**Supporting Statement for EPA Information Collection Request Number 1773.**  **10**

**(OMB Control Number 2050**
**- 0171)** 

**“ NESHAP**  **for Hazardous Waste Combustors**  **(40 CFR Part 63, Subpart EEE) (Renewal)**  **”**



### March, 2012ii **Contents**

1. IDENTIFICATION OF THE INFORMATION COLLECTION

................................ ........................... 1 1(a). TITLE AND NUMBER OF T HE INFORMATION COLLECTION

................................ ......... 1 1(b). SHORT CHARACTERIZATION/ABSTRACT

................................ ................................ ......... 1 2. NEED FOR AND USE OF THE COLLECTION

................................ ................................ .................. 2 2(a). NEED AND AUTHORITY FOR THE COLLECTION

................................ ............................. 2 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

.................... 3 3(a). NONDUPLICATION

................................ ................................ ................................ ................. 3 3(b). PUBLIC NOTICE REOUIRED PRIOR TO ICR SUBMISSION TO OMB

.............................. 3 3(c). CONSULTATIONS

................................ ................................ ................................ .................... 3 3(d). EFFEC TS OF LESS FREQUENT COLLECTION

................................ ................................ .... 4 3(e). GENERAL GUIDELINES

................................ ................................ ................................ .......... 4 3(f). CONFIDENTIALITY

................................ ................................ ................................ ................. 4 3(g). SENSITIVE QUESTIONS

................................ ................................ ................................ .......... 5 4. RESPONDENTS AND THE INFORMATION COLLECTED

................................ ............................. 5 4(a). RESPONDENTS AND NAICS CODES

................................ ................................ .................... 5 4(b). INFORMATION COLLECTED

................................ ................................ ................................ . 5 FACILITIES SUBJECT TO THESE REGULATIONS

................................ ................................ ......... 5 COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS (Section 63.1206)

................................ ................................ ................................ ................................ .................. 6 PERFORMANCE TESTING REQUIREMENTS (Section 63.120 7)

................................ ................... 15 MONITORING REQUIREMENTS (Section 63.1209)

................................ ................................ ........ 20 NOTIFICATION REQUIREMENTS (Section 63.1210)

................................ ................................ ...... 31 RECORDKEEPING AND REPORTING REQUIREMENTS (Section 63.1211)

................................ 36 **QC Requirements**

................................ ................................ ................................ ................................ ........ 41 **QA Requirements**

................................ ................................ ................................ ................................ ........ 42 **Calibration Drift (CD) and Zero Drift (Z D) Assessment and Daily System** **Audit**

................................ 42 MISCELLANEOUS REQUIREMENTS

................................ ................................ .............................. 44 5. THE INFORMATION COLLECTED

-- AGENCY ACTIVITIES, COLLECtION METHODOLOGY, AND INFORMATION MANAGEMENT

................................ ................................ ................................ .... 45 5(a). AGENCY ACTIVITIES

................................ ................................ ................................ ............ 45 COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS

....................... 45 PERFORMANCE TESTING REQUIREMENTS

................................ ................................ ................ 46 MONITORING REQUIREMENTS

................................ ................................ ................................ ...... 47 NOTIFICATION REQUIREMENTS

................................ ................................ ................................ ... 49 RECORDKEEPING AND REPORTING REQUIREMENTS

................................ ............................. 50 COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS

................................ ................................ ................................ ............ 51 QUALITY ASSURANCE PROCEDURE FOR CONTINUOUS EMISSIONS

................................ ... 51 MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS

................................ .................. 51 MISCELLANEOUS REQUIREMENTS

................................ ................................ .............................. 51 5(b). COLLECTION METHODOLOGY AND MANAGEMENT

................................ .................... 51 5(c). SMALL ENTITY FLEXIBILITY

................................ ................................ .............................. 5 2 5(d). COLLECTION SCHEDULE

................................ ................................ ................................ ..... 52 6. EST IMATING THE BURDEN AND COST OF THE COLLECTION

................................ ............... 52 6(a). RESPONDENT BURDEN

................................ ................................ ................................ ......... 52 6(b). RESPONDENT COSTS

................................ ................................ ................................ ............. 52 Labor Co sts
................................ ................................ ................................ ................................ ............ 53 Operating and Maintenance Costs

................................ ................................ ................................ ......... 53 Capital / Start up Costs

................................ ................................ ................................ .......................... 53 Annualized Capital Costs

................................ ................................ ................................ ...................... 53 6(c). A GENCY BURDEN AND COST

................................ ................................ ............................. 54iii 6(d). RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

................................ ...... 54 RESPONDENT UNIVERSE

................................ ................................ ................................ ................ 54 TO TAL BURDEN AND COSTS

................................ ................................ ................................ .......... 55 WHO IS SUB JECT TO THESE REGULATIONS

................................ ................................ ............... 55 STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, CEMENT KILNS, AND LIGHTWEIGHT AGGREGATE KILNS

................................ ................................ ............................. 55 COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS

....................... 55 PERFORMANCE TESTING REQUIREMENTS

................................ ................................ ................ 57 MONITORING REQUIREMENTS

................................ ................................ ................................ ...... 58 CMS PERFORMANCE EVALUATION

................................ ................................ ............................. 60 NOTIFICATION REQUIREMENTS

................................ ................................ ................................ ... 60 RECORDKEEPING AND REPORTING REQUIREMENTS

................................ ............................. 61 COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS

................................ ................................ ................................ ............ 62 QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS

................................ ................................ ................... 62 MISCELLANEOUS REQUIREMENTS

................................ ................................ .............................. 62 6(e). BOTTOM LINE BURDEN HOUR AND COST TABLES

................................ ....................... 63 **Respondent Tally ................................**  **................................ ................................**  **........................... 63**  **Agency Tally ................................**  **................................ ................................**  **................................ ..**  **63 6(g).**  **BURDEN STATEMENT**  **................................ ................................**  **................................ .........**  **65**1



### 1. **IDENTIFICATION OF TH E INFORMATION**  **COLLECTION 1(a).**  **TITLE AND NUMBER OF THE INFORMATION COLLECTION** NESHAP for Hazardous Waste Combustors (Renewal) EPA I CR Number 1773. 1 0 , OMB Control Number 2050

- 0171

. **1(b). SHORT CHARACTERIZATION/ABSTRACT**  The National Emission Standards for Hazardous Air Pollutants (NESHAP) for the regulations codified at 40 CFR Part 63, Subpart EEE , were largel y promulgated on September 30, 1999, and subsequently revised on October 12, 2005. These regulations apply to the following t ypes of n ew and existing combustion units that burn hazardous waste: incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production facilities. This information i s being collected to assure compl iance with 40 CFR Part 63, Subpart EEE. The October 2005 final rule established limits for chlorinated dioxins and furans, other toxic organic compounds, toxic metals, hydrogen chloride and chlorine, and particulate matter. All hazardous waste combusto rs are required to perform periodic emissions testing and conduct continuous compliance monitoring to demonstrate compliance with the emissions standards

. Sources are also required to submit initial notifications and periodic reports and perform recordkeeping activities. Owner or operators are also required to maintain records of the occurrence and duration of an y startup, shutdown , or malfunction in the operation of an affected source, or an y period during which the monitorin g sy stem is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to this NESHAP. Records are kept on

- site at the facilities; some are also submitted to the EPA or a State that has been delegated the authority to implement these regulations

. Any owner or operator subject to this NESHAP are required to maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority . In the event that there is no such delegated authority, the reports are sent directly to the U.S. EPA regional office. T he paperwork requirements finalize d under the authority of the Resource Conservation and Recovery

Act ( RCRA ) provisions (40 CFR parts 260 thru 270) that apply to the hazardous waste combustors (e.g., general facility standards, manifest sy stem requirements, storage requirements , and closur e and post

- closure care provisions) are not covered by this ICR, and are accounted for in ICR # 1361.10 (OMB control # 2050

- 0073). In summary , th e estimated recordkeeping and reporting burden of this IC R is :

 For the regulated community , 1 38,434 hours per year . The annual start
- up and O& M Costs will be $ 10 0 , 0 59 and $ 3,949,693 respectively

.2

 For the federal government (including EPA regional offices), 8 , 027 hours per year.

 For state and local offices, 4,013 hours per ye ar. (Please see sections 6(e) an d 6(f) for a more detailed explanation) **2. NEED FOR AND USE OF**  **THE COLLECTION 2(a).**  **NEED AND AUTHORITY FOR THE COLLECTION** The EPA is charged under section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory

of major sources and area sources of hazardous air pollutants (HAP) . These standards are applicable to new or existing sources of HAP and require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any

owner or operator subject to any requirement of the Clean Air Act to:

(A ) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe): (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with section 114(a)(3); and (G) provide such other information as the Administrator may

reasonably

require. In the Administrator’s judgment, HAP emissions fro m hazardous waste combustors cause or contribute to air pollution that may reasonabl y be anticipated to endanger public health or welfare. Therefore, this NESHAP were promulgated for this category at 40 CFR Part 63, Subpart EEE. **2(b). PRACTICAL UTILITY**  **AND USERS OF THE DATA** The control of emissions of HAPs from hazardous waste combustors requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of HAPs from hazardous waste combustors are the result of operation of the affected facilities. The emission standards are achieved b y the capture of metal HAP and particulate matter emissions using fabric filters or electrostatic precipitators control, removal of acid gas HAP b y scrubb ing control equipment, temperature control for the reduction of dioxins and furans (D/F), operating under good combustion conditions for the reduction of organic HAP, and feed input control for the reduction of HAP if other controls are not used

.3

The re cordkeeping and reporting requirements in the standard(s) ensure compliance with the applicable regulations that were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in leg al proceedings. Performance tests are required in order to determine an affected facility ’s initial capability to comply

with the emission standards. Continuous emission monitors are used to ensure compliance with the standards at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor. The notifications required in the standards are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properl y installed and operated and leaks are being detected an d repaired and the standards are being met. The performance test may also be observed. The required periodic reports are used to determine periods of excess emissions, identify problems at the facility , verify operation/maintenance procedures and for compliance determinations. **3. NONDUPLICATION, CONS**  **ULTATIONS, AND OTHER COLLECTION**  **CRITERIA 3(a).**  **NONDUPLICATION** The information collections covered in this ICR are not available from sources other than the respondents. No other Federal agency collection satisfies the statutory requirements of Section 112 of the Clean Air Act. None of this information is duplicative of other information collected b y other EPA offices or other Federal agencies. **3(b). PUBLIC NOTICE RE**  **Q UIRED PRIOR TO ICR SUBMISSION TO OMB**  In compliance with the Paperwork Reduction Act of 1995 (PRA), EPA issue d a public notice in the Federal Register (see 77 FR 2 535 , January 18 , 20 12 ) detailing the burden hours and costs associated with the regulations at 40 CFR Part 63, S ubpart EEE for hazardous waste combustors, and request ed comments to be submitted to EPA bef or e submitting the new IC R to the Office of Management and Budget (OMB) for approval. No comments were received. **3(c). CONSULTATIONS**  EPA has had frequent feedback from the regulated community , stakeholders, the general public, State and industry officials, and appropriate Federal agencies while develop ing the hazardous waste combustors ( HWC ) Maximum Achievable Control Technology ( MACT ) standards and with regard to the reporting and recordkeeping requirements of the rule , and the consequent burden imposed due to its various provisions. The trade associations of each category of stakeholders ( such as the Cement Kiln Recycling Coalition, American Chemistry Council, E nvironmental Technology Council , and Coalition of Responsible Waste Incineration)4

interacted with EPA officials at the headquarters and regional levels on these requirements. These regulations were then promulgated in October 2005. However, due to a diff erent interpretation of the statute spelled out by the court in March 2007 for another MACT source category , EPA found that our standards were not in conformity with the court’s interpretation, and requested a voluntary remand of the MACT HWC standards. A federal court granted EPA’s request in August 2009. As a result of the remand, EPA is in the process of revis ing all the se MACT HWC standards , and plan to conduct a stakeholder meeting later this year to have a detailed feedback from the regulated community , stakeholders, the general public, State and industry officials, and appropriate Federal agencies in the develop ment of new standards, and the reporting and recordkeeping requirements necessary to ensure adequate compliance. Under these circumst ances, it is premature to burden the stakeholders for any new consultations on the soon to expire requirements without any explanation of the new upcoming requirements, particularl y when the 1 st FR notice already requested them for comments on the exist ing requirement’s burden to which they did not provide an y response. The Agency will prepare a new rulemaking ICR for the new proposed rule at the time of proposal which will modify this renewal I CR, and will incorporate full details of the consultation s. **3(d). EFFECTS OF LESS FREQUENT COLLECTION**  EPA has carefull y considered and minimized the burden imposed upon the regulated community

by the regulations. The Agency is confident that the activities required of the respondents are the minimum necessary to ensure compliance

