. This option to use a continuous automated sampling system takes effect on the date a final performance specification applicable to dioxin/furan from continuous monitors is published in the F EDERAL R EGISTER . 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, calib rate, 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 ca rbon 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 automate d 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 determinativ e technique that can meet performance specification 12B criteria. This option to use a continuous automated sampling system takes effect on the date a final performan ce specification applicable to mercury from monitors is published in the F EDERAL R EGISTER . The owner or operator who elects to continuously sample mercury emissions in stead 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, ca librate, 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 ca rbon sorbent injection is used solely for compliance with the mercury emission limit. (k) To demonstrate continuous compliance w ith the nitrogen oxides emissions limit, a facility may substitute use of a continuous emissions monitoring system for the nitrogen oxides annual performance test to demons trate compliance with the nitrogen oxides emissions limits. (1) Install, calibrate, maintain and operate a continuous emission monitoring system for measuring nitrogen oxides emissions di scharged to the atmosphere and record the output of the system. The requirements under performance specification 2 of appendix B of this part, the quality assu rance procedure 1 of appendix F of this part and the procedures under § 60.13 must be followed for installation, evaluation and operation of the c ontinuous emission monitoring system. (2) Following the date that the initial pe rformance 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 th e hourly emission concentrations using continuous emission monitoring system outlet data. The 1-hour arithmetic averages must be expressed in parts per million by volume (dry basis) and used to calculate the 30-day rolling average c oncentrations. The 1-hour arithmetic averages must be calculated using th e data points required under § 60.13(e)(2).37 (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 comp liance with the sulfur dioxide emissions limits. (1) Install, calibrate, maintain and opera te a CEMS for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system. The requirements under performance specificati on 2 of appendix B of this part, the quality assurance requirements of procedur e 1 of appendix F of this part and the procedures under § 60.13 must be follo wed for installation, evaluation and operation of the CEMS. (2) Following the date that the initial perfor mance test for sulfur dioxide is completed or is required to be completed und er § 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 c oncentrations using CEMS outlet data. The 1-hour arithmetic averages must be e xpressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 30-day rolling average emission concentrations. CEMS data duri ng startup and shutdown, as defined in this subpart, are not corrected to 7 pe rcent oxygen, and are measured at stack oxygen content. The 1-hour arithmetic aver ages 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 CE MS, you must install, operate, certify and maintain a continuous opacity monitoring system according to the procedures in paragraphs (m)(1) through (5) of this sect ion by the compliance date specified in § 60.2670. Energy recovery units that use a particulate matter CEMS to demonstrate initial and continuing complia nce according to the proced ures in § 60.2730(n) are not required to install a continuous opacity mon itoring 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 co ntinuous 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 monito ring 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 , incinerators, and small remote incinerators, an owner or operator may elec t to install, calibrate, maintain and operate a CEMS for monitoring particulate matter emissions discha rged to the atmosphere and record the output of the system. The owner or operator of an affected facility who continuously monitors particulate matter emissions inst ead of conducting performance testing using38 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 CEMS and must co mply with the requirements specified in paragraphs (n)(1) through (13) 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, eval uated and operated in accordance with the requirements of performance specificati on 11 of appendix B of this part and quality assurance requirements of proce dure 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 sy stem 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 equivale nt 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 f acility 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 CEMS specified in paragraph (n) of this section to measure particulate matter. You must calculate a 30-day rolling average of 1-hour arithme tic average emission concentrations, including CEMS data during startup and shutdown, as defined in this subpart, using Equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of this part. (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 CEMS 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 dioxi de)(dry basis) and must be used to calculate the 30-day rolling average emission concentr ations. CEMS data during startup and shutdown, as defined in this subpart, ar e not corrected to 7 percent oxygen, and are measured at stack oxygen content. Th e 1-hour arithmetic averages must be calculated using the data poi nts required under § 60.13(e)(2).39 (10) All valid CEMS data must be used in calculating average emission concentrations even if the minimum CEMS data requireme nts of paragraph (n)(8) of this section
are not met. (11) The CEMS must be operated accord ing to performance specification 11 in appendix B of this part. (12) During each relative acc uracy test run of the CEMS required by performance specification 11 in appendix B of this part, particulate matter and oxygen (or carbon dioxide) data must be collected c oncurrently (or within a 30-to 60-minute period) by both the CEMS and the following test methods. (i) For particulate matter, EPA Re ference 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 a nd daily calibration drift tests must be performed in accordance with procedure 2 in appendix F of this part. (o) To demonstrate continuous compliance w ith the carbon monoxide emissions limit, a facility may substitute use of a continuous automated sampling system for the carbon monoxide annual performance test to demons trate compliance with the carbon monoxide emissions limits. (1) Install, calibrate, maintain, and opera te a CEMS 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 CEMS. (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 de termined based on the 30-day rolling average of the hourly arithmetic average emission concentrations, including CEMS data during startup and shutdown as defined in this subpart, using CEMS outlet data. Except for CEMS data during st artup and shutdown, as defined in this subpart, the 1-hour arithmetic averages mu st 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, ar e not corrected to 7 percent oxygen, and are measured at stack oxygen content. Th e 1-hour arithmetic averages must be calculated using the data poi nts required under § 60.13(e)(2). (p) The owner/operator of an affected source w ith a bypass stack shall install, calibrate (to manufacturers' specifications), maintain a nd operate a device or method for measuring the use of the bypass stack includ ing date, time and duration. (q) For energy recovery units with a heat i nput capacity of 100 MMBtu per hour or greater that do not use a carbon monoxide conti nuous emission monitoring system, you must install, operate and maintain the continuous oxygen monitoring system according to the procedures in paragraphs (q )(1) through (4) of th is section by the compliance date specified in table 1 of this subpart. The oxyge n level shall be monito red at the outlet of the energy recovery unit.40 (1) Each monitor must be installed, ope rated, and maintained according to the applicable procedures under performan ce 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 specificati on 3 of appendix B of this part, oxygen data must be collected conc urrently (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. (4) You must calculate and record a 30 -day rolling averag e 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 av erages must be calcu lated using the data points required under § 60.13(e)(2). (r) For energy recovery units w ith annual average heat input ra tes greater than or equal to 250 MMBtu/hour and waste-burning kilns, you must install, calibrate, maintain, and operate a PM CPMS and record the output of th e system as specified in paragraphs (r)(1) through (8) of this se ction. For other energy recovery units, you ma y elect to use PM CPMS operated in accordance with this secti on. 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 scin tillation, beta attenuation, or mass accumulation of the exhaust gas or representative sample. The reportable measurement output from the PM CPMS must be expressed as milliamps. (ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reportin g for each measurement) no longer than 60 minutes. (iii) The PM CPMS must be capable of detecting and res ponding to particulate matter concentrations of no greater than 0.5 mg/actual cubic meter. (2) During the initial performance test or a ny 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 milliamps.. (4) Calculate the arithmetic 30-day rolling average of all of the hourly average PM CPMS output collected during all energy recovery unit or waste-burning kiln operating hours data (milliamps).41 (5) You must collect data using the PM CPMS at all times the energy recovery unit or waste-burning kiln is oper ating and at the intervals specified in paragraph (r)(1)(ii) of this section, except for periods of monitoring system malfunctions, repairs associated with monitoring syst em malfunctions, required monitoring system quality assurance or quality cont rol activities (incl uding, 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 da ta collected during all ener gy recovery unit or wasteburning kiln operating hours in assess ing the compliance with your operating limit except: (i) Any data collected during monito ring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are no t 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 mon itoring system is out of control, or required monitoring system quality assu rance 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 durin g 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 completi on of the corrective act ions necessary to return the PM CPMS to operation consis tent 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, visu ally inspect the ai r pollution control device; (ii) If inspection of the air pollution c ontrol device identifies the cause of the deviation, take correctiv e action as soon as possible and return the PM CPMS measurement to within the established value; and (iii) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify. Within 45 days of the deviation, you must re -establish the CPMS operating limit. You are not required to conduct additiona l testing for any deviations that occur between the time of the origin al 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 proce ss operating period (rolling monthly) constitute a violation of this subpart.42 (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 duri ng the hydrogen chloride performance test. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15777, Mar. 21, 2011; 78 FR 9201, Feb. 7, 2013]

E DITORIAL N OTE : At 78 FR 9201, Feb. 7, 2013, § 60.2730 was amended by revising (o)(9); however, the amendment could not be incorp orated because (o)(9) doesn't exist.

§ 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 peri ods of monitoring system malfunctions or out-of-control periods, repairs associated withmonitoring system malfunctions or out-ofcontrol periods (as specified in § 60.2770(o) of this part), and required monitoring system quality assurance or quality co ntrol activities including, as ap plicable, 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 cause d in part by poor maintenance or careless operation are not malfunctions. You are required to effect mo nitoring system repairs in response to monitoring system malfunctions or out-of-control periods and to return the monitoring system to operation as expeditiously as practicable. (b) You may not use data re corded during the monitoring system malfunctions, repairs associated with monitoring system malfuncti ons or out-of control periods, or required monitoring system quality assuranc e or control activities in ca lculations used to report emissions or operating levels. You must use a ll the data collected dur ing all other periods in assessing the operation of the contro l device and associated control system. (c) Except for periods of monitoring system ma lfunctions or out-of-control periods, repairs associated with monitoring system malfuncti ons or out-of-control periods, and required monitoring system quality assurance or quality control activities incl uding, as applicable, calibration checks and required zero and span adju stments, failure to collect required data is a deviation of the monitoring requirements. [76 FR 15780, Mar. 21, 2011]

Model Rule – Recordkeeping and Reporting

§ 60.2740 What records must I keep? You must maintain the items (as applicable) as specified in para graphs (a), (b), and (e) through (w) of this section for a pe riod of at least 5 years: (a) Calendar date of each record. (b) Records of the data described in para graphs (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.43 (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 establis h operating limits for controls other than wet scrubbers under § 60.2675(d) thr ough (g) or § 60.2680, you must maintain data collected for all operating parameters used to determine compliance with the operating limits. For energy recovery units using activated carbon injection or a dry scrubber, you must also maintain records of the load fraction and corresponding sorbent inj ection 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 mu st also record the per cent of operating time during each 6-month period that the alarm sounds, calculated as specified in § 60.2675(c). (c)-(d) [Reserved] (e) Identification of calendar dates and times for which data show a deviation from the operating limits in table 3 of this subpart or a deviation from other operating limits established under § 60.2675(d) through (g) or § 60.2680 witha description of the deviations, reasons for such deviations, and a description of corre ctive 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 ope rators who have completed review of the information in § 60.2660(a) as required by § 60.2660(b), including the date of the initial review and all subsequent annual reviews. (h) Records showing the names of the CISWI operators who have completed the operator training requirements under § 60.2635, met the criteria for qualification under § 60.2645, and maintained or renewed their qua lification under § 60.2650 or § 60.2655. Records must include documentation of training, the date s of the initial and refresher training, and the dates of their qualification and all subs equent 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 mon itoring devices as required under § 60.2730. (k) Equipment vendor specifica tions and related op eration 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 quantit y of waste burned and th e 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 re pairs 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 measur ed using continuous monitoring systems.44 (1) All 6-minute average levels of opacity. (2) All 1-hour average concentrations of su lfur 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 da ta during startup and shutdown. (4) All 1-hour average concentrations of carbon monoxide emissions. You must indicate which data are CEMS da ta during startup and shutdown. (5) All 1-hour average concentrations of particulate matter emissions. You must indicate which data are CEMS da ta 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 da ta during startup and shutdown. (8) All 1-hour average percent oxygen concentrations. (9) All 1-hour average PM CPMS readings or particulate ma tter CEMS outputs. (p) Records indicating use of the bypass st ack, including dates, times and durations. (q) If you choose to stack test less frequen tly than annually, consistent with § 60.2720(a) through (c), you must keep a nnual records that document that your emissions in the previous stack test(s) were less than 75 pe rcent of the applicable emission limit and document that there was no change in sour ce operations including fuel composition and operation of air pollution cont rol equipment that would cause emissions of the relevant pollutant to increase within the past year. (r) Records of the occurrence and durat ion 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 malfuncti on to minimize emissions in accordance with § 60.11(d), including correc tive actions to restore malfunctioning process and air pollution cont rol and monitoring equipment to its normal or usual manner of operation. (u) For operating units that combust non-haza rdous secondary materi als that have been determined not to be solid waste pursuant to § 241.3(b)(1), you must keep a record which documents how the secondary material m eets each of the legitimacy criteria under § 241.3(d)(1). If you combust a fuel 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 fuel satisf ies the definition of pr ocessing in § 241.2 and each of the legitimacy criteria in § 241.3(d)(1) of this chapter. If the fuel received a nonwaste determination pursuant to the peti tion process submitted under § 241.3(c), you must keep a record that documents how the fu el satisfies the require ments of the petition process. For operating units that combust non- hazardous secondary materials as fuel per § 241.4, you must keep records documenting that th e material is a listed non-waste under § 241.4(a). (v) Records of the criteria used to establ ish 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 th e unit is proposed to burn is homogeneous.45 (w) Records of the criteria used to establish that the unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material the unit is pr oposed to burn is homogeneous. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15780, Mar. 21, 2011; 78 FR 9204, Feb. 7, 2013] § 60.2745 Where and in what format must I keep my records? All records must be availa ble onsite in either pa per copy or computer-reada ble format that can be printed upon request, unless analternative format is a pproved by the Administrator.

§ 60.2750 What reports must I submit? See table 5 of this subpart for a su mmary of the reporting requirements.

§ 60.2755 When must I submit my waste management plan? You must submit the waste management plan no late r 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 para graphs (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 result s obtained under § 60.2700, as applicable. (b) The values for the site-specific ope rating limits established in § 60.2675 or § 60.2680. (c) If you are using a fabric filter to comply with the emission limitations, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by § 60.2730(b).

§ 60.2765 When must I submit my annual report? You must submit an annual repo rt no later than 12 months following the submission of the information in § 60.2760. You must submit subs equent reports no more than 12 months following the previous report. (If the unit is s ubject to permitting requirements under title V of the Clean Air Act, you may be required by the pe rmit 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 incl ude the ten items listed in paragraphs (a) through (j) of this section. If you have a devi ation 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 a nd ending dates of th e reporting period. (d) The values for the operating limits es tablished pursuant to § 60.2675 or § 60.2680. (e) If no deviation from any emission limita tion 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.46 (f) The highest recorded 3-h our average and the lowest r ecorded 3-hour average, as applicable, for each operating parameter record ed 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 re sults 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 qualifie d 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 ma lfunction of an affected s ource to minimize emissions in accordance with § 60.11(d), including actions taken to correct a malfunction. (l) For each deviation from an emission or ope rating 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 a nnual 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, a nd cause of deviations (including unknown cause, if applicable), as applicab le, and the corrective action taken. (m) If there were periods during which th e continuous monitoring system, including the CEMS, was out of control as specified in para graph (o) of this sec tion, 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 a nd 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 (lowlevel) and high-level checks. (3) The date, time, and duration that each continuous monitoring system was out-ofcontrol, including start and end dates a nd hours and descriptions of corrective actions taken. (4) The date and time that each devia tion 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 th e deviation during th e 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 to tal operating time of the CISWI unit at47 which the continuous monitoring system downtime occurred during that reporting period. (8) An identification of each parameter a nd pollutant that was monitored at the CISWI unit. (9) A brief description of the CISWI unit. (10) A brief description of th e continuous monitoring system. (11) The date of the latest continuous monitoring system certification or audit. (12) A description of any changes in co ntinuous monitoring system, processes, or controls since the la st reporting period. (n) If there were periods during which th e continuous monitoring system, including the CEMS, was not out of control as specified in paragraph (o) of this section, a statement that there were not periods during which th e 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 applicab le calibration drift specifi cation 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 syst em calibration drift exceeds two times the limit in the applicable performance sp ecification 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. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15781, Mar. 21, 2011; 78 FR 9204, Feb. 7, 2013]

§ 60.2775 What else must I report if I have a de viation 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 th e bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporti ng period, or if a performance test was conducted that deviated fr om any emission limitation. (b) The deviation report must be submitted by A ugust 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 th e 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 po llutant 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 de viated from the emission limitations or operating limit requirements. (b) The averaged and recorded data for those dates.48 (c) Durations and causes of the following: (1) Each deviation from emission limitati ons or operating limits and your corrective actions. (2) Bypass events and your corrective actions. (d) A copy of the operating limit monitoring da ta during each deviation and any test report that documents the emission levels. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15781, Mar. 21, 2011]

§ 60.2785 What else must I report if I have a devi ation 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 w ithin 10 days that includes the three items in paragraphs (a)(1)(i) thr ough (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 wi ll be available. (2) Submit a status report to the Administrator every 4 weeks th at includes the three items in paragraphs (a)(2)(i) th rough (iii) of this section. (i) A description of what you are doing to ensure that a qua lified operator is accessible. (ii) The date when you anticipate that a qualified operator will be accessible. (iii) Request approval from the Admini strator to continue operation of the CISWI unit. (b) If your unit was shut down by the Admini strator, 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 notificati ons or reports that I must submit? (a) Yes. You must submit notif ications as provided by § 60.7. (b) If you cease combusting solid waste but cont inue to operate, you must provide 30 days prior notice of the eff ective date of the waste-to-fuel switch, consistent with § 60.2710(a). The notification must identify: (1) The name of the owner or operator of the CISWI 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, a nd any 40 CFR part 63 subpart and subcategory that will be a pplicable after you cease combusting solid waste; (3) The fuel(s), non-waste material(s) and so lid waste(s) the CISWI unit is currentlycombusting and has combusted over the past 6 months, and the fuel(s) or nonwaste 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 com busting solid waste, and the date (if different) that you intend for any new requi rements to become applicable (i.e., the49 effective date of the waste-to-fuel switch), consistent with pa ragraphs (b)(2) and (3) of this section. [76 FR 15781, Mar. 21, 2011]

§ 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) Submit results of performance tests and CE MS performance evaluation tests as follows. (1) Within 60 days after the date of comp leting 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 Web site 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 media to EPA. The electr onic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/COR E CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Pa ge 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 spec ified by the delegated authority. For any performance test conducted using test met hods that are not listed on the ERT Web site, 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 co mpleting each CEMS performance evaluation test, as defined in this subpart and re quired 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 documente d with the ERT (as listed on the ERT Web site) are subject to this requiremen t. For any performance evaluations with no corresponding RATA pollutants listed on the ERT Web site, the owner or operator shall submit the results of the performance evaluation in paper submissions to the Administrator. [78 FR 9205, Feb. 7, 2013]

§ 60.2800 Can reporting dates be changed? If the Administrator agrees, you may change the semiannual or annual reporting dates. See § 60.19(c) for procedures to seek ap proval to change your reporting date.

Model Rule – Title V Operating Permits50 § 60.2805 Am I required to apply for and obtain a Title V operating permit for my unit? Yes. Each CISWI unit and air curt ain incinerator subject to sta ndards under this subpart must operate pursuant to a permit issued under Cl ean Air Act sections 129(e) and Title V. [76 FR 15782, Mar. 21, 2011]

Model Rule – Air Curtain Incinerators

§ 60.2815 What are my requirements for meeti ng increments of progress and achieving final compliance? If you plan to achieve compliance more than 1 y ear 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 da tes 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 incremen ts of progress must include the three items described in paragraphs (a) through (c) of this section. (a) Notification that the incremen t of progress has been achieved. (b) Any items required to be submitted with each increment of progress (see § 60.2840). (c) Signature of the owner or operator of the incinerator.

§ 60.2830 When must I submit the notifications of achievement of increments of progress? Notifications for achieving increments of progress must be postmarked no later than 10 business days after the compliance date for the increment.

§ 60.2835 What if I do not meet an increment of progress? If you fail to meet an increment of progress, you must submit a notificatio n to the Administrator postmarked within 10 business days after the date fo r 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 cale ndar 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 us e to comply with the emission limitations and other requirements of this subpart. (b) Maintain an onsite copy of the final control plan.

§ 60.2845 How do I comply with the increment of progress for achieving final compliance?51 For the final compliance increment of progress, you must complete all process changes and retrofit construction of control devices, as spec ified in the final control plan, so that, if the affected incinerator is brought online, all necessary process ch anges and air po llution 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 increm ents of progress specified in § 60.2815. (b) If you close your incinerator but will rest art it after your final compliance date, you must complete emission control retrofits and meet the emission limitations on the date your incinerator rest arts operation.

§ 60.2855 What must I do if I plan to permanen tly close my air curtain incinerator and not restart it? If you plan to close your incinera tor rather than comply with the State plan, submit a closure notification, including the date of closure, to the Administra tor by the date your final control plan is due.

§ 60.2860 What are the emission limita tions for air curt ain 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. [76 FR 15782, Mar. 21, 2011]

§ 60.2865 How must I monitor opacity for air curtain incinerators? (a) Use Method 9 of appendix A of this part to determine complia nce with the opacity limitation. (b) Conduct an initial test for opacity as speci fied 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 reporti ng requirements for air curtain incinerators? (a) Keep records of results of all initial and annual opacity test s onsite in either paper copy or electronic format, unless the Administrator appr oves 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 da ys following the initial opacity test that includes the information specified in para graphs (c) (1) and (2) of this section. (1) The types of materials you plan to co mbust in your air curtain incinerator.52 (2) The results (as determined by the averag e 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. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15782, Mar. 21, 2011]