. EPA also believes that, if the se minimal requirements specified under the regulations are not met, EPA will be unable to fulfill its c ongressional mandate to protect public health and the environment. Additionally , we have made ef forts to integrate monitoring, compliance testing, and recordkeeping requirements of both the CAA and RCRA so that the facilities are able to avoid the burden of duplicate submissions under two potentially different regulatory

compliance schemes. **3(e). GE**  **NERAL GUIDELINES** This I CR adheres to the guidelines stated in the Paperwork Reduction Act of 1995; OMB’s implementing regulations, EPA’s “Information Collection Request Handbook,” and other applicable OMB guidance. It is necessary for facilities to reta in records for three (3) ye ars for EPA to ensure compliance with the regulations. The recordkeeping burden for such a requirement is not significant , and has been included in this I CR

. **3(f). CONFIDENTIALITY**  Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA’s general policy on the public disclosure of information, contain provisions for confidentiality . However, the Agency

does not anticipate that businesses will assert a claim of confidentiality covering the information collectio n requirements in this I CR. If such claim is made, EPA will treat the information in accordance with the regulations cited above. EPA also has ensured that this information collection complies with the Privacy Act of 1974 and OMB Circular 108.5

**3(g). SE**  **NSITIVE QUESTIONS** No questions of a sensitive nature are included in any of the information collection requirements. **4. THE**  **RESPONDENTS AND THE INFORMATION COLLECTE**  **D 4(a).**  **RESPONDENTS AND NAICS /SIC**  **CODES** The following is a list of North American Industry Classification Sy stem (NAI CS) codes and Standard Industrial Classification (SI C) codes associated with industries most likely to be affected b y the information collection requirements covered in this I CR:

CATEGORY NAICS CODE SIC CODE EXAMPLES OF POTENTIALLY REGULATED ENTITIES An y industry that combusts hazardous waste as defined in the final rule 562211 4953 Incinerator, hazardous waste 327310, 3241 Cement manufacturing, clinker production 327992 3295 Ground or treated mineral and earth manufacturing 325 28 Chemical Manufacturers 324 29 Petroleum Refiners 331 33 Primary Aluminum 333 38 Photographic equipment and supplies 488, 561, 562 49 Sanitary Services, N.E.C. 421 50 Scrap and waste materials 422 51 Chemical and Allied Products, N.E.C 512, 541, 561, 812 73 Business Services, N.E.C. 512, 514, 541, 711 89 Services, N.E.C. 924 95 Air, Water and Solid Waste Management **4(b). INFORMATION**  **REQUES TED**  **FACILITIES SUBJECT TO THESE REGULATIONS** (i) Data items All hazardous waste combustors

-- hazardous waste burning cement kilns (CKs), hazardous waste incinerators, hazardous waste burning lightweight aggregate kilns (LWAKs), hazardous waste burning liquid and solid fuel boilers, and hazardous waste burning HCl Production Furnaces

-- are subject to this rule and will read the 40 CFR Part 63, Subparts A and EEE regulations. The universe of affected facilities is covered in detail in section 6(d) of this document below. (ii) Respondent activities

 Read 40 CFR Part 63, Subparts A and EEE6

STANDARDS FOR HAZARDOUS WASTE BURNI NG INCINERATORS, LIGHTWEIGHT AGGREGATE KILNS, CEMENT KILNS, LIQUID FUEL BOILERS, SOLID FUEL BOILERS, AND HCLPRODUCTION FURNACES (Sections 63.1203

- 63.1205, Sections 63.1216

- 63.1218, and 63.1219

- 63.1221 **)** Replacement MACT standards for hazardous waste burning incinerators, lightweight aggregate kilns, and cement kilns (Phase I units) are covered in Sections 63.1219 through 63.1221. MACT Standards for liquid fuel boilers, solid fuel boilers, and HCl Production Furnaces are covered in Sections 63.1216 through 63.1218. For Phase I sources the Standards specified in section 63.1203 through 63.1205 apply until compliance with the replacement standards. The MACT Standards appl y to the following HAPs: particulate matter (PM), CO (carbon monoxide)/HC (hydrocarbons), total chlorine (hydrogen chloride (HCl) and Chlorine gas (Cl2)), semivolatile metals (cadmium and lead), low volatile metals (chromium, arsenic, a nd beryllium), PCDD/PCDF (dioxins and furans), mercury , and DRE (destruction and removal efficiency). Additional recordkeeping or reporting requirements associated with these activities are discussed in the various sections below. **COMPLIANCE WITH THE S TANDARDS AND OPERATING REQUIREMENTS**  **(Section 63.1206) Compliance**  **with Alternative MACT Standards**  (i) Data items Under Section 63.1206(b)(1)(ii), when hazardous waste is not in the combustion chamber (i.e., the hazardous waste feed to the combusted has been cutoff

- for a period of time not less than the hazardous waste residence time), HWCs may elect to show compliance with other applicable MACT standards (such as subparts LLL, DDDDD, or NNNNN) in lieu of the HWC standards. Specificall y, they must docum ent in the operating record compliance with other applicable MACT requirements in lieu of the HWC MACT emission standards and operating requirements of Subpart EEE. (ii) Respondent activities When hazardous waste is not in the combustion chamber, docum ent in the operating record compliance with other applicable MACT requirements in lieu of the requirements of HWC MACT Standards in Part 63 Subpart EEE. **Extension of Compliance with Emission Standards** (i) Data items Under Sections 63.1206(b)(4), 63.6(i), and 63.1213 HWCs may request EPA for an extension of compliance with the emission standards of Subpart EEE. Section 63.6(i)(4) allows up to one (1)7

additional year to comply with the standard. The request for the one

- ye ar extension shall be submitted not later than four (4) months before the affected source’s compliance date. In addition, under Section 63.6(i)(5), existing sources that have installed best available control technology

(BACT) or technology

required to meet lowest achievable emission rate ( LAER) prior to the MACT rule may request that the EPA grant an extension allowing the source five (5) ye ars from the date on which such installation was achieved to compl y with the standard. An y request for the five

- ye ar extension must be submitted not later than 120 days after the promulgation date of the standard. As required b y Section 63.6(i)(6), an y request for an extension of compliance must include the following information: A description of the controls to be installed to comply with the standard ; A compliance schedule; For the five

- ye ar extension, all information needed to demonstrate the effectiveness of the installation of BACT or technology to meet LAER. Under Section 63.10(d)(4), affected sources required to submit progress reports as a con dition of receiving an extension of compliance must submit such report to the EPA by the dates specified in the written extension of compliance. (ii ) Respondent activities Prepare and submit a request for an extension of compliance; and Prepare and submit a progress report, as applicable. **Changes in Design, Operation, or Maintenance** (i) Data items Under Section 63.1206(b)(5)(i), if a HWC plans to change the design, operation, or maintenance practices of the source in a manner that may adversely affect compliance with any emission standard that is not monitored with a continuous emissions monitoring s ys tem (CEMS), the HWC must notify

EPA at least 60 day s prior to the change, unless circumstances are documented that dictate such prior notice is not feasible. The notification must include: A description of the changes and which emission standards may be affected; and a comprehensive performance test schedule and test plan that will document compliance with the affected emission standards. The HWC must conduct a comprehensive performance test to document compliance with the affected emission standards, establish operating parameter limits, and submit to the EPA a Notification of Compliance under Sections 63.1207(j) and 63.1210(d).8

Additionally , if i t is determined that a change will not adversel y affect compliance with the emission standards or operating requirements, the HWC must document the change in the operating record upon making such change. The performance test plan, Documentation of Compliance, Notification of Compliance, and start

- up, shutdown, and malfunction plan must be revised, as necessary , to reflect these changes. Additionally , under Section 63.1206(b)(5)(i)(C), a request may be made to burn hazardous waste for more than 720 hours f or purposes other than testing or pre

- testing, after making a change in the design or operation that could affect compliance with the emission standards and prior to submitting a revised Notification of Compliance. (ii) Respondent activities

 Prepare and submit a notification of change in design, operation, or maintenance;
 Conduct a comprehensive performance test to document compliance with emissions standards and establish operating limits;
 Document change in the operating record if it is determined that the change will not adversel y affect compliance with emission standards or operating requirements;
 Revise, as necessary , the performance test plan, Documentation of Compliance, Notification of Compliance, and start

- up, shutdown, and malfunction plan to r eflect changes that will not adversel y affect compliance with emission standards or operating requirements; and
 Request approval to burn hazardous waste for additional operating time after change has been made. **Use of Previous DRE Test Results to Demonstrate Compliance with the MACT DRE**  **Standard** (i) Data Items Under Section 63.1206(b)(7), previously collected DRE test results may be used to demonstrate compliance with the DRE standard unless the sources is a cement kiln or incinerator that feeds hazardous waste at locations other than the normal flame zone or the source has been modified in a (ii) Respondent Activities

 For sources using historical DRE data in lieu of conducting a new DRE test, provide DRE data that meet quality assurance obj ectives

. **Applicability of Particulate Matter and Opacity Standards during Particulate Matter CEMS Correlation Tests**  (i) Data items9

Under Section 63.1206(b)(8), an y particulate matter and opacity standards at 40 CFR 60, 61, 63, 264, 265, and 266 that are a pplicable to a HWC do not apply while sources conduct particulate matter continuous emissions monitoring sy stem (CEMS) correlation tests (i.e., correlation with manual stack methods). Sources must develop a particulate matter CEMS correlation test plan th at includes the following information: Number of test conditions and number of runs for each test condition; Target particulate matter emission level for each test condition; How the source plans to modify operation to attain the desired particulate matter emission levels; and Anticipated normal particulate matter emission levels. Under Section 63.1206(b)(8)(iii)(B), the test plan must be submitted to the Administrator for approval at least 90 calendar day s before the correlation test is scheduled to be conducted. A waiver of the PM and opacity standards during PM CEMS correlation tests may be requested beyond the standard allowed time of 96 hours. (ii) Respondent activities