§ 60.2875 What definitions must I know? Terms used but not defined in this subpart are defined in the Clean Air Act and subparts A and B of this part. 30-day rolling average means the arithmetic mean of the previous 720 hours of valid operating data. Valid data excludes periods when this unit is not operating. The 720 hours should be consecutive, but not necessarily cont inuous if operations are intermittent. Administrator means the Administrator of the U.S. E nvironmental Protection Agency or his/her authorized representative or Administrato r 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 th e defendant has the burden of proof, and the merits of which are independen tly and objectively evaluated in a judicial or administrative proceeding. Agricultural waste means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), ba gasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other ve getative waste materials generate d 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 combusti on occurs. Incinerators of this type can be constructed above or below ground and with or w ithout refractory walls and floor. (Air curtain incinerators are not to be c onfused with conventional com bustion devices with enclosed fireboxes and controlled air t echnology 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 petroleu m 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 capab le of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., ba ghouse) in order to detectbag failures. A bag leak detection system includes, but is not limited to, an instrument thatoperates on triboelectric, light scattering, light transmittance, or other principle to monitor relative part iculate matter loadings. Burn-off oven means any rack reclamation unit, part r eclamation unit, or drum reclamation unit. A burn-off oven is not an incine rator, waste-burning kiln, an en ergy recovery unit or a small, remote incinerator under this subpart. Bypass stack means a device used for discharging com bustion 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 31.53 CEMS data during startup and shutdown means the following: (1) For incinerators, small remote incine rators, and energy r ecovery 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 datacollected during th e periods of kiln operation that do not include normal operati ons. 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 norm al operating mode. Shutdown begins when feed to the kiln is halted. Chemical recovery unit means combustion units burning ma terials to recover chemical constituents or to produce chemical compounds wher e there is an existing commercial market for such recovered chemical constituents or co mpounds. A chemical recovery unit is not an incinerator, a waste-burning kil n, an energy recovery unit or a small, remote incinerator under this subpart. The following seven types of units are considered chemical recovery units: (1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process. (2) Units burning only spent sulfuric acid used to produce vi rgin sulfuric acid. (3) Units burning only wood or coal f eedstock for the production of charcoal. (4) Units burning only manufacturing byproduc t 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 purifi ed carbon monoxide that is used as an intermediate in the producti on 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. Chemical recovery unit means combustion units burning materials to recover chemical constituents or to produce chemical compounds wher e there is an existing commercial market for such recovered chemical constituents or co mpounds. 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 a nd 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 f eedstock for the production of charcoal. (4) Units burning only manufacturing bypr oduct 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 purifi ed carbon monoxide that is used as an intermediate in the producti on of other chemical compounds. (6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases fo r use in other manufacturing processes.54 (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 stoppi ng or reversing the grow th of malignant cells. Clean lumber means wood or wood products that have b een cut or shaped and include wet, airdried, and kiln-dried wood products. Clean lumb er does not include w ood products that have been painted, pigment-stained, or pressure-t reated 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 industr ial facility that combusts, or has combusted in the preceding 6 months, any solid waste as that term is defi ned in 40 CFR part 241. If the operating unit burns materials other than traditional fuels as define d in § 241.2 that have been discarded, and you do not keep and produce records as required by § 60.2740(u), the operating unit is a CISWI 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 syst em, 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 CI SWI unit boundary starts at the solid waste hopper (if applicable) and exte nds through two areas: The com bustion unit flue gas system, which ends immediately after the last combustion chamber or af ter the waste heat recovery equipment, if any; and the combustion unit botto m ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. Th e CISWI unit includes all ash handling systems connected to the bottom ash handling system. Contained gaseous materialmeans gases that are in a container when that container is combusted. Continuous emission mon itoring system (CEMS) means the total equipment that may be required to meet the data acquisition and availability re quirements 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 sy stem (PM CPMS) is a type of CMS. Cyclonic burn barrel means a combustion device for waste ma terials 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 dr um 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, re mote incinerator under this subpart. Deviation means any instance in which an affected sour ce subject to this subpa rt, or an owner or operator of such a source: (1) Fails to meet any requirement or oblig ation established by this subpart, including but not limited to any emission limitation, operating limit, or operator qualification and accessib ility requirements. (2) Fails to meet any term or condition thatis adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Dioxins/furans means tetra-through octachlorinated di benzo-p-dioxins and dibenzofurans. Discard means, for purposes of this subpart and 40 CFR part 60, subpart DDDD, only, burned in an incineration unit w ithout energy recovery.55 Drum reclamation unit means a unit that burns residues ou t 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 al kaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react w ith and neutralize acid gas in the exhaust stream forming a dry powder material. Sorb ent injection systems in fluidized bed boilers and process heaters are included in this defi nition. A dry scrubber is a dry control system. Energy recovery means the process of recovering ther mal energy from combustion for useful purposes such as steam gene ration or process heating. Energy recovery unit means a combustion unit combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241) for energy recovery. Energy recove ry units include units that would be considered boilers and process heaters if they did not combust solid waste. Energy recovery unit designed to burn biomass (Biomass) means an energy recovery unit that burns solid waste, biomass, and non-coal solid materials but less th an 10 percent coal, on a heat input basis on an annual average, either alone or in combination w ith liquid waste, liquid fuel or gaseous fuels. Energy recovery unit designed to burn li quid waste materials and gas (Liquid/gas) means an energy recovery unit that burns a liquid waste with liquid or ga seous 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 rec overy units designed to burn biomass Fabric filter means an add-on air pollution control devi ce used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse. Foundry sand thermal reclamation unit means a type of part r eclamation unit that removes coatings that are on foundry sand. A foundry sand ther mal reclamation unit is not an incinerator, a waste-burning kiln, an energy r ecovery unit or a small, remote incinerator under this subpart. Incinerator means any furnace used in the process of combusting solid waste (as that term is defined by the Administrator in 40 CFR part 241) for the purpose of reduc ing the volume of the waste by removing combustible ma tter. Incinerator designs in clude single chamber and twochamber. Kiln means an oven or furnace, including any associ ated 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 inci nerator, waste-burning kiln, an energy recovery unit or a small, re mote 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 minimu m 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 radiati on, or both, in concentrations or quantities that exceed applicable Federal or State standards for unr estricted release. Low-level radi oactive 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 r easonably preventabl e failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual56 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 measur ed during the most recent particulate matter or mercury performance test demonstrating comp liance with the applicable emission limits. Modification or modified CISWI unit means a CISWI unit that has been changed later than August 7, 2013, and that meets one of two criteria: (1) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installi ng 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 calcul ate 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 pollu tant emitted for which section 129 or section 111 of the Clean Air Ac t has established standards. Municipal solid waste or municipal-type solid waste means household, commercial/retail, or institutional waste. Household waste includes mate rial discarded by residen tial dwellings, hotels, motels, and other similar permanent or tem porary housing. Commercial /retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanuf acturing activities at industrial facilities, and other similar establishments or f acilities. Institutio nal waste includes materials discarded by schools, by hospitals (nonmedical), by nonmanufacturing activities at prisons and government facilities, and other sim ilar 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 demolit ion wastes (which incl ude railroad ties and telephone poles); clean wood; indus trial process or manufacturi ng wastes; medical waste; or motor vehicles (including motor vehicle parts or vehicle fluff). Opacity means the degree to which emissions redu ce 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 de termine the oxygen content of a gas stream and used to monitor oxygen in the boiler or process heater flue gas, boiler/process heater, firebox, or other appropriate location. This de finition includes oxygen trim systems and certified oxygen CEMS. The source owner or operator is res ponsible to install, calibrate, maintain, and operate the oxygen analyzer system in accordan ce with the manufacturer's recommendations. Oxygen trim system means a system of monitors that is us ed 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/conta iners used to collect and transport the waste material, and animal be dding (if applicable).57 Performance evaluation means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validati ng the continuous monitoring system data. Performance test means the collection of data resulti ng from the execution of a test method (usually three emission test runs) used to de monstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard. Process change means any of the following physical or operational changes: (1) A physical change (maintenance activiti es excluded) to the CISWI unit which may increase the emission rate of any air pollutant to which a standard applies; (2) An operational change to the CISWI unit where a new type of non-hazardous secondary material is being combusted; (3) A physical change (maintenance activities excluded) to the air pollution control devices used to comply with the emission limits for the CISWI 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 un it (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 un it burns the coating overspray off the rack so the rack can be reused. Raw millmeans a ball or tube mill, vertical roller mill or other size reduction equipment, that is not part of an in-line kiln/raw mill, used to grind feed to the appropriate size. Moisture may be added or removed from the feed during the grinding operation. If the raw mill is used to remove moisture from feed materials, it is also, by de finition, a raw material dryer. The raw mill also includes the air separator asso ciated with the raw mill. Reconstruction means rebuilding a CISWI un it and meeting two criteria: (1) The reconstruction begins on or after June 1, 2001. (2) The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the CISWI unit (not including land) updated to current costs (current dollars). To determine what systems are within the boundary of the CI SWI 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 classe s of refuse-derived 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, secret ary, treasurer, or vi ce-president of the corporation in charge of a principal bu siness function, or a ny other person who performs similar policy or decision-maki ng functions for the corporation, or a duly authorized representative of such pe rson if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subj ect to a permit and either: (i) The facilities employ more than 250 persons or ha ve gross annual sales or expenditures exceeding $25 million (i n second quarter 1980 dollars); or58 (ii) The delegation of authority to such representatives is approved in advance by the permitting authority; (2) For a partnership or sole proprietorshi p: a general partner or the proprietor, respectively; (3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranki ng elected official. For the purposes of this part, a principal executive officer of a Federal ag ency includes the chief executive officer having responsibility for the overall operations of a pr incipal 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 th e 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 afte r all waste has been combusted in the primary chamber. Small, remote incinerator means an incinerator that combusts solid waste (as that term is defined by the Administrator in 40 CFR part 241) and com busts 3 tons per day or less solid waste and is more than 25 miles driving distance to the nearest municipal solid waste landfill. Soil treatment unit means a unit that thermally treats petroleum-contaminated soils for the sole purpose of site remediation. A soil treatment unit may be direct-fired or indirect fired. A soil treatment unit is not an incinerator, a waste-bur ning 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 Ad ministrator in 40 CFR part 241) material from commercial or industrial establishments or th e general public (including single and multiple residences, hotels and motels). Su ch term does not include incinera tors or other units required to have a permit under section 3005 of the Solid Wa ste Disposal Act. The term “solid waste incineration unit” does not include: (1) Materials recovery faci lities (including primary or secondary smelters) which combust waste for the primary purpose of recovering metals; (2) Qualifying small power production facilities , as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as uni ts which burn tires or used oil, but not including refuse-derived fuel) for th e production of electric energy or in the case of qualifying cogeneration facilitie s 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, commerci al, heating or cooling purposes; or (3) Air curtain incinerators provided that such incinera tors only burn wood wastes, yard wastes and clean lumber and that su ch air curtain incinerators comply with opacity limitations to be estab lished by the Administrator by rule. Space heater means a unit that meets the requiremen ts of 40 CFR 279.23. A space heater is not an incinerator, a waste-burning ki ln, an energy recovery unit or a small, remote incinerator under this subpart.59 Standard conditions, when referring to units of measure, means a temperature of 68 °F (20 °C) and a pressure of 1 atmos phere (101.3 kilopascals). Startup period means the period of time be tween 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 in 40 CFR part 241). Secondary materials used in Portland cement kilns shall not be deemed to be combusted unle ss they are introduced into the flame zone in the hot end of the kilnor 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 w ood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, ch ips, scraps, slabs, millings, and shavings. Wood waste does not include: (1) Grass, grass clippings, bushes, shrubs, a nd clippings from bushes and shrubs from residential, commercial/retail, instituti onal, or industrial sources as part of maintaining yards or othe r private or public lands. (2) Construction, renovation, or demolition wastes. (3) Clean lumber. [65 FR 75362, Dec. 1, 2000, as amended at 70 FR 55581, Sept. 22, 2005; 76 FR 15782, Mar. 21, 2011; 78 FR 9205, Feb. 7, 2013]

Table 1 to Subpart DDDD of Part 60—Model Ru le—Increments of Progress and Compliance Schedules
Comply with these increments of progress By these dates a
Increment 1—Submit final control plan (Dat es to be specified in state plan).
Increment 2—Final compliance (Dates to be specified in state plan). b

aSite-specific schedules can be used at the discretion of the state.
b The date can be no later than 3 years after the effectiv e 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 appr oval of a revised state plan or February 7, 2018, for CISWI units that commen ced construction on or before June 4, 2010. [76 FR 15784, Mar. 21, 2011, as am ended at 78 FR 9207, Feb. 7, 2013]

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 limitation a 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)60 Carbon monoxide 157 parts per million by dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 10, 10A, or 10B, of appendix A of this part)

Dioxins/furans (toxic equivalency basis) 0.41 nanograms per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Performance test (Method 23 of appendix A of this part)
Hydrogen chloride 62 parts per million by dry volume 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run) Performance test (Method 26 or 26A at 40 CFR part 60, appendix A-8).

Lead 0.04 milligrams per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Performance test (Method 29 of appendix A of this part)
Mercury 0.47 milligrams per dry standard cubic meter 3-run average (1 hour minimum sample time per run) Performance test (Method 29 or 30B at 40 CFR part 60, appendix A-8) or ASTM D6784-02 (Reapproved 2008). 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).
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 ths part)
Sulfur dioxide 20 parts per million by dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 6 or 6c of appendix A of this part)

aAll emission limitations (except for opacity) ar e measured at 7 percent oxygen, dry basis at standard conditions.
b Applies only to incinerators subject to the CI SWI standards through a state plan or the Federal plan prior to June 4, 2010. The date specified in th e state plan can be no la ter than 3 years after the effective date of approval of a revised state plan or February 7, 2018.

c Incorporated by reference, see § 60.17. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15784, Mar. 21, 2011]

Table 3 to Subpart DDDD of Part 60—Model Rule—Operating Limits for Wet Scrubbers61 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 rolling a

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

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

aCalculated each hour as the averag e of the previous 3 operating hours.

Table 4 to Subpart DDDD of Part 60—M odel Rule—Toxic Equivalency Factors
Dioxin/furan isomer Toxic equivalency factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01
octachlorinated dibenzo-p-dioxin 0.001
2,3,7,8-tetrachlorinated dibenzofuran 0.1
2,3,4,7,8-pentachlorinated dibenzofuran 0.5
1,2,3,7,8-pentachlorinated dibenzofuran 0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.0162 octachlorinated dibenzofuran 0.001 [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15785, Mar. 21, 2011]

Table 5 to Subpart DDDD of Part 60—Model Rule—Summary of Reporting Requirements a
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.

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 §§ 60.2765 and 60.2770.

• If a performance test was conducted during the reporting period, the results of the test
• If a performance test was not conducted during the reporting period, a statement that the requirements of § 60.2720(a) were met
• Documentation of periods when all qualified CISWI 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 da te of the last 2 performance tests, a comparison of the emission level you achieved in the63 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 operati onal 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 Deviation Status Report Every 4 weeks following deviation • Description of efforts to have an accessible qualified operator • The date a qualified operator will be accessible • Request for approval to continue operation § 60.2785(a)(2).

Qualified Operator Deviation Notification of Resumed Operation Prior to resuming operation • Notification that you are resuming operation § 60.2785(b)

aThis table is only a summary, see the referenc ed sections of the rule for the complete requirements. [65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15785, Mar. 21, 2011]

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 limitation b Using this averaging time And determining compliance using this method64 Cadmium 0.0026 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 2 dry standard cubic meters) Performance test (Method 29 at 40 CFR part 60, appendix A-8). Use ICPMS for the analytical finish.

Carbon monoxide 17 parts per million dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 10 at 40 CFR part 60, appendix A-4).

Dioxins/furans (total mass basis) 4.6 nanograms per dry standard cubic meter 3-run average (collect a minimum volume of 2 dry standard cubic meters) Performance test (Method 23 at 40 CFR part 60, appendix A-7).

Dioxins/furans (toxic equivalency basis) 0.13 nanograms per dry standard cubic meter 3-run average (collect a minimum volume of 2 dry standard cubic meters) Performance test (Method 23 at 40 CFR part 60, appendix A-7).

Hydrogen chloride 29 parts per million dry volume 3-run average (For Method 26, collect a minimum volume of 60 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run) Performance test (Method 26 or 26A at 40 CFR part 60, appendix A-8).

Lead 0.015 milligrams per dry standard cubic meter. 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.
Mercury 0.0048 milligrams per dry standard cubic meter 3-run average (For Method 29 an ASTM D6784-02 (Reapproved 2008) d , 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). d

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).

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).65 Sulfur dioxide 11 parts per million dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 6 or 6c at 40 CFR part 60, appendix A-4).
Fugitive ash Visible emissions for no more than 5% of the hourly observation period Three 1-hour observation peri ods Visible emission test (Method 22 at 40 CFR part 60, appendix A-7).

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018.
b All emission limitations are measured at 7 per cent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet e ither 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 th at your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of th e other provisions of § 60.2720 are met. For all other pollutants that do not contai n a footnote “c”, your performance te sts for this pollutant for at least 2 consecutive years must show that your emi ssions are at or below 75 percent of this limit in order to qualify for skip testing.
dIncorporated by reference, see § 60.17. [76 FR 15485, Mar. 21, 2011, as am ended at 78 FR 9208, Feb. 7, 2013]

Table 7 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Energy Recovery Units After May 20, 2011 [Date to be specified in state plan] a

For the air pollutant You must meet this emission limitation b Using this averaging time And determining compliance using this method Liquid/Gas Solids

Cadmium 0.023 milligrams per dry standard cubic meter Biomass— 0.0014 milligrams per dry standard cubic meter. c Coal—0.0095 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 2 dry standard cubic meters) Performance test (Method 29 at 40 CFR part 60, appendix A-8). Use ICPMS for the analytical finish.

Carbon monoxide 35 parts per million dry volume Biomass— 260 parts per million dry volume Coal—95 3-run average (1 hour minimum sample time per run) Performance test (Method 10 at 40 CFR part 60, appendix A-4).66 parts per million dry volume

Dioxins/furans (total mass basis) 2.9 nanograms per dry standard cubic
meter Biomass— 0.52
nanograms per dry standard cubic
meter. c Coal—5.1
nanograms per dry standard cubic
meter. c 3-run average (collect a minimum volume of 4 dry standard cubic meter) Performance test (Method 23 at 40 CFR part 60, appendix A-7).

Dioxins/furans (toxic equivalency basis) 0.32
nanograms per dry standard cubic
meter Biomass— 0.12
nanograms per dry standard cubic
meter Coal—0.075
nanograms per dry standard cubic
meter. c 3-run average (collect a minimum volume of 4 dry standard cubic meters) Performance test (Method 23 at 40 CFR part 60, appendix A-7).

Hydrogen chloride 14 parts per million dry volume Biomass— 0.20 parts per million dry volume Coal—13 parts per million dry volume 3-run average (for Method 26, collect a minimum of 120 liters; for Method 26A, collect a minimum volume of 1 dry standard cubic meter) Performance test (Method 26 or 26A at 40 CFR part 60, appendix A-8).

Lead 0.096 milligrams per dry standard cubic meter Biomass— 0.014 milligrams per dry standard cubic meter. c Coal—0.14 milligrams per dry standard cubic meter. 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.

Mercury 0.0024 Biomass— 3-run average (For Performance test (Method67 milligrams per dry standard cubic meter 0.0022 milligrams per dry standard cubic meter Coal—0.016 milligrams per dry standard cubic meter Method 29 and ASTM D6784-02 (Reapproved 2008) d , 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) 29 or 30B at 40 CFR part 60, appendix A-8) or ASTM D6784-02 (Reapproved 2008) d

.

Oxides of nitrogen 76 parts per million dry volume Biomass— 290 parts per million dry volume Coal—340 parts per million dry volume 3-run average (for Method 7E, 1 hour minimum sample time per run) Performance test (Method 7 or 7E at 40 CFR part 60, appendix A-4).

Particulate matter filterable 110 milligrams per dry standard cubic meter Biomass—11 milligrams per dry standard cubic meter Coal—160 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meter) Performance test (Method 5 or 29 at 40 CFR part 60, appendix A-3 or appendix A-8) if the unit has an annual average heat input rate less than or equal to 250 MMBtu/hr; or PM CPMS (as specified in § 60.2710(x)) if the unit has an annual average heat input rate greater than 250 MMBtu/hr.
Sulfur dioxide 720 parts per million dry volume Biomass—7.3 parts per million dry volume Coal—650 parts per million dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 6 or 6c at 40 CFR part 60, appendix A-4).

Fugitive ash Visible emissions for no more than 5 percent of the hourly Visible emissions for no more than 5 percent of the hourly Three 1-hour observation periods Visible emission test (Method 22 at 40 CFR part 60, appendix A-7).68 observation period observation period

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018.
b All emission limitations (excep t 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 th at your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of th e other provisions of § 60.2720 are met. For all other pollutants that do not contai n a footnote “c”, your performance te sts for this pollutant for at least 2 consecutive years must show that your emi ssions are at or below 75 percent of this limit in order to qualify for skip te sting, with the exception of annual performance tests to certify a CEMS or PM CPMS.
dIncorporated by reference, see § 60.17. [78 FR 9209, Feb. 7, 2013]

Table 8 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Waste-Burning Kilns After May 20, 2011 [Date to be specified in state plan.] a

For the air pollutant You must meet this emission limitation b Using this averaging time And determining compliance using this method
Cadmium 0.0014 milligrams per dry standard cubic meter. 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).

Carbon monoxide 110 (long kilns)/790 (preheater/precalciner) parts per million dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 10 at 40 CFR part 60, appendix A-4).

Dioxins/furans (total mass basis) 1.3 nanograms per dry standard cubic meter. c 3-run average (collect a minimum volume of 4 dry standard cubic meters) Performance test (Method 23 at 40 CFR part 60, appendix A-7).

Dioxins/furans (toxic equivalency basis) 0.075 nanograms per dry standard cubic meter. c 3-run average (collect a minimum volume of 4 dry standard cubic meters) Performance test (Method 23 at 40 CFR part 60, appendix A-7).

Hydrogen chloride 3.0 parts per million dry volume. c 3-run average (collect a minimum volume of 1 dry standard cubic meter) or 30-day rolling average if HCl Performance test (Method 321 at 40 CFR part 63, appendix A of this part) or HCl CEMS if a wet scrubber is not used.69 CEMS is being used
Lead 0.014 milligrams per dry standard cubic meter. 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).

Mercury 0.011 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 630 parts per million dry volume 3-run average (for Method 7E, 1 hour minimum sample time per run) Performance test (Method 7 or 7E at 40 CFR part 60, appendix A-4).

Particulate matter filterable 4.6 milligrams per dry standard cubic meter 30-day rolling average PM CPMS (as specified in § 60.2710(x))
Sulfur dioxide 600 parts per million dry 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).

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018.
b All emission limitations are measured at 7 per cent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet e ither 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 th at your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of th e other provisions of § 60.2720 are met. For all other pollutants that do not contai n a footnote “c”, your performance te sts for this pollutant for at least 2 consecutive years must show that your emi ssions are at or below 75 percent of this limit in order to qualify for skip te sting, with the exception of annual performance tests to certify a CEMS or PM CPMS. [78 FR 9210, Feb. 7, 2013]

Table 9 to Subpart DDDD of Part 60—Model Rule—Emission Limitations That Apply to Small, Remote Incinerators After May 20, 2011 [Date to be specified in state plan] a

For the air pollutant You must meet this emission limitation b Using this averaging time And determining compliance using this method70 Cadmium 0.95 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 29 at 40 CFRpart 60, appendix A8).

Carbon monoxide 64 parts per million dry volume 3-run average (1 hour minimum sample time per run) Performance test (Method 10 at 40 CFRpart 60, appendix A4).

Dioxins/furans (total mass basis) 4,400 nanograms per dry standard cubic meter b 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 23 at 40 CFRpart 60, appendix A7).

Dioxins/furans (toxic equivalency basis) 180 nanograms per dry standard cubic meter b 3-run average (collect a minimum volume of 1 dry standard cubic meters) Performance test (Method 23 at 40 CFRpart 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 CFRpart 60, appendix A7).

Hydrogen chloride 300 parts per million dry volume 3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run) Performance test (Method 26 or 26A at 40 CFR part 60, appendix A-8).

Lead 2.1 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters) Performance test (Method 29 at 40 CFRpart 60, appendix A8). Use ICPMS for the analytical finish.
Mercury 0.0053 milligrams per dry standard cubic meter 3-run average (For Method 29 and ASTM D6784-02 (Reapproved 2008), c 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). c

Oxides of nitrogen 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, appendix71 A-4).

Particulate
matter (filterable) 270 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters) Performance test (Method 5 or 29 at 40 CFR part 60, appendix A-3 or appendix A-8).
Sulfur dioxide 150 parts per million dry volume 3-run average (for Method 6, collect a minimum of 20 liters per run; for Method 6C, 1 hour minimum sample time per run) Performance test (Method 6 or 6c at 40 CFR part 60, appendix A-4).

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 February 7, 2018.
b All emission limitations (except for opacity) ar e measured at 7 percen t 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 Incorporated by reference, see § 60.17. [78 FR 9210, Feb. 7, 2013]72 

# APPENDIX B

10 CSR 10-6.161 Commercial and Industr ial Solid Waste Incinerators

.
PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing commercial and industrial solid waste incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 78 FR 9112, dated February 7, 2013.

(1) Applicability. (A) This rule applies to commercial a nd industrial solid wast e incinerator (CISWI) units, defined by section (2) of this rule, as follows: 1. Energy recovery units, waste burning kilns, and small remote incinerators that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013; 2. Other CISWI incinerators that commenced construction on or before November 30, 1999 and were not modified or reconstructed after June 1, 2001; and 3. Other CISWI incinerators that commenced constructi on after November 30, 1999, but no later than June 4, 2010, or commenced modification or reconstruction on or after June 1, 20 01 but no later than August 7, 2013. (B) If the owner or operato r 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 40 CFR 60 subpart CCCC and the CISWI state plan no longer applies to that unit. (C) Exemptions to this rule are as follows: 1. This rule does not apply to combustion units listed in 40 CFR 60.2555; and 2. If the owner or operator of a CI SWI unit makes physical or operational changes to an existing CISWI unit primarily to comply with the CISWI state plan, 40 CFR 60 subpart CCCC does not apply to that unit because such changes do not qualify as modifi cations or reconstructions under 40 CFR 60 subpart CCCC.

(2) Definitions. (A) The provisions of 40 CFR 60.2875, prom ulgated as of February 7, 2013, shall apply and are hereby incorporated by refe rence in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions. (B) Definitions of certain terms specified in this rule, other than those defined in subsection (2)(A) of this rule, may be found in 10 CSR 10-6.020.73 (3) General Provisions. The following references to 40 CFR 60.2575 through 60.2735, 40 CFR 60.2805 through 60.2870, and 40 CFR 60, Subpart DDDD Tables 1 through 9, promulgated February 7, 2013, shall apply and are hereby incorporat ed by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions. (A) Increments of Progress—40 CFR 60.2575 through 60.2615 and 40 CFR 60.2815 through 60.2855; (B) Waste Management Plan—40 CFR 60.2620 through 60.2630; (C) Operator Training and Qu alification—40 CF R 60.2635 through 60.2665; (D) Emission Limitations and Oper ating Limits—40 CFR 60.2670 through 60.2685 and 40 CFR 60.2860; (E) Performance Testi ng—40 CFR 60.2690 through 60.2695; (F) Initial Compliance Requirements—40 CFR 60.2700 through 60.2706; (G) Continuous Compliance Re quirements—40 CFR 60.2710 through 60.2725; (H) Monitoring—40 CFR 60.2730 through 60.2735 and 40 CFR 60.2865; (I) Title V Operating Permits—40 CFR 60.2805; and (J) Table 1 through Table 9. The complia nce dates for the increments of progress

are— 1. For Increment 1, the final control plan must be submitted within one (1) year of the effective da te of this rule; and 2. For Increment 2, for CISWI units that commenced construction on or before June 4, 2010, the final comp liance date is February 7, 2018. (K) General reference notes: 1. Units applicable under paragraph (1)( A)1. of this rule must comply with the emission limits as follows: A. For energy recovery units, Table 7 of 40 CFR 60 subpart DDDD; B. For waste burning kilns, Table 8 of 40 CFR 60 subpart DDDD; and C. For small remote incinerators, Table 9 of 40 CFR 60 subpart DDDD; 2. Units applicable under paragraph (1 )(A)2. of this rule, Table 2 of 40 CFR 60 subpart DDDD; and 3. Units applicable under paragraph (1)( A)3. of this rule, Table 6 of 40 CFR 60 subpart DDDD or Table 1 of 40 CFR 60 subpart CCCC, whichever is more stringent.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.2740 through 60.2800 and 40 CFR 60.2870, promulgated as of Februa ry 17, 2013, shall apply and are hereby incorporated by reference in th is rule, as published by the Offi ce of Federal Register, U.S. National Archives and Records, 700 Penns ylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo Supp. 2012. Original rule filed July 15, 2013

.74 

# APPENDIX C

SCC Codes Used to Identify Possible CISWI Units.

The codes in bold type are the 21 co des that apply to incinerators.

SCC Code SCC Level 1 SCC Level 2 SCC Level 3 SCC Level 4

10200906 External Combustion Boilers Industrial Wood-fired Boiler (< 50,000 Lb Steam) ** Wood/Bark Waste

30100701 Industrial Processes Chemical Manufacturing Carbon Reactivation Chlorine

30101899 Industrial Processes Chemical Manufacturing Other s Not Specified Plastics Production

30103399 Industrial Processes Chemical Manufacturing Other Not Classified Pesticides

30190013 Industrial Processes Chemical Manufacturing Fuel Fired Equipment Natural Gas: Incinerators

30190014 Industrial Processes Chemical Manufacturing Fuel Fired Equipment Process Gas: Incinerators

30400208 Industrial Processes Secondary Metal Production Copper Wire Burning: Incinerator

30801002 Industrial Processes Rubber and Miscellaneous Plastics Products Extruder Plastic Products Manufacturing

39001389 Industrial Processes In-process Fuel Use General Liquid Waste

39001399 Industrial Processes In-process Fuel Use General Liquid Waste

40290013 Petroleum and Solvent Evaporation Surface Coating Operations Fuel Fired Equipment Natural Gas: Incinerator/Afterburner

49000203 Petroleum and Solvent Evaporation Organic Solvent Evaporation Waste Solvent Recovery Operations Incinerator Stack

50100103 Waste Disposal Solid Waste Disposal - Government Municipal Incineration Refuse Derived Fuel

50100505 Waste Disposal Solid Waste Disposal - Government Other Incineration Medical Waste Incinerator, unspecified type, Infectious wastes only

50100508 Waste Disposal Solid Waste Disposal - Government Conical Design (Tee Pee) Wood Refuse Other Incineration

50100515 Waste Disposal Solid Waste Disposal - Government Sludge: Multiple Hearth Other Incineration

50100516 Waste Disposal Solid Waste Disposal - Government Other Incineration Sludge: Fluidized Bed

50200101 Waste Disposal Solid Waste Disposal - Commercial/Institutional Multiple Chamber Incineration

50200102 Waste Disposal Solid Waste Disposal - Commercial/Institutional Si ngle Chamber Incineration75 50200103 Waste Disposal Solid Waste Disposal - Commercial/Institutional Con trolled Air Incineration

50200501 Waste Disposal Solid Waste Disposal - Commercial/Institutional Med Waste Controlled Air Incin-aka Starved air, 2-stg, or Modular comb Incineration: Special Purpose

50200505 Waste Disposal Solid Waste Disposal - Commercial/Institutional Incineration: Special Purpose Medical Waste Incinerator, unspecified type, Infectious wastes only

50300101 Waste Disposal Solid Waste Disposal - Industrial Multiple Chamber Incineration

50300102 Waste Disposal Solid Waste Disposal - Industrial Single Chamber Incineration

50300103 Waste Disposal Solid Waste Disposal - Industrial Incineration Controlled Air

50300104 Waste Disposal Solid Waste Disposal - Industrial Incineration Conical Design (Tee Pee) Municipal Refuse

50300105 Waste Disposal Solid Waste Disposal - Industrial Conical Design (Tee Pee) Wood Refuse Incineration

50300501 Waste Disposal Solid Waste Disposal - Industrial Incineration Hazardous Waste

50300899 Waste Disposal Solid Waste Disposal - Industrial General: Fugitive Emissions Treatment, Storage, Disposal/TSDF76 

# APPENDIX D

Combustion Units and Fuels Not Covere d Under 40 CFR 60.2500 Subpart DDDD

Incinerator types that are not covered by the CI SWI rule because they are covered by other incinerator rules.