 Prepare and submit a particulate matter CEMS correlation test plan.
 If desired, prepare and submit a waiver request for additional hours of PM CEMS correlation testing beyond the standard 96 hours. **Hazardous Waste Residence Time** (i) Data items Under 63.1206(b)(11), HWCs must document the hazardous waste residence time in the operating record, and include it in the comprehensive performance test plan, Documentation of Compliance, and Notification of Compliance. (ii) Respondent activities

 In clude the hazardous waste residence time in the operating record, test work pla n, and Documentation and Notification of Compliance documents. **Startup, Shutdown, and Malfunction Plan** (i) Data items Under Sections 63.1206(c)(2) and 63.6(e)(3), HWCs must develop and implement a written Startup, Shutdown, and Malfunction Plan that describes procedures for operating and maintaining the source during periods of startup, shutdown, and malfunction. It also contains a program of corrective action for malfunctioning process and air pollution control equipment that is used to comply

with the relevant standard. The plan must also identify all routine or otherwise predictable potential CMS malfunctions. The pl an must be developed b y the source’s10

compliance date. The SS&M plan must be submitted to the Administrator for review and approval. When actions taken during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) are consi stent with the procedures specified in the affected source’s SS&M Plan, the source must keep records for that event that demonstrate that the procedures specified in the plan were followed. These records may take the form of a “checklist” or other effecti ve form of recordkeeping that confirms compliance with the SS&M Plan for that event. If an action taken is not consistent with the procedures specified in the plan, the source must report such actions within 2 working day s of commencing actions inconsist ent with the plan, followed b y a letter within 7 working days after the end of the event. The startup, shutdown, and malfunction provisions exempt sources from the Subpart EEE emission standards and operating requirements during startup, shutdown, and mal functions. The rule continues to subject sources to RCRA requirements during malfunctions, unless they comply with alternative MACT requirements including expanding the startup, shutdown, and malfunction plan to minimize the frequency and severit y of malf

unctions, and submit the plan to the delegated CAA authority for review and approval. Sources that burn hazardous waste during startup and shutdown, are required to include waste feed restrictions and operating conditions and limits in the startup, shutdo wn, and malfunction plan. Sources are also required to include in the startup, shutdown, and malfunction plan a requirement to comply with the automatic hazardous waste feed cutoff s ys tem during startup, shutdown, and malfunctions. The source must keep the written SS&M Plan on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63. The plan is to be made available for inspection by the EPA, upon request. In addition, if the plan is revised, the source must keep previous versions of the plan on record for a period of 5 years after each revision to the plan. Under Section 63.1206(c)(2)(ii)(C) changes to the plan that may increase HAP emissions must be requested in writing within 5 days of making the change. (ii) Respondent Activities

 Develop, submit, and implement, a Startup, Shutdown, and Malfunction Plan, and have it reviewed and approved by the Administrator (or alternativel y, contain procedures in the RCRA permit);
 Submit addi tional information if requested b y Administrator.
 Request approval in writing from EPA within 5 days after making a change to the Startup, Shutdown, and Malfunction Plan that will significantl y increase emissions of hazardous air pollutants;
 Make the plan available for inspection, if requested by the EPA;
 Keep the plan on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63; and
 Keep previous versions of the plan on record for a p eriod of 5 ye ars after each revision, if11

the plan is revised. **Automatic Waste Feed Cutoffs (AWFCO)** (i) Data items Under Section 63.1206(c)(3)(v), if there is an exceedance of an emission standard or operating requirement after an y AWFCO, irrespective of whether hazardous waste is in the combustion chamber, HWCs must: Investigate the cause of the AWFCO; Take appropriate corrective measures to minimize future AWFCOs; and Record the findings and corrective measures in the operating record. Section 63.1206(c)(3)(vi) requires that, for each set of 10 exceedances of an emission standard or operating requirement while hazardous waste remains in the combustion chamber during a 60

- day

block period, a written report must be submitted within 5 calendar day s of the 10th exceedance detailing the results of the investigation and corrective measures taken. Section 63.1206(c)(3)(vii) requires that the AWFCO system and associated alarms must be tested at least weekl y to verify operability, unless it is documented in the operating record that weekl y inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operability testing must be conducted at least monthly . AWFCO operability test procedures and result s must be documented and recorded in the operating record. Section 63.1206(c)(3)(viii) allows for ramping down the waste feedrate of pumpable hazardous waste over a period not to exceed one minute. Sources electing to ramp down the waste feed must document ramp down procedures in the operating and maintenance plan. The procedures must specify that the ramp down begins immediatel y upon initiation of automatic waste feed cutoff and the procedures must prescribe a bona fide ramping down (ii) Respondent activi ties Investigate the cause of an AWFCO, take appropriate corrective measures to minimize future AWFCOs, and record the findings and corrective measures in the operating record; Develop and submit a written report documenting excessive exceedances (i.e., a set of 10 exceedances during a 60

- day block period) and result of the investigation and corrective measures taken; Test the AWFCO sy stem and associated alarms weekl y and document and record AWFCO operability

test procedures and result in the operating rec ord; or, Alternativel y, document in the operating record that weekl y inspections will unduly restrict or upset operations and test the AWFCO sy stem monthly and document and record AWFCO operability

test procedures and result in the operating record; and Document in the operating and maintenance plan ramp down procedures, as applicable.12

**Emergency Saftey Vent ( ESV** **) Op**  **enings** (i) Data items Under Section 63.1206(c)(4)(ii), HWCs must develop an emergency safet y vent(ESV) plan, comply with the plan, and keep the plan in the operator record. The ESV plan must detail procedures for stopping the waste feed, shutting down the combustor, and maintaining temperature and negative pressure in the combustion chamber. Additionally , Section 63.1206(c)(4)(iii) requ ires that, after any ESV opening that is not a result of a malfunction, and which occurs when hazardous waste is in the combustion chamber, the HWC must: Investigate the cause of the ESV opening; Take appropriate corrective measures to minimize such futur e ESV openings, and record the findings and corrective measures in the operating record; Document whether the source remains in compliance with applicable standards; and Submit a written report to the Administrator if there is non

- compliance (within 5 day s of the ESV opening). (ii) Respondent activities Develop an ESV plan and keep the plan in the operating record; Investigate the cause of the ESV openings, take appropriate corrective measures to minimize such future ESV openings, and record the findings and corrective measures in the operating record; and Document whether the ESV caused non

- compliance with applicable emissions standards. Develop and submit a written report within 5 days of the event documenting the ESV opening and result of the i nvestigation and corrective measures taken if non

- compliance with applicable emissions standards. **Combustion System Leaks** (i) Data items Under Section 63.1206(c)(5), combustion s ys tem leaks of hazardous air pollutants must be controlled by

either: Keeping the combustion zone sealed to prevent combustion system leaks; or Maintaining the maximum combustion zone pressure lower than ambient pressure using an instantaneous monitor; or Upon prior written approval of the administrator, an alternative mean s of control to provide control of combustion system leaks equivalent to maintenance of combustion zone pressure lower than ambient pressure. Upon prior written approval of the administrator, other techniques which can be demonstrated to prevent fugitive e missions without use of instantaneous pressure limits.13

The method used for control of combustion sy stem leaks must be specified in the operating record, and also included in the comprehensive performance test plan and Notification of Compliance. (ii) Re spondent activities Prepare and submit a request to use an alternative means of control to provide control of combustion sy stem leaks; and Specify in the operating record, the comprehensive performance test plan, and in the Notification of compliance the method used for control of combustion sy stem leaks. If applicable the recording frequency of the pressure monitor must be specified.
**Operator Training and Certification** (i) Data items Under Section 63.1206(c)(6), HWCs must establish a training and certifi cation program for all categories of personnel whose activities may reasonably

be expected to directl y affect emissions of hazardous air pollutants from the source. Each training program must be of a technical level commensurate with the person’s job dutie s specified in the training manual. The operator training and certification program must be recorded in the operating record. Control room operators are required to be on duty at source at all times the source is in operation. The training and certification program for control room operators may be Developed b y the source and be site specific basis, and must follow EPA prescribed training topics outlined in 63.1206(c)(6)(v) or; A State program, or in the case of incinerator operators only Progr am meeting ASME standards QHO

- 1

- 1994 or QHO

- 1a

- 1996 or. QHO

- 1

- 2004 Control room operators must complete an annual review or refresher course as well. (ii) Respondent activities Establish a training and certification program for all employees. Provide tra ining and certification of control room operators under a source

- developed program or state program Provide annual refresher training for control room operators. Keep records of personnel training and certification. **Operating and Maintenance Plan** (i) Data i tems14

Section 63.1206(c)(7) requires HWC’s to prepare and at all times operate according to a operation and maintenance plan. The operating and maintenance plan must describe in detail procedures for operation, inspection, maintenance, and corrective measures for all components of the combustor, including associated pollution control equipment, that could affect emissions of regulated hazardous air pollutants. The plan must prescribe how the HWC will operate and maintain the combustor in a manner cons istent with good air pollution control practices for minimizing emissions at least to the levels achieved during the comprehensive performance test. The plan must be recorded in the operating record. (ii) Respondent Activities Prepare an operation and maint enance plan and record the plan in the operating record. **Bag Leak Detectors ( BLDS**  **) and**  **Particulate Matter Detectors ( PMDS**  **) Requirements**  (i) Data items For units with fabric filters, a “bag leak” detectors that meet the specifications in 63.1206 (c ) (8) (ii) or a particulate matter detector s ys tem that meets the specification in 63.1206 (c ) (9)must be used to show compliance as part of the operating and maintenance plan. The device must be equipped with an audible alarm. The OMP must outline procedures to follow in the event that the alarm limit is exceeded. EPA must be notified when excessive bag leak detection sy stem exceedances occur. (Specificall y if the alarm set point is exceeded more than 5% of the time in any six month block period). For units w ith electrostatic precipitator or ionizing wet scrubbers, continuous particulate matter detection sy stems must be used if alternate site

- specific operating limits are not requested and approved under Section 62.1209(m)(1)(iv). The device must be equipped w ith an audible alarm. The OMP must outline procedures to follow in the event that the alarm limit is exceeded. EPA must be notified when excessive bag leak detection sy stem exceedances occur. (Specificall y if the alarm set point is exceeded more than 5% of the time in any six month bloc period). The PM detector may

be correlated during the comprehensive performance test. Additional correlation tests are required annually or once every three years depending on the results of the first two tests (see 63.1206 (l)(2)) (ii) Respondent activities Use bag leak detectors (or PM detectors) for all units with fabric filters. For units with ESP or IWS, use continuous PM detectors if not compl yi ng with alternative operating parameter limits. Establish alarm levels for BLDS or PMDS Take corrective action in case the alarm limit is exceeded. Keep records of exceedences (date, time duration of alarm) and corrective action taken.15

Notify EPA if excessive bag leak detector exceedences occur. For units equipped with PM detect ors, conduct annual or 3