Pathological Waste Incinera tion Units 40 CFR 60.2020 (a) Agricultural Waste Incine ration Units 40 CFR 60.2020 (b) Municipal Waste Incinera tion Units 40 CFR 60.2020 (c) Medical Waste Incineration Units 40 CFR 60.2020 (d) Small power production facilities.(except using refuse derived fuel) 40 CFR 60.2020 (e)

Cogeneration facilities. .(except using refuse derived fuel) 40 CFR 60.2020 (f)

Hazardous waste combustion units. 40 CFR 60.2020 (g) Sewage sludge incineration units 40 CFR 60.2020 (n) Other solid waste incinera tion units 40 CFR 60.2020 (o) Materials recovery units. 40 CFR 60.2020 (h) Air curtain incinera tors 40 CFR 60.2020 (i) Burn-off ovens Definitions Space Heaters Definitions

Fuels that are not considered solid waste by the Non-Hazardous Solid Material rule.

Tires Scrap tires that are not discarded and are managed under the oversight of established tire collection program s, including tiresremoved from vehicles and offspecification tires

. Shredded tires from discarded tire pick ups are considered solid waste unless the metal has been removed. (FR preamble of incinerator rule page 9132) http://www.gpo.gov/fdsys/pkg/FR2013-02-07/pdf/2012-31632.pdf Clean cellulosic biomass Definition of waste Kiln If waste material is not introduced into the flame zone in the hot end Processed landfill gas Landfill gas that has been processed is considered commodity fuel Non-hazardous secondary materials used as a fuel in a combustion unit that remain within the control of the generator and that meet the legitimacy criteria specified in NHSM rule77 NHSM rule Clean cellulosic biomass NHSM rule Used oil which meets the specifications outlined in 40 CFR 279.11 NHSM rule

Resinated wood. NHSM rule Coal refuse that has been recovered from legacy piles and processed in the same manner as currently generated coal refuse. NHSM rule

Dewatered pulp and paper sludges that are not discarded and are generated and burned on-site by pulp and paper mills that burn a significant portion of such materials where such dewatered residuals are managed in a manner that preserves the meaningful heating value of the materials. NHSM rule78 

# APPENDIX E

Estimated Emission Calculations

These tables contain the emissi on factors and throughput used to estimate emission calculations for the two known CISWI sources in Table 3:

McDonald's Grocery Store

Source Description Emission Factor (lbs/ton) Throughput (tons/year) Emissions (tons/year) Emission Factor Source

PM10 4.7 26 6.11E-02 webFIRE

CO 10 26 1.30E-01 webFIRE

SO2 2.5 26 3.25E-02 webFIRE

NOx 3 26 3.90E-02 webFIRE

Cd 0.00241 26 3.13E-05 AP42 Section 2.1 Table 9 Uncontrolled

Pb 0.0282 26 3.67E-04 AP42 Section 2.1 Table 9 ESP

Hg 0.0056 26 7.28E-05 AP42 Section 2.1 Table 9 Uncontrolled

HCl 2.15 26 2.80E-02 AP42 Section 2.1 Table 9 Uncontrolled

Dioxin/Furans 2.94E-06 26 3.82E-08 AP42 Section 2.1 Table 9 Uncontrolled

Specialty Granules

Source Description Emission Factor (lbs/ton) Throughput (tons/year) Emissions (tons/year) Emission Factor Source

PM10 4.7 124 2.91E-01 webFIRE

CO 10 124 6.20E-01 webFIRE

SO2 2.5 124 1.55E-01 webFIRE

NOx 3 124 1.86E-01 webFIRE

Cd 0.00241 124 1.49E-04 AP42 Section 2.1 Table 9 Uncontrolled

Pb 0.0282 124 1.75E-03 AP42 Section 2.1 Table 9 ESP

Hg 0.0056 124 3.47E-04 AP42 Section 2.1 Table 9 Uncontrolled

HCl 2.15 124 1.33E-01 AP42 Section 2.1 Table 9 Uncontrolled

Dioxin/Furans 2.94E-06 124 1.82E-07 AP42 Section 2.1 Table 9 Uncontrolled79 

# APPENDIX F

Map of Affected Sources80 

# APPENDIX G

Public Notice – As posted on InternetState Plan Actions on Public Notice

- DNR Page 1 of 1

Jay Nixon, Governor Sara Parker Pauley, Director



## Air Pollution Control Program

Cl ick to receIVe upd ate& 011 ttl I> IS6 ue.



## State Plan Actions

On Public Notice 

### I Proposed for Adoption

On Public Notice

Clean Air Act Section 111 (d)/129 State Plan Revision

- Section 111 (d)/129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

Pursuant to sections 111 (d) and 129 of the Clean Air Act, this plan was developed to demonstrate that the State of Missouri has the legal authority and enforceable mechanism in place to implement and enforce the Emission Guidelines and Compliance Times as set forth by the EPA in 40 CFR 60, Subpart DDDD for existing Commercial and Industrial Solid Waste Incinerators. The plan references legal authority established in chapter 536 of the Revised Statutes of Missouri (RSMo) and the enforceable mechanism provided by the proposed new state rule, 10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators. This plan provides source and emission inventories of affected existing commercial and industrial solid waste incinerators in the state. It also establishes emission limits, operating requirements and compliance times that are consistent with the federal emission guidelines as promulgated.

A public hearing is scheduled for this plan action on September 26, 2013. Comments about this plan action will be accepted through the close of business on October 3, 2013.

Section 111 (d)/ 129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

Submit Comments

Proposed for Adoption

None at this time.

Back to top

8/22/2013 http://dnr.mo.gov/env/apcp/stateplanrevisions.htm8283 

# APPENDIX H
Missouri Air Conservation Law, s ections 643.010 -643.070, RSMo

643.010. This chapter shall be known and ma y be cited as the "Missouri Air Conservation Law". (L. 1965 p. 335 § 1) *Transferred 1986; formerly 203.010

Definitions. 643.020. When used in this chapter and in stan dards, rules and regulations promulgated under authority of this chapter, the following words and phrases mean: (1) "AHERA", Asbestos Hazard Emerge ncy Response Act of 1986 (P.L. 99-519); (2) "Abatement project designe r", an individual who designs or plans AHERA asbestos abatement; (3) "Air cleaning device", any method, proce ss, or equipment which removes, reduces, or renders less obnoxious air contaminants discharged into ambient air; (4) "Air contaminant", any particulate matte r or any gas or vapor or any combination thereof; (5) "Air contaminant source", any and all sour ces of air contaminants whether privately or publicly owned or operated; (6) "Air pollution", the presence in the ambien t air of one or more air contaminants in quantities, of characteristics and of a duration which direc tly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoym ent of life or use of property; (7) "Ambient air", all space outside of buildings, stacks, or exterior ducts; (8) "Area of the state", any geographi cal area designated by the commission; (9) "Asbestos", the asbestiform varieties of chrysotile, cr ocidolite, amosite, anthophyllite, tremolite and actinolite; (10) "Asbestos abatement", the encapsulation, enclosure or removal of asbestoscontaining materials in or froma building or air contaminan t source, or preparation of friable asbestos-containing mate rial prior to demolition; (11) "Asbestos abatement contractor", a ny person who by agreement, contractual or otherwise, conducts asbestos abatement project s at a location other th an his own place of business; (12) "Asbestos abatement projects", an activity undertaken to encapsulate, enclose or remove one hundred sixty square feet or two hundr ed sixty linear feet or thirty-five cubic feet or more of regulated asbestos-contain ing materials from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or more of regulated asbestos-containing materials; (13) "Asbestos abatement supervisor", an indi vidual who directs, c ontrols, or supervises others in asbestos abatement projects; (14) "Asbestos abatement worker", an indi vidual who engages in asbestos abatement projects;84 (15) "Asbestos air sampling professional", an individual who by qualifications and experience is proficient in asbestos abat ement air monitoring. The individual shall conduct, oversee or be responsible for air monitoring of asbestos abatement projects before, during and after the pr oject has been completed; (16) "Asbestos air sampling technician", an individual who has been trained by an air sampling professional to do air monitoring. Such individual conducts air monitoring of an asbestos abatement project before, during a nd after the project ha s been completed; (17) "Asbestos-containing mate rial", any material or produc t which contains more than one percent asbestos; (18) "Class A source", either a class A1, A2 or A3 source as defined in this section; (19) "Class A1 source", any air contaminant source with the pot ential to emit equal to or greater than one hundred tons per year of an air contaminant; (20) "Class A2 source", any ai r contaminant source, which is not a class A1 source, and with the potential, air cleaning devices not c onsidered, to emit equal to or greater than one hundred tons per year of an air contaminant; (21) "Class A3 source", any air contaminant source which emits or has the potential to emit, ten tons per year or more of any hazar dous air pollutant or tw enty-five tons of any combination of hazardous air pollutants, or as defined pursuant to Section 112 of the federal Clean Air Act, as amended, 42 U.S.C. 7412; (22) "Class B source", any air contaminant s ource with the potential , air cleaning devices not considered, to emit equal to or greater than the de minimis amounts of an air contaminant established by the comm ission, but not a class A source; (23) "Commission", the air c onservation commission of the st ate of Missouri created in section 643.040; (24) "Competent person", as defined in the United States Occupational Safety and Health Administration's (OSHA) standard 29 CF R 1926.1101(b). Such person shall also be a certified asbestos abatement supervisor; (25) "Conference, conciliation and persuasi on", a process of verbal or written communications consisting of meetings , reports, correspondence or telephone conferences between authorized representa tives of the department and the alleged violator. The process shall, ata minimum, consist of one offer to meet with the alleged violator tendered by the depa rtment. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate th e alleged violation and shall attempt to agree upon a plan to achieve compliance; (26) "De minimis source", any air contamin ant source with a potential to emit an air contaminant, air cleaning devices not cons idered, less than that established by the commission as de minimis for the air contaminant; (27) "Department", the department of natu ral resources of the state of Missouri; (28) "Director", the director of th e department of na tural resources; (29) "Emergency asbestos project", an as bestos project that must be undertaken immediately to prevent imminent, severe, human exposure or to restor e essential facility operation; (30) "Emission", the discharge or release into the atmos phere of one or more air contaminants; (31) "Emission control regulations ", limitations on the emission of air contaminants into the ambient air;85 (32) "Friable asbestos-contai ning material", any material containing more than one percent, as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 CFR Part 61, Subpa rt M or EPA/600/R-93/116 Method for the Determination of Asbestos in Bulk Building Materials, asbestos that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure; (33) "Grinding", to reduce to powder or small fragments and includes mechanical chipping or drilling; (34) "Inspector", an individual who colle cts and assimilates information used to determine whether asbestos-con taining material is present in a building or other air contaminant sources; (35) "Management planner", an individual, under AHERA, who devises and writes plans for asbestos abatement; (36) "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmenta l Protection Agency as other than minor; (37) "Nonattainment area", any area designa ted by the governor as a "nonattainment area" as defined in the federal Clean Air Act, as amended, 42 U.S.C. 7501; (38) "Nonfriable asbestos-cont aining material", any materi al containing more than one percent asbestos as determined by either th e method specified in appendix E, section 1 Polarized Light Microscopy in 40 CFR Pa rt 61, Subpart M or EPA/600/R-93/116 Method for the Determination of Asbestos in Bulk Building Materials, that , when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure; (39) "Person", any individual, partnership, copartnership, fi rm, company, or public or private corporation, associati on, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties; (40) "Regulated asbestos-contai ning material" or "RACM": (a) Friable asbestos-c ontaining material; (b) Category I nonfriable asbest os-containing material that wi ll be or has been subjected to sanding, grinding, cutti ng, or abrading; or (c) Category II nonfriable asbe stos-containing materi al that has a high probability of becoming or has become crumbled, pulveri zed, or reduced to powder by the forces expected to act on the material in the c ourse of demolition or renovation operations; (41) "School district", seven- director districts, urban sc hool districts, and metropolitan school districts, as defined in section 160.011; (42) "Small business", for the purpose of sections 643.010 to 643.355, a small business shall include any business regulat ed under this chapter, whic h is not a class A source and which employs less than one hundred people and emits less than fifty tons of any regulated pollutant per year a nd less than seventy-five tons of all regulated pollutants or as otherwise defined by the commission by rule. (L. 1965 p. 335 § 2, A.L. 1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1989 H.B. 77, et al., A.L. 1992 S.B. 544, A.L. 1993 S.B. 80, et al., A.L. 1994 S. B. 590, A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.020 CROSS REFERENCE: Nonseverability clause, 640.099

Intent of law--commission to control air pollution.86 643.030. The discharge into the ambient air of air contaminants so as to cause or contribute to air pollution is contrary to the public policy of Missouri and in violation of this chapter. It is the intentand purpose of this chapter to maintain purity of the air resources of the state to protect the healt h, general welfare and physical property of the people, maximum employment and the full i ndustrial development of the state. The commission shall seek the accomplishment of this objective through the prevention, abatement and control of air pollution by all practical and eco nomically feasible methods. (L. 1965 p. 335 § 3) *Transferred 1986; formerly 203.030