- ye arl y response audits. **PERFORMANCE TESTING REQUIREMENTS (Section 63.1207) Comprehensive Performance Test**  (i) Data items Under Section 63.1207(b)(1), HWCs must conduct comprehensive performance testing to demonstrate complianc e with MACT Replacement Rule emission standards provided by Sections, 63.1216 through 63.1221; establish limits for the operating parameters provided b y Section 63.1209; and demonstrate compliance with the performance specifications for continuous monitori ng systems. The initial comprehensive performance test must begin no later than 12 months after the compliance date for Phase I sources, and 6 months for Phase II sources. The comprehensive performance testing is required every 5 years. Under Section 63 .1207(d) (3) the HWC may request additional time (beyond the 60 day s after commencement) to complete testing if time is needed for reasons beyond the sources control. Under Section 63.1207(e)(2), the approved comprehensive performance test plan must be ma de available to the public (through public notice to persons on the facility public mailing list) no later than 60 day s before the initiation of the test. Under Section 63.1207(h)(2), current operating parameter limits may be requested to be waived during pre - testing for more than the standard 720 hours. Under Section 63.1207(l)(3)), after a failure of a comprehensive performance test, HWCs may request to burn hazardous waste for more than the standard 720 hours for purposes other than testing or pre

- test ing. (iii) Respondent activities Perform comprehensive performance testing every five ye ars. If applicable, request a 60 day time extension to complete testing. If necessary , request additional time to waive current operating parameter limits for pre testing. If compliance test fails, petition administrator to burn hazardous waste in the interim period prior to submitting notification of compliance. **Confirmatory Performance Test** (i) Data items16

Under Section 63.1207(d)(2), confirmatory performance testing is required mid

- way between comprehensive performance testing. Testing is required only for demonstration with the dioxin and furan (PCDD/PCDF) standard. Units that are not subject to a numerical PCDD/PCDF standard

– Liquid fuel boile rs with wet or no air pollution control sy stem, HCl Production Furnaces, and solid fuel boilers

– must conduct a single PCDD/PCDF performance test (or use previous PCDD/PCDF emissions test measurements if they

have sufficient data quality and are represent ative of current operations). Under Section 63.1207(g)(2) OPLs established to maintain compliance with the D/F standard, must be held within the range of the average value over the previous 12 months during testing. Also CO or HC CEMS must be between the average and maximum value allowed. The Administrator may

approve an alternative operating range Additionally , for all PCDD/PCDF testing, it may be requested to use Method 23 as an alternative to Method 23A. (ii) Respondent activities Conduct confirmatory

performance testing at intervals mid

- way between the comprehensive performance testing, or Conduct a one

- time PCDD/F test (if source belongs to a category without numerical PCDD/F standard) Request to operate under wider operating range for a paramet er during confirmatory performance testing. Request to use Method 23A if necessary
**Data in Lieu of the Initial Comprehensive Performance Test** (i) Data items Under Section 63.1207(c)(2), HWCs may request that previous emissions test data serve as documentation of conformance with the emission standards of Subpart EEE, provided that the previous testing:

 Meets sufficient quality assurance requirements;
 Was conducted after 54 months prior to the compliance date;
 Is in conformance with operations during testing requirements for comprehensive performance testing (Section 63.1207(g)(1)); and
 Is sufficient to establish the applicable operating parameter limits under Section 63.1209. (ii) Respondent activities

 Prepare and submit a request that previous emissions test data serve as documentation of conformance with emission standards.17

**Notification of Performance Test and CMS Performance Evaluation, and Approval of Test Plan and CMS Performance Evaluation Plan**  (i) Data items Under Sections 63.1207(e), a notification of intention to conduct a comprehensive and confirmatory

performance test and CMS performance evaluation and a site

- specific test plan and CMS performance evaluation plan must be submitted at least one ye ar before the performance test and perf

ormance evaluation are scheduled to begin. The EPA will notify the source of approval or intent to deny approval of the site

- specific test plan and CMS performance evaluation within 9 months after receipt of the original plan. Under Sections 63.1207(e), and 63.7(b), HWCs must submit a notification to the EPA of their intention to conduct a performance test 60 day s before the test is scheduled to begin. In the event the source is unable to conduct the performance test on the date specified in the notification requirement, the source shall notify the EPA within 5 day s prior to the scheduled performance date and specify the date when the performance test is rescheduled. As required b y Section 63.7(c), before conducting a required performance test, a site

- s pecific test plan must be submitted to the EPA for approval. The test plan must include:

 A test program summary;
 The test schedule;
 Data quality objectives; and
 Both an internal and external quality assurance (QA) program. Data quality objectives are the pretest expectations of precision, accuracy , and completeness of data. The internal QA program must include, at a minimum the activities planned to provide an assessment of test data precision (i.e., sampling and anal ys is of replicate samples). The e xternal QA program must include, at a minimum, application of plans for a test method performance audit (PA) during the performance test. The PA consists of blind audit samples provided b y EPA and anal yz ed during the performance test in order to provide a measure of test data bias. The external QA program may also include s ys tems audits that include the opportunity for on

- site evaluation b y EPA of instrument calibration, data validation, sample logging, and documentation of quality control data and field m aintenance activities. For confirmatory

performance tests, the site

- specific test plan must be submitted to EPA at least 60 calendar day s before the performance test is scheduled to take place (i.e., simultaneously with the notification of intention to co nduct a performance test), or on a mutually agreed upon date. EPA may request additional relevant information after the submittal of a site

- specific test plan. Per 63.1207(e)(2), the site

- specific test plan and CMS performance evaluation plan must be mad e available to the public to review 60 day s before the testing starts and a public notice must be issued indicating that the information is available.18

(ii) Respondent activities

 Prepare and submit a notification of intention to conduct a performance t est;  Prepare and submit a rescheduled notification of intent to conduct a performance test, if the test is postponed;
 Prepare and submit a site

- specific comprehensive performance test plan;
 Prepare and submit a CMS performance evaluation test plan.
 Prepare and submit additional relevant information requested b y the EPA.
 Make the approved test plan available to the public, and issue a public notice. **Notification of Compliance** (i) Data items Sections 63.1207(j)

- (l) require that, within 90 day s of completion of the comprehensive performance test, HWCs postmark a Notification of Compliance documenting compliance or noncompliance with the emission standards and continuous monitoring sy stem requirements, and identifying operating parameter limits under Section 63.1209 for a comprehensive performance test. Under Section 63.9(h), the Notification of Compliance must be signed b y the responsible official who must certify

its accuracy , attesting to whether the source has complied with the relevant standard. The notification must list: The methods that were used to determine compliance; The results of the performance test, opacity or visible emission observations, continuous monitoring sy stem (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted; The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods; The ty pe and quantit y of hazardous air pollutants emitted by the source , reported in units and averaging times and in accordance with the test methods specified in the relevant standard; An anal ys is demonstrating whether the affected source is a major source or an area source; A description of air pollution control equipment (or method) for each emission point, including each control device (or method) for each hazardous air pollutant and control efficiency (percent) for each control device (or method); and A statement by

the owner or operator of the affected existing, new or reconstructed source as to whether the source has complied watts the relevant standard or other requirements. As required b y Sections 63.7(g) and 63.10(d)(2), and as stated above, results of the performance tests shall be submitted as part of the notific ation of compliance status. Under Section 63.1210(d), the Notification of Compliance status requirements of Section 63.9(h) apply , except that: The notification is a Notification of Compliance, rather the compliance status;19

The notification is required f or the initial comprehensive performance test and each subsequent comprehensive and confirmatory performance test; and The notification must be postmarked before the close of business on the 90th day following completion of relevant compliance demonstrati on activity rather than the 60th day

as required b y Section 63.9(h)(2)(ii). The Notification of Compliance requirements of Section 63.1207(j) also apply

. Under Section 63.1207(j) (4), a written request for a time extension may be submitted to the EPA. Th e request must document that a source may not be able to meet the 90

- day deadline for reasons beyond its control. (ii) Respondent activities Prepare and submit a Notification of Compliance. Prepare and submit a written request for a time extension, if necessary . **Waiver of Performance Test or Time Extension for Performance Testing if Test Plan has not been Approved**  (i) Data items Under Section 63.7(h), Section 63.1207(e)(3), and Section 62.1207(i), performance tests may be requested to be waived (or give n a time extension of up to one year to conduct the performance test) with a written application to the EPA if: The source is meeting the relevant standards on a continuous basis; The test plan has been submitted to EPA but has not yet been approved. T he application for a waiver or time extension must be submitted at least 60 day s before the required performance test data, or 60 day s before the scheduled date of the performance test if the site

- specific test plan has been submitted but not yet approved. The application for a waiver of a performance test must include information justifying the source’s request for a waiver, such as the technical or economic infeasibility , or the impracticality , of the affected source performing the required test. It mus t also include documentation to enable the EPA to determine that the source is meeting the relevant standards on a continuous basis as required b y Section 63.7(h)(2). Extension requests for the initial comprehensive performance test must include a Documentation of Compliance to assist EPA in making this determination. Also, the source must notify the public of the petition to waive the performance test. Additionally , under Section 63.1207(m), HWCs are not required to conduct performance tests to docume nt compliance with the mercury , semivolatile metal, low volatile metal or total chlorine gas emission standard if the twelve

- hour rolling average maximum theoretical emission20

concentration (MTEC) does not exceed the emission standard. To document complian ce with this provision, HWCs must: Monitor and record the feedrate of mercury , semivolatile metals, low volatile metals, and total chlorine from all feedstreams according to Section 63.1209(c); Monitor with a CMS and record in the operating record the gas flowrate (either directl y or b y monitoring a surrogate parameter that is correlated to gas flowrate); Continuously

calculate and record in the operating record the MTEC; Or alternatively , Id entify in the Notification of Compliance a minimum gas flowrate limit and a maximum federate limit of mercury, semivolatile metals, low volatile metals, and/or total chlorine from all feedstreams that ensues the MTEC is below the applicable emission standard; and Interlock the MTEC calculated or the minimum ga s flowrate limit and maximum federate limit to the AWFCO system to stop hazardous waste burning when the MTEC exceeds the emission standard or when the gas flowrate or mercury , semivolatile metals, low volatile metals, and/or total chlorine federate exceed s the limit as identified in the Notification of Compliance. It must be stated in the site

- specific test plan submitted for review and approval the intention to comply with the provisions of 63.1207(m). (ii) Respondent activities Prepare and submit an application for a waiver or time extension of performance test. Notify public of waiver or time extension request. **MONITORING REQUIREMENTS (Section 63.1209) Continuous Emissions Monitoring Systems (CEMS) and Continuous Opacity Monitoring**  **Systems (COMS )**  (i) Data items Under Section 63.1209(a), HWCs must use a CEMS to demonstrate and monitor compliance with the carbon monoxide and/or h ydrocarbon standards. HWCs must also use an ox ygen CEMS to continuously

correct the carbon monoxide and h ydrocarbon levels to 7 percent ox ygen. Additionally , cement kilns not equipped with bag leak detector, must use a COMS to demonstrate and monitor compliance with opacity standards for existing and new kilns. Certain cement kilns may

conduct daily

visual stack testing (per Method 9) in lieu of COMS. (ii) Respondent activities21

Install, calibrate, maintain, and continuously operate CEMS for carbon monoxide, hydrocarbons, and oxygen; and For existing and new cement kilns, install, calibrate, maintain, and continuously operate COMS for opacity , or Conduct daily

visual stack testing **Use of CEMS in Lieu of Operating Parameter Limits or Alternative Methods in**
**- Lieu of**  **CEMS** (i) Data items

 Under Sections 63.1209(a)(5) and 63.8(f), HWCs may request the use of CEMS in lieu of operating parameter limits, or alternative methods in lieu of CEMS. (ii) Respondent activities

 Request the use of CEMS in lieu of operating parameter limits, or alternative methods in lieu of CEMS. **Other Continuous Monitoring Systems** (i) Data items Under Section 63.12 09(b) other continuous monitoring s ys tems (such as thermocouples, py rometers, pressure transducers and flow meters) must be used to monitor various combustion and air pollution control device operating parameters. Sources must follow manufacturers written specifications for installation, operation and calibration of CMS. CMS evaluation plan and test plan must also be developed as discussed below in more detail. (ii) Respondent activities Install and operate all CMS as required for compliance with required operating parameter limits. **Feedstream Analysis Plan** (i) Data items Section 63.1209(c)(2) requires HWC to develop and implement a feedstream analysis plan and record it in the operating record. If requested the plan must be submitted to the administrator for review and approval. The plan must specify at a minimum:

 The parameters for which each feedstream will be anal yz ed to ensure compliance with the operating parameter limits of 40 CFR Part 63;22

 Whether the source will obtain the anal ys is by performing sampling and analy sis or by other methods, such as using anal yt ical information obtained from others.
 How the anal ys is will be used to document compliance with all applicable feedrate limits (e.g., if hazardous wastes are blended and obtain analy ses of the wastes prior to blending but not of the blended, unfired, waste, the plan must describe how the pertinent parameters if the blended waste will be determined);
 The test methods which will be used to obtain the anal ys es;  The sampling method which will be u sed to obtain a representative sample of each feedstream to be analyzed using the sampling methods described in Appendix 1X of Part 266 or an equivalent method; and
 The frequency

with which the initial analy sis of the feedstream will be reviewed or repeate d to ensure that the anal ys is is accurate and up to date. Additionally , under Section 63.1209(c)(4), to comply with the applicable federate limits, feedrates must be monitored and recorded as follows: Determine and record the value of the parameter for each feedstream b y sampling and anal ys is or other method; Determine and record the mass or volume flowrate of each feedstream b y C MS. If the flowrate of a feedstream in determined b y volume, the density of the feedstream must be determined and recorded by sampling and anal ysis (unless the constituent concentration is reported in units of weight per unit volume (e.g., mg/L)); and Calculate and record the mass federate of the parameter per unit time. (ii) Respondent activities

 Develop and implement a feedstream anal ys is plan and record the plan in the operating record;
 Submit the plan for review and approval, if requested by the EPA; and
 Monitor and record feedrates. **CMS Quality Control Program** (i) Data items Under Sections 63.1209(d) and 63.8(d), HWCs mu st develop and implement a CMS quality control program. Each quality control program must include, at a minimum, a written protocol that describes procedures for each of the following operations:

o Initial and an y subsequent calibration of the CMS; o Determ ination and adjustment of the calibration drift of the CMS; o Preventive maintenance of the CMS, including spare parts inventory ; o Data recording, calculations, and reporting; o Accuracy

audit procedures, including sampling and anal ys is methods; and o Program of corrective action for a malfunctioning CMS.23

Sources must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63, and are to be made avai lable for inspection by the EPA, if requested. Where relevant, these written procedures may be incorporated as part of the affected source’s startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts. (ii) Respon dent activities

o Develop and implement a CMS quality control program; o Keep the CMS quality control program on record for the life of the affected source or until the affected source is no longer subject to the provisions of 40 CFR Part 63; and o Submit the C MS quality control program for inspection, if requested by the EPA. **Notification of CMS Performance Evaluation** (i) Data items As required b y Sections 63.1209(d) and 63.8(e)(2), HWCs must notify the EPA in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under Section 63.7(b) or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required. It is noted that Section 63.8(e)(2 ) is superseded by Section 63.1207(e) requiring sources to submit the site

- specific test plan and the CMS performance evaluation plan for approval at least one ye ar prior to the planned test date. (ii) Respondent activities

 Prepare and submit a notification of CMS performance evaluation. **Additional Notification Requirements for CMS** (i) Data items Under Section 63.1210(a)(1) and Sections 63.9(g)(2) and (3), HWCs must furnish the EPA with the following written notifications:

 A notification that COMS data results will be used to determine compliance with the applicable opacity

emission standard during a performance test, if compliance with an opacity emission standard is required for the source by the relevant standard. The notification shut be submitted at least 60 calendar day : before the performance test is scheduled to begin; and

 A notification that the criterion necessary to continue use of an alternative to relative accuracy testing has been exceeded. The notification shall be delivered or postmarked not later the 10 day s after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions.24

(ii) Respondent activities

 Prepare and submit additional notification requirements for sources with CMS. **S ubmission of Site** 
**- Specific CMS Performance Evaluation Test Plan**  (i) Data items As required b y Section 63.1209(d) and 63.8(e)(3), before conducting a required CMS performance evaluation, HWCs must develop and submit a site

- specific performance evaluation te st plan to the EPA for approval upon request. The performance evaluation test plan shall include: 1. The evaluation program objectives; 2. An evaluation program summary ; 3. The performance evaluation schedule; 4. Data quality objectives; and 5. Both an internal and e xternal QA program. Data quality objectives are the pre

- evaluation expectations of precision, accuracy , and completeness of day

. The internal QA program shall include, at a minimum, the activities planned by routine operators and anal ys ts to provide an assessment of CMS performance. The external QA program shall include, at a minimal sy stem audits that include the opportunity for on

- site evaluation by the EPA of instrument calibration, data validation, sample logging, and documentation of quality contro l data and held maintenance activities. The source shall submit the site

- specific performance evaluation test plan to the EPA (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually

agr eed upon date. The EPA may request additional relevant information after the submittal of a site

- specific performance evaluation test plan. It is noted that Section 63.8(e)(3)(iii) is superseded by Section 63.1207(e) requiring sources to submit the site

- specific test plan and the CMS performance evaluation plan for approval at least one year prior to the planned test date. (ii) Respondent activities

 Develop and submit a CMS site

- specific performance evaluation test plan; and
 Submit additional relevant information, if requested by the EPA. **Conduct of CMS Performance Evaluation and Performance Evaluation Dates** (i) Data items25

Under Section 63.1209(d) and 63.8(e))(4), the HWCs must conduct a performance evaluation of a required CMS during any p erformance test required under Section 63.7 in accordance with the applicable performance specification as specified in the relevant standard. Additionally , performance evaluations of components of the CMS must be conducted under the frequency and procedur es (for example, submittal of performance evaluation test plan for review and approval) applicable to performance tests as provided b y Section 63.1207. (iii) Respondent activities

 Conduct a CMS performance evaluation. **Reporting Results of CMS Performance Ev aluations**  (i) Data items Under Section 63.8(e)(5), the owner or operator of an affected source required to install a CMS by the relevant standard shall furnish the EPA a copy of a written report of the results of the CMS performance evaluation, simultaneously with the results of the performance test.. Additionally , sources using a COMS to determine opacity compliance during an y performance test shall furnish to EPA two or, upon request, three copies of a written report of the results of the COMS performance evaluation. The copies shall be furnished at least 15 calendar day s before the performance test. (ii) Respondent activities

 Prepare and submit a written report of the results of the CMS performance evaluation; and
 Prepare and submit written reports of the result of the COMS performance evaluation, as applicable. **Alternative Compliance Monitoring Requirements for Standards other than those Monitored with a CEMS**  (i) Data items Under Section 63.1209(g)(1), HWCs may submit an application to the EPA for approval of alterative monitoring requirements to document compliance with the emission standards of Subpart EEE other than CO or HC which are monitored with a CEMS. An application to waive an operating parameter limit may be submitted based o n documentation that neither that operating parameter limit nor an alternative operating parameter limit is needed to ensure compliance with the emission standards of Subpart EEE. The application must be submitted to the EPA not later than with the compre hensive test plan. The application must include:

 Data or information justifying the request for an alternative monitoring requirement (or for a waiver of an operating parameter limit), such as the technical or economic infeasibility or the impracticality of using the required approach;26

 A description of the proposed alternative monitoring requirement, including the operating parameter to be monitored, the monitoring approach/technique (e.g., ty pe of detector, monitoring location), the averaging period for the limit, and how the limit is to be calculated; and
 Data or information documenting that the alternative monitoring requirement would provide equivalent or better assurance of compliance with the relevant emission standard, or that it is the monitoring r equirement that best assures compliance with the standard and that is technically

and economically

practicable. The administrator will notify approval or intention to deny approval of the request within 90 calendar day s after receipt of the original reque st and within 60 calendar day s after the receipt of any supplementary

information that is submitted. The EPA may determine on a case

- by

- case basis at an y time that additional or alternative operating parameters may need to be limited, or that alternative approaches to establish limits on operating parameters may be necessary

to document compliance with the emission standards of Subpart EEE. (ii) Respondent Activities

 Prepare and submit an application for use of an alternative monitoring method for operating parameter requirements; and/or;
 Prepare and submit an application to waive operating parameter limits. **Destruction and Removal Efficiency** (i) Data items Under Section 63.1209(j), HWCs must remain in compliance with the destruction and removal efficiency (DRE) standard by establishing operating limits during the comprehensive performance test (or during a previous DRE test) and complying with those limits at all times that hazardous waste remains in the combustion chamber. OPLs must be established and comp lied with for: 1. Minimum combustion chamber temperature; 2. Maximum flue gas flowrate or production rate; 3. Maximum hazardous waste federate; and 4. Operation of waste firing sy stem. (ii) Respondent activities

 Comply

with the following operating limits: minimum combustion chamber temperature; maximal gas flowrate or production rate; maximum hazardous waste feedrate, and operation of waste firing sy stem. **PCDD/PCDF** (i) Data items27

Under Section 63.1209(k), HWCs must comply with the dioxin and furan emission s tandard by establishing and complying with the following operating parameter limits based limits on operations during the comprehensive performance test:

 Gas temperature at the inlet to a dry particulate matter control device (LWAKs must instead measure gas temperature at the exit of the last combustion chamber);
 Minimum combustion chamber temperature (applies to all sources except cement kilns),
 Maximum flue gas flowrate or production rate
 Maximum hazardous waste feedrate;
 Parameter limits for the following air pollution control devices:

- Activated carbon injection sy stems, with limits including carbon feedrate and operating temperature, as well as param eter limits for PM capture device;

- Carbon bed s ys tems, where operating parameters to monitor and control bed age must be specified on a site specific basis in the comprehensive performance test plan;

- Cataly

tic oxidizers, with limits on operating temperat ure; and

- Inhibitor federates. Under Section 63.1209(k)(6)(iii)(B), HWCs equipped with activated carbon injection sy stems may substitute at any

time a different brand or typ e of carbon provided that the replacement has equivalent or improved properties co mpared to the carbon used in the performance test and conforms to the key

solvent parameters. Documentation that the substitute carbon will provide the same level of control as the original carbon must be included in the operating record. Under Section 63 .1209(k)(7)(ii)(B), HWCs equipped with carbon bed s ys tems day substitute at any time a different bind or ty pe of carbon provided that the replacement his equivalent or improved properties compared to the carbon used in the performance test. Documentation that the substitute carbon will provide the same level of control as the original carbon must be included in the operating record. For HWCs feeding dioxin/furans inhibitors into the combustion sy stem, under Section 63.1209(k)(9)(ii)(B), a different brand o r t yp e of inhibitor may be substituted at an y time provided that the replacement has equivalent or improved properties compared to the inhibitor used in the performance test and conforms to the key parameter that affect the effectiveness of the inhibitor. Documentation that the substitute inhibitor will provide the some level of control as the original inhibitor must be included in the operating record. (ii) Respondent activities Comply with the following operating parameter limits:

 Gas temperature at the i nlet to a dry particulate matter control device;
 Minimum combustion chamber temperature;
 Maximum flue gas flowrate or production rate;
 Maximum hazardous waste federate; particulate matter operating limit;28

 Operating parameter limits for activated carbon injection or carbon bed s ys tems, catal yt ic oxidizers, and inhibitors; and
 If carbon is used, document in the operating record that replacement carbon will provide the same level of control as the original carbon used during the performance test.
 If inhibitors are used, document in the operating record that replacement inhibitor will provide the some level of control as the original inhibitor used during the performance test. **Mercury** (i) Data items Under Section 63.1209(l) HWCs must comply with the mercury

emission standard by establishing and complying with the following operating parameter limits. These limits must be based on operations during the comprehensive performance test (or manufacturer specifications):

 Feedrate of total mercury; and
 Parameter limits for the following air pollution control devices:

- Wet scrubbers;

- Activated carbon injection sy stems; and

- Activated carbon bed systems. A 12 hour rolling average limit (or an annual rolling average limit in the case of liquid boilers) for the total feedrate of mercury in all feedstreams must be established as the average of the hourly rolling averages for each run. However, under Sections 63.1220(a)(2)(iii), 63.1221 (a)(2)(ii) ceme nt kilns and LWAKs complying with the alternate mercury standard would establish a 12 hour rolling average limit for mercury

from hazardous waste feedstreams. Under Section 63.1209(l)(1)(v) sources may request as part of the performance test plan to use the Hg feedrates and associated emission rates during the CPT to extrapolate to higher feedrates. (ii) Respondent activities

 Comply

with the following operating parameter limits: feedrate of total mercury ; and parameter limits for wet scrubbers, and activated carbon injection or carbon bed sy stems; or  Install, calibrate, maintain and continuously operate CEMS for compliance monitoring for mercury .  Request to extrapolate mercury feedrate limits. **Particulate Matter** (i) Data items29

Under Section 63.1209(m ), HWCs must comply with the particulate matter emission standard by establishing and complying with the following operating parameter limits based on operations during the comprehensive performance test: APCD operating limits for:

- Wet scrubbers

- scrubber liquid/gas ratio, scrubber liquor solid content and for high energy wet scrubbers only

– min pressure drop

- Baghouses, including pressure drop and gas flowrate.

- Electrostatic precipitators, including power input and gas flowrate.

- Other part iculate matter control devices. Maximal flue gas flowrate or production rate, and Maximum ash feedrate. Alternatel y, install, calibrate, maintain and continuously operate CEMS for compliance monitoring for PM. (ii) Respondent activities

 Comply

with the fol lowing operating parameter limits:

- APCD operating limits for wet scrubbers, fabric filters, or electrostatic precipitators

- Maximum flue gas flowrate or production rate; and Maximum ash feedrate; **Semivolatile Metals and Low Volatile Metals** (i) Data items Under Section 63.1209(n), HWCs must comply with the semivolatile metal (cadmium and lead) and low volatile metal (arsenic, beryllium, and chromium) emission standards by establishing and complying with the following operating parameter limits base o n operations during the comprehensive performance test:

 Maximize inlet temperature to dry particulate matter air pollution control device;
 Maximum feedrate of semivolatile and low volatile metals; APCD operating parameter limits specified for particulate matter;  Maximum total chlorine and chloride federate; and
 Maximum flue gas flowrate or production rate. A 12

- hour rolling average limit for the federates of combined semivolatile metals and combined low volatile metals must be established, in all feeds treams as the average of the average hourl y rolling averages for each run, as well as a 12

- hour rolling average limit for combined semivolatile metals in all pumpable feedstream as the average of the average houry rolling averages for each run. Dual feedrate limits for both pumpable and total feedstreams are not used if the total feedrate limit is based solely on the feedrate of pumpable feedstreams.30

Under Section 63.1209(n)(2)(ii) the use semivolatile metal and low volatile metal feedrates and associated emission rates during the comprehensive performance test to extrapolate to higher allowable federate limits and emission rates may be requested as part of the performance test plan. (ii) Respondent activities

 Comply

with the following operating paramet er limits: Maximum inlet temperature to dry particulate matter air pollution control device; Maximum feedrate of semivolatile and low volatile metals; APCD operating parameter limits specified for particulate matter; Maximum total chlorine and chloride feedrate Maximum flue gas flowrate or production rate; and
 Prepare and submit request to extrapolate semivolatile metal and low volatile metal feedrate limits; or
 Request to extrapolate semivolatile and low volatile metal feedrate limits. **Total Chlorine (Hydrogen Chloride and Chlorine Gas)** (i ) Data items Under Section 63.1209(o), HWCs must comply with the total chlorine emission standard by establishing and complying with the following operating parameter limits based on operat ions during the comprehensive performance test:

 Feedrate of total chlorine and chloride;
 Maximum flue gas flowrate or production rate;
 Parameter limits for the following air pollution control devices: wet scrubbers and dry scrubbers. For HWCs equipped with dry scrubbers, under Section 63.1209(o)(4)(iii)(B), a different brand or ty pe of sorbent may

be substituted at any

time provided that the replacement has equivalent or improved properties compared to the serpent used in the performance test and confor ms to the key parameters. Documentation that the substitute sorbent will provide the some level of control as the original sorbent must be included in the operating record. (iii) Respondent activities Comply with the following operating parameter limits:

 Comply

with the following operating parameter limits feedrate of total chlorine and chloride; maximum flue gas flowrate or production rate; and operating parameter limits for wet and dry

scrubbers; and
 Document in the operating record that replacement sorbent will provide the same level of control as the original sorbent used during the performance test;31

**Combustion Chamber Pressure** (i) Data items Under 63.1209 (p), instantaneous monitoring of combustion zone pressure (ensuring that the combustion zone pressure is lower than ambient pressure) may be used to comply

with provisions for controlling combustion sy stem leaks. (ii) Respondent activities

 Monitor and record combustion zone pressure. **Operating under Different Modes of Operation** (i) Data items Given that HWCs must establish limits for applicable operating parameters based on operations during the comprehensive performance test, under Secti on 63.1207(g)(1)(i), a HWC may conduct testing under two or more operating modes to provide operating flexibility

. Under Section 63.1209(q), when the HWC changes a mode of operation and begins complying with the operating parameter limits for an alternati ve mode of operation, it must be recorded in the operating record. (ii) Respondent activities

 Document the mode of operation in the operating record, if a source has tested under two or more operating modes. **NOTIFICATION REQUIREMENTS (Section 63.1210)** HWCs must submit various notifications listed under Section 63.1210(a)(1).. HWCs may also choose to submit a number of notifications listed under Section 63.1210(a)(2) for requests, petitions, or applications in order to compl y with reduced or alternati ve requirements. Note that several of these notifications have been addressed in other sections of this ICR. This section provides descriptions of notification requirements not discussed in preceding or later sections of this document. **Initial Notifi cations**  (i) Data items A Notification of Intent to Comply (NIC) must be prepared by all sources as outlined in 63.1210 (b). The NI C must discuss various milestone dates of key activities that are planned to bring the source into compliance and a description of the source and how it intends to comply with the HWC MACT Rule.32

The initial notification requirements of Section 63.9(b) appl y when sources become subject to the relevant standard. Sources with an initial startup date before the effective date of the relevant standard must notify

the EPA in writing that the source is subject to the relevant standard. The notification must be submitted not later than 120 calendar day s after the effective date of the relevant standard (or within 120 calendar day s of the source becomes subject to the relevant standard), and shall provide the following information:

 The name and address of the owner or operator;
 The address of the affected source;
 An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date;
 A brief description of the nature, size, design, and method of operation of the source, including its operating design capacity and an identification of each point of emission for each hazardous air pollutant, or if a definitive identification is not yet possible, a preliminary

identification of each point of emission for each hazardous air pollutant; and
 A statement of whether the affected source is a major source or an area source. A ne w or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, with an initial startup after the effective date of the relevant standard and for which reapplication for approval of construction or reconstruc tion is not required, must notify the EPA in writing that the source is subject to the relevant standard no later the 120 day s after initial startup. The notification must provide all the information listed above. After the effective date of the relevant standard, sources who intend to construct a new affected source, or reconstruct a source such that it becomes an affected source, must notify the EPA in writing of the intended construction or reconstruction. The notification must be submitted as soon as practicable before the construction or reconstruction commences after the effective date of the relevant standard or as soon as practicable before startup but no later than 60 day s of the relevant standard if the construction or reconstruction had commenc ed and initial startup has not occurred before the standard’s effective date. The notification must include all the information required for an application for approval of construction or reconstruction, as described below. A public meeting must be held t o discuss the NIC, conducted at least 10 months before the initial rule compliance date. A draft NIC must be made available to the public 30 days before the meeting. The final NIC must be submitted to EPA within 1 year of the effective rule date. The fi nal NI C must include a summary of the public meeting. A progress report must be prepared not later than 2 years after the effective rule date. The progress report must discuss information documenting the completion of activities contained in the NI C; and a updated schedule of future activities to comply with the MACT standards. ii) Respondent activities

 Prepare and submit initial notice
 Prepare draft NI C;33

 Notify public;
 Conduct public meeting;
 Prepare and submit the final NI C;
 Prepare and submit progress report **Change in Information Already Provided** (i) Data items As required b y Section 63.9(j), an y change is the information already provided under Section 63.9 must be provided to the EPA in writing within 15 calendar day s after the change. (ii) Respo ndent activities Submit change(s) in the information already provided. **Application for Approval of Construction or Reconstruction** (i) Data items Under Section 63.5(d), a separate application must be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction must include at a minimum: The applicant’s name and address; A notification of intention to construct a new major affected source of make any ph ys ical or operational change to a major affected so urce that may meet or has been determined to meet the criteria for a reconstruction;
 The address or proposed address of the source;
 An identification of the relevant standard that is the basis of the application;
 The expected commencement date of the con struction or reconstruction;
 The expected completion date of the construction or reconstruction;
 The anticipated date of (initial) startup of the source; and
 The ty pe and quantit y of hazardous air pollutants emitted by the source, or if actual emissions data are not ye t available, an estimate of the ty pe and quantit y of hazardous air pollutants expected to be emitted by the source. Sources who submit estimates or preliminary information in place of the actual emissions data and anal ys is must submit the actual measured emissions data and other correct information as soon as available but no later than with the Notification of Compliance status. Additionally , each application for approval of construction must include technical information describing the prop osed nature, size, design, operating design capacity , arid method of operation of the source, including an identification of each point of emission for each hazardous air pollutant that is emitted (or could be emitted) and a description of the planned air pollution control sy stem (equipment or method) for each emission point.34

Each application for approval of reconstruction must also include:

 A brief description of the affected source and the components that are to be replaced;
 A description of present and proposed emission control sy stems (i.e., equipment or methods);
 An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;  The estimated life of the affected source our the replacements;
 A discussion o f an y economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements; and
 If in the application for approval of reconstruction the owner or operator designates the affected s ource as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or other requirements, the owner or operator need not submit the information required in the l ast three bullets listed above. The EPA may

request additional relevant information after the submittal of an Application for approval of construction or reconstruction. It is noted that Section 63.9(b)(1)(i) pertains to notification requirements for are a sources that become a major source, and Section 63.9(b)(2)(v) requires a major source determination. Although area sources are subject to all provisions of Subpart EEE, these sections nonetheless appl y because the major source determination may affect the applicability of Part 63 standards or of Title V permit requirements to other sources (i.e., other than the hazardous waste combustor) of hazardous air pollutants at the facility. (ii) Respondent activities

 Prepare and submit an application of approval of construction, as applicable;
 Prepare and submit an application of approval of reconstruction, as applicable; and
 Submit additional relevant information as requested by the EPA. **Adjustment to Time Periods or Postmark Deadlines for Submittal and Review of Required**  **Communications** (i) Data items Under Section 63.9(i), the owner or operator of an effected source shall request an adjustment for submittal and review of required time period or postmark deadline each time they wish to change an applicable time peri od or postmark deadline specified in 40 CFR Part 63. The request must be made in writing as soon as practicable before the subject activity is required to take place. The sources must include in the request whatever information he or she considers useful to convince the EPA that an adjustment is warranted. The EPA will notify the source in writing of approval or disapproval of the request for an adjustment within 15 calendar day s of receiving sufficient information to evaluate the request. (ii) Re spondent activities35

Prepare and submit a request for an adjustment to a time period or postmark deadline. **Request to Reduce Frequency of Excess Emissions and Continuous Monitoring System Performance Reports**  (i) Data items Under Section 63.10(e)(3)(ii), an owner or operator of an affected source required by a relevant standard to submit excess emission: and continuous monitoring sy stem performance (and summary) reports on a quarterl y (or more frequent) basis may reduce the frequency of reporting for that s tandard to semiannual if the following conditions are met: For 1 full ye ar (e.g., 4 quarterl y or 12 monthl y reporting periods) the affected source’s excess emissions and continuous monitoring sy stem performance reports continually demonstrate that the source is in compliance with: the relevant standard; The source continues to comply with all recordkeeping and monitoring requirements; and The EPA does not object to a reduced sequence of reporting for the affected source. The frequency

of reporting of excess emissions and continuous monitoring s ys tem performance (and summary) reports may be reduced onl y alter the source notifies the EPA in writing of its intention to make such a change and the EPA does not object to the intended change. (ii) Respondent act ivity Prepare and submit a request to reduce frequency of excess emissions and CMS performance reports. **Waiver of Recordkeeping or Reporting Requirements** (i) Data items Under Section 63.10(f), recordkeeping or reporting requirements may be wa ived upon written application to the EPA if, in the EPA’s judgement, an affected source is achieving the relevant standards, or the source is operating under an extension of compliance, or the source has requested an extension of compliance and the EPA is still considering that request. If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance, an y required compliance progress report or compliance stabs report required or in the source’s title V permit, or an excess emissions and continuous monitoring system performance report, whichever is applicable. The application shall include whatever information the source considers useful to convince the EPA that a waiver of recordkeeping or reporting is warranted. (ii) Respondent activities Prepare and submit a waiver of recordkeeping or reporting.36

**RECORDKEEPING AND REPORTING REQUIREMENTS (Section 63.1211)** Section 63.1211(a) provides a summary of the various reporting requirements that must be submitted by

HWCs. Documents, data, or information that must be retained in the operating record are summarized in Section 63.1211(b). The following section provides descriptions of reporting and recordkeeping requirements not discussed in preceding or following sections of this document. **Periodic and Immediate Startup, Shutdown, and Malfunction Reports** (i) Data items Under Section 63.10(d)(5)(i), if actions taken during a startup, shutdown, or malfunction are consistent with the procedures specified in the source's startup, shutdown, and malfunction plan, such information must be stated in a setup, shutdown, and malfunction report. Reports are required if a startup, shutdown, or malfunction occurred during the reporting period. The startup, shutdown, and malfunction report shall consist of a letter, containing the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy , that shall be submitted to the EPA semiannually . The report shall be delivered or postmarked b y the 30th day following the end of each calendar half (or other calendar reporting period, as appropriate). Under Section 63.10(d)(5)(ii), an y time an action taken during a startup, shutdown, and malfunction is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the actions take: for that event shall be reported within 2 working day s after commencing actions inconsistent with the plan followed by a letter within 7 worki ng after the end of the event. The immediate report required shall consist of a telephone call (or facsimile (FAX) transmission) to the EPA within 2 working day s after commencing actions inconsistent with the plan, and it shall be followed by a letter, del ivered or postmarked within 7 working day s our the end of the event, that contains the name, title, and signature of the responsible official who is certifying its accuracy , explaining the circumstance of the event, the reasons for not following the startu p, shutdown, and malfunction plan, and whether an y excess emissions and/or parameter monitoring excellences are believed to have occurred. (ii) Respondent activities

 Prepare and submit a periodic startup, shutdown, and malfunction report, as applicable; and
 P repare and submit an immediate startup, shutdown, and malfunction plan, as applicable. **Excess Emissions and Continuous Monitoring System Performance Report and Summary Report**  (i) Data items37

Under 63.10(e)(3)), as appropriate, sources are required to submit an excess emissions and continuous monitoring system performance report and/or summary report to the EPA semiannually . The report must contain the following information:

 The compan y name and address of the affected source;
 An identification of each hazardous air pollutant monitored at the affected source;
 The beginning and ending dates of the reporting period;
 A brief description of the process units;
 The emission and operating parameter limitations specified in the relevant standard(s);
 The monitoring equipment manufacturer(s) and model number(s);
 The date of the latest CMS certification or audit;
 The total operating time of the affected source during the reporting period ;  An emissions data or operating parameter CMS summary , including:

- The total duration of excess emissions during the reporting period;

- The total duration of excess emissions expressed as a percent of the total source operating time during that reporting period; and

- A breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control equipment problems, process problems, other known causes, and other unknown causes;
 A CMS performance summary (or similar summary

if the owner or operator monitors control sy stem parameters), including:

- The total CMS downtime during the reporting period; and downtime expressed as a percent of the total source operating time during that reporting period; and
 The name, title, and signature of the responsible official who is certifying the accuracy of the report; and
 The date of the report. All excess emissions and monitoring sy stem performance reports and all summary reports, if required, shall be delivered or postmarked b y the 30th day following the end of each calendar ye ar, as appropriate. (ii) Respondent activities

 Prepare and submit an excess emissions and monitoring s ys tem performance report and summary report. **General Recordkeeping Requirements** (i) Data items Under Section 63.10(b), sources must maintain files of all information (including the various reports and notifications) in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 ye ars follow ing the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimal, the most recent 238

ye ars of data shall be retained on site. The remaining 3 years of data may be retained off

- site. Such files may

be maintained in microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche. Sources must maintain relevant records for such source of: The occurrence and duration of each startup, shutdowns or malfunction of operation; The occurrenc e and duration of each malfunction of the air pollution control equipment; All maintenance performed on the air pollution control equipment; Actions taken during periods of startup, shutdown, aid malfunction when such actions are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan; All information necessary to demonstrate conformance with the affected source's startup, shutdown, and malfunction plan are consistent with the procedures specified in such pl an; Each period during which a CMS is malfunctioning or inoperative; All required measurements needed to demonstrate compliance with a relevant standard; All required measurements needed to demonstrate compliance with a relevant standard; All results of pe rformance tests, CMS performance evocations, and opacity ad visible emissions observations; All measurements as may be necessary to determine the conditions of performance tests and performance evaluations; All CMS calibration checks; All adjustments and m aintenance performed on CMS; Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver; Al1 emission levels relative to the criterion for obta ining permission to use an alternative to the relative accuracy

test, if the source has been granted such emission; and All documentation supporting initial notifications and notifications of compliance. (iii) Respondent activities Retain files of all inform ation (including all reports and notification) for at least 5 years **Additional Recordkeeping Requirements for Continuous Monitoring Systems** (i) Data items Under Section 63.10(c), the owner or operator of an affected source required to install a CMS by a relevant standard must maintain records for such source of: All required CMS measurements The date and time identifying each period during which the CMS was out of control; The specific information of each period of excess emissions and parameter monitori ng exceedances, as defined in the relevant standard(s), that occurs during startups, shutdowns, and malfunctions of the source;39

The specific information of each time period of excess emissions and parameter monitoring exceedances, as defined in the releva nt standard(s), that occurs during periods other than startups, shutdowns, and malfunctions of the source; The nature and cause of any malfunction; The corrective action taken or preventive measures adopted; The nature of the repairs or adjustments to the CMS that was inoperative or out of control; The total process operating time during the reporting period; and All procedures that are part of a quality control program developed and implemented for CMS. ( ii) Respondent activities Maintain additional re cords for continuous monitoring s ys tems. **Documentation of Compliance** (i) Data Items As required b y Section 63.1211(c), b y the compliance date, a Documentation of Compliance must be developed and included in the operating record. The Documentation of Compliance must identify

the applicable emission standards under Subpart EEE and the limits on the operating parameters under Section 63.1209 that will ensure compliance with those emission standards. A signed and dated certification must be included in t he Documentation of Compliance that:

 Required CEMS and CMS are installed, calibrated, aid continuously operating in compliance with the requirements of Subpart EEE; and
 Based on an engineering evaluation prepared under an owner or operator’s direction or supervision in accordance with a s ys tem designed to ensure that qualified personnel properl y gathered and evaluated the information and supporting documentation, and considering at a minimum the design, operation, and maintenance characteristics of the combusted and emissions control equipment, the types, quantities, and characteristics of feedstreams, and available emission data:
 A source is in compliance with the emission standards of Subpart EEE; and
 The limits on the operating parameters under Section 63.1209 ensure compliance with the emissions standards of Subpart EEE. (ii) Respondent activities Develop a Documentation of Compliance and include it in the operating record. Data Compression (i) Data items40

Under Section 63.1211(d), a written request may be submitted to the EPA for approval to use data compression techniques to record data from CMS, including CEMS, on a frequency less than required b y Section 63.1209. The request must be submitted for review and approval as part of the compreh ensive performance test plan. (ii) Respondent activities Prepare and submit request for approval to use data compression techniques to record data on a less frequent basis than required b y Section 63.1209. **COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR**  **WASTE MINIMIZATION CONTROLS (Section 63.1213)**  (i) Data items Under Section 63.1213, HWCs may request from the EPA or State with an approved Title V program an extension of the compliance data of up to 1 year. An extension may be granted if it can be reasonably

documented that the installation of pollution prevention or waste minimization measures will significantly reduce the amount and/or toxicity of hazardous waste entering the feedstream(s) of the hazardous waste combustor(s), and that the n ecessary control measures could not be installed and the emission standards and operating requirements of Subpart EEE could not be complied with within 3 years after their effective date. Requests for a 1