Air conservation commission created--members, terms, expenses, meetings. 643.040. 1. There is created hereby an air pollu tion control agency to be known as the "Air Conservation Commission of the Stat e of Missouri", whose domicile for the purposes of sections 643.010 to 643.355 is the de partment of natura l resources of the state of Missouri. The commission shall co nsist of seven members appointed by the governor, with the advice and consent of the senate. No more than four of the members shall belong to the same political party and no two members shall be a resident of and domiciled in the same senatori al district. At the first mee ting of the commission and at yearly intervals thereafter, th e members shall select from among themselves a chairman and a vice chairman. 2. All members shall be representative of the general interest of th e public and shall have an interest in and knowledge of air conser vation and the effects and control of air contaminants. At least three of such member s shall represent agricu ltural, indus trial and labor interests, respectively. The governor shall not appoint any other person who has a substantial interest as defined in secti on 105.450 in any business en tity regulated under this chapter or any business en tity which would be regulated under this chapter if located in Missouri. The commission shall establis h rules of procedure which specify when members shall exempt themselves from par ticipating in discussions and from voting on issues before the commission due to potential conflic t of interest. 3. The members' terms of office shall be four years and until their successors are selected and qualified, except that the term s of those first appointed sha ll be staggered to expire at intervals of one, two and thr ee years after the date of appointment as designated by the governor at the time of appointment. There is no limitation of the number of terms any appointed member may serve. If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties. 4. The commission shall hold at least nine regul ar meetings each year and such additional regular meetings as the chairman deems desirable at a place and time to be fixed by the chairman. Special meetings may be calle d by three members of the commission upon delivery of written notice to each member of the commission. Reasonable written notice of all meetings shall be given to all members of the commission. Four members of the commission shall constitute a quorum. All pow ers and duties conferred upon members of the commission shall be exercised personall y by the members and not by alternates or representatives. All actions of the commission shall be ta ken at meetings open to the public, except as provided in chapter 610. Any member ab sent from four regular87 commission meetings per calendar year for a ny cause whatsoever shall be deemed to have resigned and the vacancy shall be fille d immediately in accordance with subsection 1 and subsection 3 of this section. (L. 1965 p. 335 § 4, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590, A.L. 1998 H.B. 1601, et al., A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.040 CROSS REFERENCE: Nonseverability clause, 640.099

Powers and duties of commission--rules, procedure. 643.050. 1. In addition to any other powers vest ed in it by law the co mmission shall have the following powers: (1) Adopt, promulgate, amend and repeal ru les and regulations c onsistent with the general intent and purpose s of sections 643.010 to 643.355, chapter 536, and Titles V and VI of the federal Clean Air Act, as ame nded, 42 U.S.C. 7661, et seq., including but not limited to: (a) Regulation of use of e quipment known to be a source of air contamination; (b) Establishment of maximum quantities of air contaminants that may be emitted from any air contaminant source; and (c) Regulations necessary to enforce the provisions of Title VI of the Clean Air Act, as amended, 42 U.S.C. 7671, et seq., regarding any Class I or Class II substances as defined therein; (2) After holding public hearings in accordan ce with section 643.070, establish areas of the state and prescribe air quality standard s for such areas giving due recognition to variations, if any, in the characteristics of different areas of the state which may be deemed by the commission to be relevant; (3) (a) To require persons e ngaged in operations which result in air pollution to monitor or test emissions and to file reports cont aining information relating to rate, period of emission and composition of effluent; (b) Require submission to the director for approval of plans and specifications for any article, machine, equipment, device, or ot her contrivance specified by regulation the use of which may cause or cont rol the issuance of air contaminants; but any person responsible for complying with the sta ndards established un der sections 643.010 to 643.355 shall determine, unless found by the dire ctor to be inadequate, the means, methods, processes, equipment and operation to meet the established standards; (4) Hold hearings upon appeals from orders of the director or from any other actions or determinations of the director hereunder fo r which provision is made for appeal, and in connection therewith, issue subpoenas requiri ng the attendance of witnesses and the production of evidence reasonably relating to the hearing; (5) Enter such order or determ ination as may be necessary to effectuate the purposes of sections 643.010 to 643.355. In making its orde rs and determinations hereunder, the commission shall exercise a sound discretion in weighing the equiti es involved and the advantages and disadvantages to the person involved and to those affected by air contaminants emitted by such person as set out in section 643.030. If any small business, as defined by section 643.020, requests inform ation on what would constitute compliance with the requirements of s ections 643.010 to 643.355 or any orde r or determination of the department or commission, the department sha ll respond with written criteria to inform the small business of the actions necessary for compliance. No enforcement action shall88 be undertaken by the department or commi ssion until the small business has had a period of time, negotiated with the depa rtment, to achieve compliance; (6) Cause to be instituted in a court of competent jurisdiction legal proceedings to compel compliance with any final order or determination entered by the commission or the director; (7) Settle or compromise in its discretion, as it may deem advantage ous to the state, any suit for recovery of any penalty or for compelling compliance with the provisions of any rule; (8) Develop such facts and make such investig ations as are consistent with the purposes of sections 643.010 to 643.355, and, in connectio n therewith, to enter or authorize any representative of the depart ment to enter at all reasonable times and upon reasonable notice in or upon any private or public pr operty for the purpose of inspecting or investigating any condition which the commissi on or director shall have probable cause to believe to be an air contaminant source or upon any private or public property having material information relevant to said air contaminant source. The results of any such investigation shall be reduced to writing, a nd a copy thereof shall be furnished to the owner or operator of the property. No person shall refuse entry or access, requested for purposes of inspection under this provision, to an authorized representative of the department who presents appropriate cr edentials, nor obstruct or hamper the representative in carry ing out the inspection. A suitably re stricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge having jurisdiction to any such representative fo r the purpose of enabling him to make such inspection; (9) Secure necessary scientific, technical , administrative and operational services, including laboratory fac ilities, by contract or otherwise, with any educational institution, experiment station, or any board, department, or other agency of any political subdivision or state or the federal government; (10) Classify and identify air contaminants; and (11) Hold public hearings as required by sections 643.010 to 643.355. 2. No rule or portion of a rule promulgate d under the authority of this chapter shall become effective unless it has been promulga ted pursuant to the provisions of section 536.024. 3. The commission shall have the following duties with respect to the prevention, abatement and control of air pollution: (1) Prepare and develop a general comprehens ive plan for the prevention, abatement and control of air pollution; (2) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of sections 643.010 to 643.355; (3) Encourage political subdivisions to handle air pollution problems within their respective jurisdictions to the extent possibl e and practicable and provide assistance to political subdivisions; (4) Encourage and conduct studies, investigations and research; (5) Collect and disseminate information and conduct education and training programs; (6) Advise, consult and cooperate with other agencies of the state, political subdivisions, industries, other states and the federal governme nt, and with interestedpersons or groups;89 (7) Represent the state of Missouri in all ma tters pertaining to in terstate air pollution including the negotiations of inte rstate compacts or agreements. 4. Nothing contained in sections 643.010 to 643.355 shall be deemed to grant to the commission or department any jurisdiction or authority wi th respect to air pollution existing solely within commercia l and industrial plants , works, or shops or to affect any aspect of employer-employee relationship s as to health and safety hazards. 5. Any information relating to secret proce sses or methods of ma nufacture or production discovered through any communication requir ed under this section shall be kept confidential. (L. 1965 p. 335 § 5, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.050 CROSS REFERENCE: Nonseverability clause, 640.099

Commission may adopt rules for complia nce with federal law--suspension, reinstatement--exemption, limitations. 643.055. 1. Other provisions of law notwithst anding, the Missouri air conservation commission shall have the authority to promulgate rules and regulations, pursuant to chapter 536, to establish standard s and guidelines to ensure that the state of Missouri is in compliance with the provisions of the fede ral Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.). The standards and gui delines so established shall not be any stricter than those required under the provisions of the federal Clean Air Act, as amended; nor shall those standards and guideli nes be enforced in any area of the state prior to the time required by the federal CleanAir Act, as amended. The restrictions of this section shall not apply to the parts of a state implementation plan developed by the commission to bring a nonattainment area into compliance and to maintain compliance when needed to have a United States Envi ronmental Protection Agency approved state implementation plan. The determination of whic h parts of a state implementation plan are not subject to the restrictions of this secti on shall be based upon specific findings of fact by the air conservation commission as to the rules, regulations and criteria that are needed to have a United States Environm ental Protection Agency approved plan. 2. The Missouri air conservation commission sh all also have the authority to grant exceptions and variances from the rules set under subsection 1 of this section when the person applying for the exception or variance can show that co mpliance with such rules: (1) Would cause economic hardship; or (2) Is physically impossible; or (3) Is more detrimental to the enviro nment than the variance would be; or (4) Is impractical or of insignifican t value under the existing conditions. (L. 1979 S.B. 21 § 1, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590) *Transferred 1986; formerly 203.055

Powers and duties of director. 643.060. In addition to any other powers vested by law, the direct or shall have the following powers and duties: (1) Retain, employ, provide for, and comp ensate, within appropriations available therefor, such consultants, assistants, deputie s, clerks, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 643.010 to90 643.355 and prescribe the times at which they shall be appointed and their powers and duties; (2) Accept, receive and administer grants or other funds or gifts from public and private agencies including the federal government fo r the purpose of carrying out any of the functions of sections 643.010 to 643.355. The direct or shall apply for a ll available grants and funds authorized and distributed pursuant to Title XI of the federal Clean Air Act, as amended, 29 U.S.C. 1662e, for training, assistan ce and payments to eligible individuals. The director shall report annually to the gover nor and the general assembly the amount of revenue received under Title XI of the Clean Ai r Act and the distributi on of such funds to eligible persons. Funds received by the director pursuant to this section shall be deposited with the state treasurer and held and disbursed by him in accordance with the appropriations of the general assembly. The dir ector is authorized to enter into contracts as he may deem necessary for carrying out the provisions of sections 643.010 to 643.355; (3) Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 643.010 to 643.355; (4) Administer and enforce sections 6 43.010 to 643.355, investigate complaints, issue orders and take all actio ns necessary to implemen t sections 643.010 to 643.355; (5) Receive and act upon reports, plans, speci fications and applications submitted under rules promulgated by the commission. Any pers on aggrieved by any action of the director under this provision shall be entitled to a h earing before the comm ission as provided in section 643.080. The commission may sustain, re verse, or modify any action of the director taken under this provi sion, or make such other order as the commission shall deem appropriate under the circumstances. (L. 1965 p. 335 § 6, A.L. 1972 H.B. 1184, A. L. 1992 S.B. 544, A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.060 CROSS REFERENCE: Nonseverability clause, 640.099

Commission to adopt rules, notice--public hearing. 643.070. 1. The commission shall adopt rules pursuant to chapter 536. The commission shall notify any air pollution control agency w ith a certificate of authority which may be affected by the rule and any person who ha s previously requested notice when the proposed rulemaking is submitted to the secretar y of state for public ation in the Missouri Register. In addition, any inte rested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulati ons, or standards. Any person heard or represented at the hearing or making written request for not ice shall be given written notice of the action of the commission with respect to the subject thereof. 2. Rules shall be approved after public hear ing and shall be approved in writing by at least four members of the commission. 3. Any rule or any amendment or repeal th ereof which is adopted by the commission may differ in its terms and provisions for particular types and cond itions of air pollution or air contamination, for particular air contaminant sour ces, and for particular areas of the state. (L. 1965 p. 335 § 7, A.L. 1972 H.B. 1184, A. L. 1992 S.B. 544, A.L. 1993 S.B. 52) *Transferred 1986; formerly 203.070

## ---------------- Order of Rulemaking



### The Missouri Air Conservation Commission ADOPTS 

### the following action

on this 21st day of November, 2013:

10 CSR 10-6.161 (new rule) 

### Commercial and Industrial Solid Waste Incinerators

, Chairman

________________ , Vice Chairman



### ________________ ,Member

________________ ,Member

, Member

________________ ,Member

________________ ,Member

## -------------------------------- Order of Rulemaking



### The Missouri Air Conservation Commission ADOPTS 

### the following action

on this 21st day of November, 2013:

10 CSR 10-6.161 (new rule) Commercial and Industrial Solid Waste Incinerators

, Chairman

# -£~~~~p~c:::..:.;;'::--**J-) -.La...::** **~1 ~=:===** **==** ______

# =====____.,,~=---, Vice Chairman



### ________________________________ , Member

________________________________ , Member

________________________________ , Member

________________________________ , Member

________________________________ , Member

### Order of Rulemaking



### The Missouri Air Conservation Commission ADOPTS the following action

on this 21 st day of November, 2013:

10 CSR 10-6.161 (new rule) Commercial and Industrial Solid Waste Incinerators

________________ , Chairman

________________ , Vice Chairman

# .**---1L.- ~_,** **ci** Member

_________________ ,Member

__________________ ,Member

________________ ,Member

________________ ,Member

### Order of Rulemaking



### The Missouri Air Conservation Commission ADOPTS 

### the following action

on this 21st day of November, 2013:

10 CSR 10-6.161 (new rule) Commercial and Industrial Solid Waste Incinerators

________________ , Chairman

________________ , Vice Chairman



### _________________ ,Member

# ~@J!I!UJI!I!!J( ,Member



### ________________ ,Member

________________ ,Member

________________ ,Member

### The Missouri Air Conservation Commission ADOPTS 

### the following action

on this 21st day of November, 2013:

Clean Air Act Section 111 (d)/129 State Plan Revision

- Section III (d)/I29 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

# ---:,&~**aA~** Chairman

# ~_C""""--,,,6bc=.....::.**--f= ""'-"'-**  

# _____ '

________________ , Vice Chairman



### ________________ , Member

________________ , Member

________________ , Member

________________ , Member

________________ , Member

### The Missouri Air Conservation Commission ADOPTS 

### the following action

on this 21st day of November, 2013:

Clean Air Act Section 111(d)/129 State Plan Revision

- Section 111(d)/129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

________________ , Chairman

# ----::»**~g c....-.~** **==:=::::: =====** **====--,** Vice Chairman

# ~~~~z::;o:-J-)---t,~~

___________________ ,Member

_________________ ,Member

___________________ ,Member

______________________ ,Member

___________________ ,Member

### The Missouri Air Conservation Commission ADOPTS 

### the following action

on this 21st day of November, 2013:

Clean Air Act Section 111(d)1129 State Plan Revision

- Section 111(d)1129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

________________ , Chairman

________________ , Vice Chairman



### ________________ ,Member

_________________ ,Member

________________ ,Member

_________________ ,Member

### ------------------------------- The Missouri Air Conservation Commission 

### ADOPTS the following action

on this 21st day of November, 2013:

Clean Air Act Section 111 (d)1129 State Plan Revision

- Section 111 (d)1129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

, Chairman

_______________________________ , Vice Chairman



### _______________________________ ,Member**~**

# ~e. 

# fAgiW(JlI{.
Member



### _______________________________ ,Member

_______________________________ ,Member

_______________________________ ,MemberJay Nixon, Governor Sara Parker Pauley, Director 

## Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comme nts are being accepted as noted at the end of the proposed rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit comments electronica lly, use the links below the rule or to submit written comments see the address below.

10 CSR 10-6.020 ( amendment ) Definitions and Common Reference Tables

This proposed amendment will provide a mainte nance update to add definitions needed for other rulemakings filed while the general defi nitions rule was being changed and remove obsolete definitions. In addition, several non-substantiv e error corrections and clarification will be made.

Proposed Rulemaking – Published in August 15, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

Comments will be accepted thro ugh close of business October 3, 2013.

10 CSR 10-6.161 (new rule) Commercial and Industrial Solid Waste Incinerators

This proposed rulemaking will incorporate by reference the regulatory requirements of 40 CFR 60, subpart DDDD - Emissi on Guidelines and Complian ce Times for Commercial and Industrial Solid Waste Incineration (CISWI ) Units which was promulgated by the U.S. Environmental Protection Agen cy (EPA) on February 7, 2013. To meet the obligations of section 111(d) of the Clean Air Act (CAA), stat es must submit plans by February 7, 2014 to control certain hazardous and other air polluta nts at existing solid waste incineration units. Incorporation of this federal regulation into a state rule will shift enforcement authority for existing CISWI units from EPA to the State of Missouri.

Proposed Rulemaking – Published in August 15, 2013 Missouri Register

Additional Information on this rulemaking. Pa g e 1 of 2 Rulemakin g s on Public Notice - DN R

8/15/2013 htt p ://www.dnr.mo. g ov/env/ap c p /rulemakin g .htmSubmit comments now Submit written comments

Comments will be accepted through close of business October 3, 2013.

10 CSR 10-3.010 (rescission) Auto Exhaust Emission Controls

This proposed rescission will remove an outdated rule origin ally written in 1972. This rule was intended to control emissions from all ve hicles subject to required vehicle safety inspections in areas outside of the Kansas Ci ty, Springfield, and St. Louis metropolitan

areas. Since the most recent rule update in 1 978, standard manufactured vehicle emissions equipment has advanced significantly beyond the requirements set forth by this rule.

Proposed Rulemaking – Published in July 1, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

Comments will be accepted throug h close of business September 5, 2013.

Proposed Rulemaking

Submit written comments abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176

Back to top Pa g e 2 of 2 Rulemakin g s on Public Notice - DN R

8/15/2013 htt p ://www.dnr.mo. g ov/env/ap c p /rulemakin g .htmState Plan Actions on Public Notice

- DNR Page 1 of 1

Jay Nixon, Governor Sara Parker Pauley, Director



## Air Pollution Control Program

Cl ick to receIVe upd ate& 011 ttl I> IS6 ue.



## State Plan Actions

On Public Notice 

### I Proposed for Adoption

On Public Notice

Clean Air Act Section 111 (d)/129 State Plan Revision

- Section 111 (d)/129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

Pursuant to sections 111 (d) and 129 of the Clean Air Act, this plan was developed to demonstrate that the State of Missouri has the legal authority and enforceable mechanism in place to implement and enforce the Emission Guidelines and Compliance Times as set forth by the EPA in 40 CFR 60, Subpart DDDD for existing Commercial and Industrial Solid Waste Incinerators. The plan references legal authority established in chapter 536 of the Revised Statutes of Missouri (RSMo) and the enforceable mechanism provided by the proposed new state rule, 10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators. This plan provides source and emission inventories of affected existing commercial and industrial solid waste incinerators in the state. It also establishes emission limits, operating requirements and compliance times that are consistent with the federal emission guidelines as promulgated.

A public hearing is scheduled for this plan action on September 26, 2013. Comments about this plan action will be accepted through the close of business on October 3, 2013.

Section 111 (d)/ 129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

Submit Comments

Proposed for Adoption

None at this time.

Back to top

8/22/2013 http://dnr.mo.gov/env/apcp/stateplanrevisions.htm1 Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>
Sent: Friday, August 23, 2013 4:27 PM
To: Bechtel, Cheri Subject: Courtesy Copy: Missouri DNR Air Pu blic Notices Update-MISSOURI AIR
CONSERVATION COMMISSION PUBLIC HEARING

This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel.

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MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, September 26, 2013 beginning at 9 a.m. at the Holiday Inn, CoCo Ke y, 9103 East 39th Street, Grand BC, Kansas City, Missouri. The commission w ill hear testimony related to the following proposed action(s):

* 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables

This proposed amendment will provide a maintenan ce update to add definitions needed for other rulemakings filed while the general definitions rule was being changed and remove obsolete definitions. In addition, several non-substantive erro r corrections and clarification will be made.

The above rule action will be submitted for inclusion in the Missouri State Implemen tation Plan, for inclusion in the plan established under Clean Air Act Section 111( d) covering existing sources of noncriteria pollutants, and the Missouri Title V program.

* 10 CSR 10-6.161 (new rule) Commer cial and Industrial Solid Waste Incinerators2 This rulemaking will incorporate by reference th e regulatory requirements of 40 CFR 60, subpart DDDD - Emission Guidelines and Compliance Time s for Commercial and Industrial Solid Waste Incineration (CISWI) Units which was promulgate d by the U.S. Environmental Protection Agency (EPA) on February 7, 2013. To meet the obligations of section 111( d) of the Clean Air Act (CAA), states must submit plans by February 7, 2014 to control certain hazardous and other air pollutants at existing solid waste incineration units. Incorporation of this federal regulation into a state rule will shift enforcement authority for existing CISWI units from EPA to the State of Missouri.

The above rule action will not be submitted for inclusi on in the Missouri State Impl ementation Plan but will be submitted for inclusion in the plan establishe d under Clean Air Act Section 111(d) covering existing sources of noncriteria pollutants.

* Clean Air Act Section 111(d)/129 Stat e Plan Revision — Section 111(d)/129 State Plan for Implementation of the Commercial and Industrial Solid Waste Incinerator Emission Guidelines for Missouri

Pursuant to sections 111(d) and 129 of the Clean Air Act, this plan was developed to demonstrate that the State of Missouri has the legal authority and enforceable mechanism in place to implement and enforce the Emission Guidelines and Complian ce Times as set forth by the EPA in 40 CFR 60, Subpart DDDD for existing Commercial and Industrial Solid Waste Inci nerators. The plan references legal authority established in chapter 536 of th e Revised Statutes of Missouri (RSMo) and the enforceable mechanism provided by the proposed new state rule, 10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators. This plan provi des source and emission inventories of affected existing commercial and indus trial solid waste incinerators in the state. It also es tablishes emission limits, operating requirements and compliance times th at are consistent with the federal emission guidelines as promulgated.

The above plan action will not be submitted for inclusi on in the Missouri State Impl ementation Plan but will be submitted for inclusion in the plan establishe d under Clean Air Act Section 111(d) covering existing sources of noncri teria pollutants.

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Progr am, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm. This information will be available at least 30 days prior to the public hearing date.
The Department will accept written or email comments for the record until 5 p.m. on October 3, 2013. Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and email comments and public hear ing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 526-3420. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requirin g special services or accommodations to attend the meetin g can make3 arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

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.PUBLIC HEARING 9/26/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1

1 STATE OF MISSOURI

2 DEPARTMENT OF NATURAL RESOURCES

MISSOURI AIR CONSERVATION COMMISSION

3

4 TRANSCRIPT OF PROCEEDINGS

5 Public Hearing

6 September 26, 2013

7 Holiday Inn CoCoKey

Grand Ballroom D

8 9103 East 39th Street

Kansas City, MO 64133

9

10

11 Mr. Jack Baker, Chairman

Mr. Gary Pendergrass (Telephonic)

12 Mr. Mark S. Garnett

13 Mr. David Zimmerman

14 COMMISSIONERS

15

16 Ms. Kyra Moore, Director

17 Mr. Kendall Hale

18 Ms. Wendy Vit

19 Ms. Shelly Reimer

20 Mr. Wayne Graf

21 Mr. Tim Duggan

22 Ms. Amy Bhesania, EPA Region 7

23 Mr. David S. Gilmore, Assistant

24 STAFF

25PUBLIC HEARING 9/26/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 3

1 ITEM D - PUBLIC HEARING

2 (Starting time of the Hearing Item D:

3 9:43 a.m.)

4 CHAIRMAN BAKER: The Hearing will come to

5 order. Let the record show the following

6 Commissioners are present: Jack Baker, Mark

7 Garnett, Gary Pendergrass, and David Zimmerman.

8 The Air Conservation Commission of the

9 State of Missouri has called this Public Hearing

10 pursuant to Section 643.070, Revised Statutes of

11 Missouri; EPA Promulgated Rule 40 CFR 51.102, for

12 the purpose of hearing testimony relating to:

13 10 CSR 10-6.020 (amendment) Definitions

14 and Common Reference Tables;

15 10 CSR 10-6.161 (new rule) Commercial

16 and Industrial Waste Incinerators;

17 Clean Air Act Section 111(d)/129 State

18 Plan Revision - Section 111(d)/129 State Plan for

19 Implementation of the Commercial and Industrial

20 Solid Waste Incinerator Emission Guidelines for

21 Missouri.

22 The Hearing record will close at 5:00

23 p.m. on October 3rd, 2013.

24 Anyone who has not been scheduled to

25 appear, but who wishes to be heard, should indicatePUBLIC HEARING 9/26/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 8
1 action, it will be the Department's intention to

2 submit this rule amendment to the U.S.

3 Environmental Protection Agency to replace the

4 current rule that is in the Missouri State

5 Implementation Plan.

6 This concludes my testimony. I will be

7 happy to answer any questions you might have

8 regarding this rule amendment.

9 CHAIRMAN BAKER: Questions? Gary, do you

10 have any questions?

11 COMMISSIONER PENDERGRASS: No.

12 CHAIRMAN BAKER: Okay. Thank you,

13 Shelly. Next will be Aaron.

14 (WHEREIN, the witness was duly sworn to

15 testify by the court reporter.)

16 MR. BASHAM: Mr. Chairman, Members of the

17 Commission.

18 My name is Aaron Basham. I am employed

19 with the Missouri Department of Natural Resources'

20 Air Pollution Control Program. I work at 1659 East

21 Elm Street in Jefferson City, Missouri.

22 I'm here to present testimony for the

23 proposed Rule 10 CSR 10-6.161 Commercial and

24 Industrial Solid Waste Incinerators. The rule

25 information begins on page 187 of the briefingPUBLIC HEARING 9/26/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 11
1 approval as part of the plan for commercial and

2 industrial solid waste incinerators pursuant to

3 sections 111(d) and 129 of the Clean Air Act.

4 This concludes my testimony. I will be

5 happy to answer any questions you might have

6 specific to the proposed rule.

7 CHAIRMAN BAKER: Any questions?

8 COMMISSIONER GARNETT: Aaron, where are

9 those two facilities?

10 MR. BASHAM: They're in southeast

11 Missouri. One is in Annapolis, Missouri.

12 Southeast Missouri.

13 COMMISSION GARNETT: Same place, both of

14 them?

15 MR. BASHAM: They are different cities.

16 CHAIRMAN BAKER: Any other questions?

17 COMMISSIONER PENDERGRASS: No.

18 CHAIRMAN BAKER: Okay, thank you, Aaron.

19 Next is Bern.

20 (WHEREIN, the witness was duly sworn to

21 testify by the court reporter.)

22 MR. JOHNSON: Mr. Chairman, Members of

23 the Commission.

24 My name is Bern Johnson. I am employed

25 with the Missouri Department of Natural Resources'PUBLIC HEARING 9/26/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 12
1 Air Pollution Control Program. I work at 1659 East

2 Elm Street, Jefferson City, Missouri.

3 I am here to present testimony for a

4 proposed revision to the Missouri 111(d)/129 State

5 Plan, specifically the inclusion of the Section

6 111(d)/129 State Plan for Commercial and Industrial

7 Solid Waste Incinerators in Missouri. A plan

8 summary begins on page 191 of your briefing

9 document.

10 This State plan fulfills the

11 requirements of sections 111(d) and 129 of the

12 Clean Air Act, for the emission guidelines and

13 compliance times for existing Commercial and

14 Industrial Solid Waste Incinerators (CISWI), as

15 promulgated by the United States Environmental

16 Protection Agency, and finally amended in February,

17 2013. These guidelines are established in 40 CFR,

18 Subpart DDDD. Section 111(d) establishes general

19 requirements for the control of designated

20 pollutants. Section 129 requires emission

21 guidelines to be promulgated for all categories of

22 solid waste incineration units, including CISWI's.

23 Section 129 states that all plan requirements must

24 be as protective as the federal emission guidelines

25 and that state plans must be submitted to EPAeach VOC used in a year, and the individual component vapor pressure, per the equation in paragraph (1)(E)1. of 10 CSR 10-5.540.

(W) All terms beginning with W.

1. Wall-fired boiler—A boiler that has pulverized coal burnersarranged on the wall of the furnace. The burners have discrete, individual flames that extend perpendicularly into the furnace area. 2. Washcoat—A transparent special-purpose coating having a solids content by weight of twelve percent (12%) or less. They are applied over initial stains to protect and control color and to stiffen the wood fibers in order to aid sanding. 3. Washing—Purifying, cleaning, or removing impurities from coal by mechanical process, regardless of the cleaning medium used.4. Washoff operations—Those operations in which organic solvent is used to remove coating from a substrate.[5. Waste generator—The business entity that is directly responsible for the supervision of activities that result inthe accumulation of friable asbestos-containing waste materials.]5. Waterproof resorcinol glue—A two (2)-part resorcinolresin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water. 6. Waxy, heavy pour crude oil—A crude oil with a pour point of fifty degrees Fahrenheit (50 °F) or higher as determined by the ASTM [Standard] D [(97-66)] 97-12 [, Test for Pour Point of Petroleum Oils]

.[7. Waterproof resorcinol glue—A two (2)-part resorcinol-resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.] [8.] 7. Web—A printing process where a continuous roll of substrate is fed into the press. [9. Wet cleaning—The process of using water or other liquid and a wet brush, mop, cloth, sponge, or similar wet cleaning device to completely remove any residue of asbestos-containing materials from surfaces on which they may be located. This definition does not include the use of a wet vacuum cleaner.] [10.] 8. Wet scrubber—An add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases. [11.] 9. Wood furniture—Any product made of wood, a wood product such as rattan or wicker, or an engineered wood product suchas particleboard that is manufactured under any of the following standard industrial classification codes: 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712. [12.] 10. Wood furniture component—Any part that is used in the manufacture of wood furniture. Examples include, but are not limited to, drawer sides, cabinet doors, seat cushions, and laminated tops. [13.] 11. Wood furniture manufacturing operations—The finishing, cleaning, and washoff operations associated with the production of wood furniture or wood furniture components. [14. Work area—A specific room or physically-isolated portion of a room, other than the space enclosed within a glove bag, in which friable asbestos-containing material is required to be handled in accordance with 10 CSR 10-6.241. The area is designated as a work area from the time that the room, or portion of it, is secured and access restrictions are in place. The area remains designated as a work area until the time that it has been cleaned in accordance with any requirements applicable to these operations.] [15.] 12. Working day—A day, or any part of a day, in which a facility is engaged in manufacturing.

AUTHORITY: section 643.050, RSMo Supp. 2012, and section 643.055, RSMo 2000. Original rule filed Aug. 16, 1977, effective Feb. 11, 1978. For intervening history, please consult the Code of State Regulations . Amended: Filed July 12, 2013.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., September 26, 2013. The public hearing will be held at the Holiday Inn CoCo Key, 9103 East 39th Street, Kansas City, Missouri. Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., October 3, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, JeffersonCity, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED RULE

10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators . If the commission adopts this rule action, it will be the department’s intention to submit this new rule to the U.S. Environmental Protection Agency for inclusion in the Missouri State Plan for Designated Facilities and Pollutants pursuant to section 111(d)of the Clean Air Act for commercial and industrial solid waste incinerators. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing commercial and industrial solid waste incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 78 FR 9112, dated February 7, 2013.

(1) Applicability.

(A) This rule applies to commercial and industrial solid wasteincinerator (CISWI) units, defined by section (2) of this rule, as follows: 1. Energy recovery units, waste burning kilns, and small remote incinerators that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013; 2. Other CISWI incinerators that commenced construction onor before November 30, 1999 and were not modified or reconstructed after June 1, 2001; and 3. Other CISWI incinerators that commenced construction after November 30, 1999, but no later than June 4, 2010, or commenced modification or reconstruction on or after June 1, 2001 but no later than August 7, 2013.

(B) If the owner or operator of a CISWI unit makes changes that Page 1297 August 15, 2013 Vol. 38, No. 16 Missouri Registermeet the definition of modification or reconstruction on or after June 1, 2001, the CISWI unit becomes subject to 40 CFR 60 subpart CCCC and the CISWI state plan no longer applies to that unit.

(C) Exemptions to this rule are as follows:

1. This rule does not apply to combustion units listed in 40 CFR 60.2555; and 2. If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to comply with the CISWI state plan, 40 CFR 60 subpart CCCC does not apply to that unit because such changes do not qualify as modifications or reconstructions under 40 CFR 60 subpart CCCC.

(2) Definitions.

(A) The provisions of 40 CFR 60.2875, promulgated as ofFebruary 7, 2013, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW,Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(B) Definitions of certain terms specified in this rule, other than those defined in subsection (2)(A) of this rule, may be found in 10 CSR 10-6.020.

(3) General Provisions. The following references to 40 CFR 60.2575 through 60.2735, 40 CFR 60.2805 through 60.2870, and 40 CFR 60, Subpart DDDD Tables 1 through 9, promulgated February 7, 2013, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW,Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(A) Increments of Progress—40 CFR 60.2575 through 60.2615 and 40 CFR 60.2815 through 60.2855;

(B) Waste Management Plan—40 CFR 60.2620 through 60.2630; (C) Operator Training and Qualification—40 CFR 60.2635 through 60.2665;

(D) Emission Limitations and Operating Limits—40 CFR 60.2670 through 60.2685 and 40 CFR 60.2860;

(E) Performance Testing—40 CFR 60.2690 through 60.2695; (F) Initial Compliance Requirements—40 CFR 60.2700 through 60.2706;

(G) Continuous Compliance Requirements—40 CFR 60.2710 through 60.2725;

(H) Monitoring—40 CFR 60.2730 through 60.2735 and 40 CFR 60.2865;

(I) Title V Operating Permits—40 CFR 60.2805; and(J) Table 1 through Table 9. The compliance dates for the increments of progress are— 1. For Increment 1, the final control plan must be submitted within one (1) year of the effective date of this rule; and2. For Increment 2, for CISWI units that commenced construction on or before June 4, 2010, the final compliance date is February 7, 2018.

(K) General reference notes:

1. Units applicable under paragraph (1)(A)1. of this rule must comply with the emission limits as follows: A. For energy recovery units, Table 7 of 40 CFR 60 subpart DDDD; B. For waste burning kilns, Table 8 of 40 CFR 60 subpart DDDD; andC. For small remote incinerators, Table 9 of 40 CFR 60 subpart DDDD; 2. Units applicable under paragraph (1)(A)2. of this rule, Table 2 of 40 CFR 60 subpart DDDD; and 3. Units applicable under paragraph (1)(A)3. of this rule, Table 6 of 40 CFR 60 subpart DDDD or Table 1 of 40 CFR 60 subpart CCCC, whichever is more stringent. (4) Reporting and Record Keeping. The provisions of 40 CFR 60.2740 through 60.2800 and 40 CFR 60.2870, promulgated as ofFebruary 17, 2013, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW,Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo Supp. 2012. Original rule filed July 12, 2013

.
PUBLIC COST: This proposed rule will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate because currently there are no public entity commercialand industrial solid waste incinerators in the state. Should an existing combustion source currently not burning solid waste elect to do so in the future and become a commercial and industrial solid wasteincinerator, the cost of compliance with federal standards is accounted for in the federal rulemaking.

PRIVATE COST: This proposed rule will not cost private entities more than five hundred dollars ($500) in the aggregate because therulemaking adopts federal rules without variance and costs to comply have already been accounted for in the federal rulemaking. Should an existing combustion source currently not burning solid waste elect to do so in the future and become a commercial and industrial solid waste incinerator, the cost of compliance with the federal standards is accounted for in the federal rulemaking.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rule will begin at 9:00 a.m., September 26, 2013. The public hearing will be held at the Holiday Inn CoCo Key, 9103 East 39th Street, Kansas City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., October 3, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 6—Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration

PROPOSED AMENDMENT

10 CSR 40-6.030 Surface Mining Permit Applications— Minimum Requirements for Legal, Financial, Compliance, and Related Information . The commission is amending sections (1) and (2).

PURPOSE: This amendment adds the term “member” in section (1) and “operator” in section (2) and changes other wording to better match federal regulations

(1) Identification of Interests.

(B) Each application shall contain a statement of whether theapplicant is a corporation, partnership, single proprietorship, association , or other business entity. For businesses other than single proprietorships, the application shall contain the following information, where applicable: Page 1298 Proposed Rules August 15, 2013 Vol. 38, No. 16Title 2—DEPARTMENT OF AGRICULTURE Division 30—Animal Health Chapter 2—Health Requirements for Movement of Livestock, Poultry, and Exotic Animals

ORDER OF WITHDRAWAL

By the authority vested in the Department of Agriculture under section 267.645, RSMo 2000, the director withdraws a proposed amendment as follows:

2 CSR 30-2.020 Movement of Livestock, Poultry, and Exotic Animals Within Missouri is withdrawn

.
A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on September 3,2013 (38 MoReg 1360–1362). This proposed amendment is withdrawn.

SUMMARY OF COMMENTS: The Missouri Department of Agriculture received numerous comments on the proposed amendment. The comments emphasized that the department should further open the rule up for additional comments regarding the Trichomoniasis regulation and implementation of this rule. RESPONSE: The Missouri Department of Agriculture has decided to withdraw the proposed amendment and seek additional stakeholder input. Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulation for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2013, the commission amends a rule as follows:

10 CSR 10-6.020 Definitions and Common Reference Tables is amended

.
A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on August 15, 2013 (38 MoReg 1265–1297). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulation for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2013, the commission adopts a rule as follows:

10 CSR 10-6.161 Commercial and Industrial Solid Waste Incinerators is adopted

.
A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on August 15, 2013 (38 MoReg 1297–1298). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received no comments on the proposed rule.

Title 12—DEPARTMENT OF REVENUE Division 10—Director of Revenue Chapter 2—Income Tax

ORDER OF RULEMAKING

By the authority vested in the acting director of revenue under section 143.961, RSMo 2000, and section 143.451.2(3), RSMo Supp. 2013, the acting director adopts a rule as follows:

455 

## Orders of Rulemaking



# T his section will contain the final text of the rules proposedby agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order of rulemaking is based; reference to the date and page or pages where the notice of proposed rulemaking was published in the Missouri Register ; an explanation of any change betweenthe text of the rule as contained in the notice of proposed rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of any section or subsection of the rule as adopted which has beenchanged from that contained in the notice of proposed rulemaking. The effective date of the rule shall be not less than thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the general nature and extent of comments submitted in support of or opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any,held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule. The ninety- (90-) day period during which an agency shall file its Order of Rulemaking for publication in the Missouri Register begins either: 1) after the hearing on the Proposed Rulemaking is held; or 2) at the end of the time for submission of comments to the agency. During this period, the agency shall file with the secretary of state the order of rulemaking, either putting the proposed rule into effect, with or without further changes, or withdrawing the proposed rule. February 3, 2014 Vol. 39, No. 3 M ISSOURI R EGISTERCOMMENTS AND RESPONSES AND RECOMMENDATION FOR ADOPTION

Section 111(d)/129 State Plan for Commercial and Industrial Solid Waste Incinerators in Missouri

On September 26, 2013, the Missouri Air Conser vation Commission held a public hearing concerning the inclusion of the Section 111(d)/129 State Plan for Commer cial and Industrial Solid Wast e Incinerators (CISWI) to the Missouri 111(d)/129 State Plan. This plan was developed to fulfill the requirements of Sections 111(d) and 129 of the Clean Air Act for the implementation of the emission guidelines and compliance times for existing CISWI units as promulgated by the Environmental Protection Ag ency (EPA) in February 2013. Section 111(d) establishes general requirements and procedures on state plan submittals for the control of designated pollutants. Section 129 requires em ission guidelines to be promulgated for all categories of solid waste incineration units, in cluding CISWI units. This plan demonstrates Missouri’s legal authority and enforceable m echanism to implement the emission guidelines.

The document has not been reprinted in the br iefing document as no changes were made from the proposal. The entire document is available for review at the Missouri Department of Natural Resources’, Air Pollution Control Program, 1659 East Elm Street, Jefferson City, Missouri, 65101, (573)751-4817. It is also available online at http://dnr.mo.gov/env/apcp/stateplanrevisions.htm

The Missouri Department of Natural Resources’ Air Pollution Control Program recommends the commission adopt the plan action as proposed. If the commission adopts th is plan, it will be the department’s intention to submit this plan to the U.S. Environmental Protection Agency for inclusion in the Missour i 111(d)/129 State Plan.

SUMMARY OF COMMENTS: No written or verbal comments were received concerning this proposed plan.