- ye ar extension must be made in writing and receive d not later than 4 months before the compliance date. The request must contain the following information: A description of pollution prevention or waste minimization controls, that, when installed, will significantl y reduce the amount and/or toxicity of h azardous waste entering the feedstream(s) of too: hazardous waste combustor(s). Pollution prevention or waste minimization measures may include: equipment or technology modifications, reformulation or redesign of products, substitution of raw materials, improvements in work practices, maintenance, training, inventory control, or recycling practices conducted as defined in Section 261.1(c); A description of other pollution controls to be installed that are necessary to comply

with the emission standards and operating requirements; A reduction goal or estimate of the annual reductions in quantity and/or toxicity

of hazardous whets) entering combustion feedstream(s) that will be achieved b y installing the proposed pollution prevention or waste minimization mea sures; A comparison of reductions in the amounts and/or toxicity of hazardous wastes combusted our installation of pollution prevention or waste minimization measures to the amounts and/or toxicity of hazardous wastes combusted prior to the installation o f these measures. If the difference is less than a fifteen percent reduction, include a comparison to pollution prevention and waste minimization reductions recorded during the previous five ye ars; Reasonable documentation that installation of the pollutio n prevention or waste minimization changes will not result in a net increase (except for documented increases in production) of hazardous constituents released to the environment through other emissions, wastes or effluents;41

Reasonable documentation that the design and installation of waste minimization and other measures that are necessary for compliance with the emission standards and operating requirements of Subpart EEE cannot otherwise be installed within the three year compliance period; and The infor mation required in 63.6(i)(6)(i)(B) through (D). (ii) Respondent activities Prepare and submit a request for an extension of compliance data due to installation of pollution prevention controls; and Prepare and submit a request for an extension of compliance data due to waste minimization controls. QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS **(Appendix to Subpart EEE)** Various quality

assurance requirements are used to evaluate the effectiveness of quality control (QC) and qualit y assurance (QA) procedures and the quality of day produced by

continuous emission monitoring sy stems (CEMS) that are used for determining compliance with emission standards on a continuous basis as specified in the applicable regu lation. **QC Requirements** (i) Data items Under Appendix to Subpart EEE, Section 1.1, data collected as a result of the required QC measures are to be recorded in the operating record. As specified in Appendix to Subpart EEE, Section 3.1, HWCS must develop and implement a QC program. At a minimum, each QC program must include written procedures describing in detail complete, step

- by

- step procedures and operations for the following activ ities: Checks for component failures, leaks, and other abnormal conditions; Calibration of CEMS; CD determination and adjustment of CEMS; Integration of CEMS with the automatic waste feed cutoff (AWFCO) system; Preventive Maintenance of CEMS (including spare parts inventory); Data recording, calculations, and reporting; Checks of record keeping, Accuracy audit procedure, including sampling and anal ys is methods; Program of corrective action for malfunctioning CE MS; Operator training and certification; and Maintaining and ensuring current certification or naming of cylinder gasses, metal solutions, and particulate samples used for audit and accuracy tests, dail y checks, and calibrations42

Whenever excessive inaccuracies occur for two consecutive years, the current written procedures must be revised or the CEMS modified or replaced to correct the deficiency causing the excessive inaccuracies. These written procedures must be kept on record and available for ins pecti on by

the EPA. (ii) Respondent activities Develop and implement a QC program; Revise program, if necessary ; and Record program in the operating record. **QA Requirements** (i) Data items Under Appendix to Subpart EEE, Section 1.1, data collected as a result of the required QA measures are to be recorded in the operating record. As specified in Appendix to Subpart EEE, Section 3.2, HWCs must develop and implement a QA plan that includes, at a minimum, the following: QA responsibilities (including mai ntaining records, preparing reports, reviewing reports); Schedules for daily

checks, periodic audits, and preventive maintenance, Check lists and data sheets; Preventive maintenance procedures; Description of the media, format, and location of all records and reports; and Provisions for a review of the CEMS data at left once a ye ar. Based on the results of the review, the QA plan must be revised or updated, if necessary

. (ii) Respondent activ ities

 Develop and implement a QA plan;
 Revise or update plan, if necessary ; and
 Record plan in the operating record. **Calibration Drift (CD) and Zero Drift (ZD) Assessment and Daily System Audit** (i) Data items Under Appendix to Subpart EEE, Section 4, HWCs must check, record, and quantify the ZD and the CD at least once daily (approximately 24 hours) in accordance watts the method prescribed by the manufacturer. The CEMS calibration must, at a minimum, be adjust ed whenever the dail y ZD or CD exceeds the limits in the Performance Specifications. If the ZD and/or CD exceed(s) two time the limits in the Performance Specifications, or if the cumulative adjustment to the ZD and/or CD exceed(s) three times the limits i n the Performance Specifications, hazardous waste burning must immediately cease and the CEMS must be serviced and recalibrated. Hazardous43

waste burning cannot resume until it is documented that the CEMS is in compliance with the Performance Specifications by caging out an Absolute Calibration Audit (ACA). The daily s ys tem audit must include:

 A review of the calibration check data;
 An inspection of the control panel warning lights; and
 An inspection of the sample transport and interference s ys tem (e.g., sample probes, filters, etc.) as appropriate. In addition, all measurements from the CEMS must be retained in the operating record for at least 5 years. (ii) Respondent activities Check, record, and quantify the ZD and CD at least once daily ; and Retain al l measurements from the CEMS in the operating record for at least 5 years. **Performance Evaluation** (i) Data items Under Appendix to Subpart EEE, Section 5, for Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon (HC) CEMS, an ACA must be conducted quarterl y, and a Relative Accuracy Audit (RATA) must be conducted yearl y. An Interference Response Test must be performed whenever an ACA or a RATA is conducted. When a performance fist is also required under Section 63.1207 to document compliance with emission stan dards, the RATA must coincide with the performance test. The audits must be conducted as follows: The RATA must be conducted at least ye arl y. This requirement applies to O2 and CO CEMS; The ACA must be conducted at least quarterl y except in a quarter when a RATA is conducted instead. This requirements applies to all CEMS; and The interference response test must be conducted whenever an ACA or RATA is conducted. As required b y Section 63.8(e)(5), HWCs shall furnish the EPA a cop y of a written report of the results of the performance evaluation simultaneously with the performance test, or within 60 day s of completion of the performance evaluation if no test is required. (ii) Respondent activities Conduct the ACA, RATA or interference response test as appl icable; and Prepare and submit a written report of the results of the performance evaluation.44

**Use of Alternative CEMS Spans** (i) Data items Under Appendix to Subpart EEE, Section 6.3.5, HWCs may request approval to use alternative spans and ranges for CO, O2, and HC CEMS to those specified in Appendix to Subpart EEE, Sections 6.3.1 through 6.3.4. Alternate spans must be approved in writing in advance by the EPA. (ii) Respondent activities Prepare and submit a request to use an alternative CEMS span

. **MISCELLANEOUS REQUIREMENTS Alternative Risk Based Standards for HCl and Cl2**  (i) Data items If electing to compl y with the alternative risk

- based HCl and Cl2 emissions standards, you must submit a request with all required supporting information at least one year before the comprehensive performance test is to be conducted. This includes: a finding that acid sensitive waters would not be impacted; documentation on all modeling; and documentation that the risk based emissions limit does not exceed the MAC T standard. (ii) Respondent activities Prepare and submit a request for alternative risk based HCl and Cl2 limits. **Additional HCl Production Furnace Requirements** (i) Data items HCl Production Furnaces that burn hazardous wastes are required to meet 4 0 CFR Part 63 Subpart NNNNN hazardous air pollutant emissions standards from HCl product management activities, specificall y for HCl storage tanks, HCl transfer operations, and leaking equipment in HCl/Cl2 service. Requirements include demonstration testi ng or an engineering evaluation to document compliance with storage tank and transfer operations standards, and implementing a “Leak Detection and Repair” plan for an y potentially leaking equipment. Application of Subpart NNNNN standards for HCl process v ents for hazardous waste burning HCl Production Furnaces would continue to be exempted. (ii) Respondent activities For HCl Production Furnaces that are under 40 CFR Part 63 Subpart NNNNN, comply with emissions standards for HCl product management.45

For HCl storage tanks and transfer operations either (1) conduct HCl emissions performance testing, or (2) conduct a design evaluation which demonstrates that the tank or transfer control device achieves the required control efficiency

. For leaking equipme nt, comply with work practices standards that include preparing and implementing a “Leak Detection and Repair” plan, putting it in the operating record, and having it reviewed b y the EPA. **5. THE INFORMATION COLL**  **ECTED**
**-- AGENCY ACTIVITIES, C**  **OLLECTION METHO**  **DOLOGY, AND INFORMAT ION MANAGEMENT**  The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the information it collects. The subsections also discuss how the information collection requirements affect small entities. **5(a). AGENCY ACTIVITIES**  Required Agency

activities are described in this section. **COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS Compliance with Alternative MACT**  **Standards** None. **Extension of Compliance with Emission Standards**

 Review requests for extension of the compliance date;
 Review progress reports, if required b y EPA; and
 Notify applicants of EPA’s determination. **Changes in Design, Operation, or Maintenance**

 Review notifications of changes in design, operation, or maintenance, and
 Notify applicants of EPA’s determination. **Use of Previous DRE Test Results to Demonstration Compliance with the MACT DRE** 

 Review DRE data, and
 Notify applicants of EPA’s determination. **Applicability of Particulate Matter and Opacity Standards during Particulate Matter CEMS Correlation Tests**  Review PM CEMS correlation test plans; and46

Notify applicants of EPA’s determination. **Alternat ive Particulate Matter Standard for Liquid Boilers with Low Feedrates of**  **Metals**

 Review petitions for alternative particulate matter standard for liquid boilers with low feedrates of metals, and
 Notify applicants of EPA’s determination

. **Hazardous Waste Re sidence Time** 

 Review hazardous waste residence time calculation **Startups Shutdown and Malfunction Plan**

 Review startup, shutdown, and malfunction plans, and requested changes to plan.
 Notify applicants of EPA’s determination. **Automatic Waste Feed Cutoff (AWFCO)** 

 Review excessive exceedance reports; and
 Notify applicants of EPA’s determination. **ESV Openings**

 Review ESV opening reports; and
 Notify applicants of EPA’s determination. **Combustion System Leaks**

 Review requests for approval of alternative means of combustion sy stem leak control; and
 Notify applicants of EPA’s determination. **Operator Training and Certification**

 Review operator training and certification programs; and
 Notify applicants of EPA’s determination. **Operating and Maintenance Plan**

 Review bag leak detector exceedance reports;
 Review ESP and IWS monitoring procedures; and
 Notify applicants of EPA’s determination. **PERFORMANCE TESTING REQUIREMENTS**47

**Data in Lieu of the Comprehensive Performance Test**

 Review requests to base compliance on data in lieu of a comprehensive performance test,
 Notify applicants of EPA’s determination. **Notification of Performance Test and CMS Performance Evaluation, and Approval of Test Plan and CMS Performance Evaluation Plan** 

 Review notifications of inte ntion to conduct a performance test;
 Review notifications of delay in conducting a performance test;
 Review site

- specific test plans,
 Request additional relevant information; and
 Notify

applicants of EPA’s determination. **Notification of Compliance**

 Review notifications of compliance,
 Review requests for a time extension for Notification of Compliance, and
 Notify

applicant of EPA’s determination. **Waiver of Performance Test** Review requests to waive or time extension a performance test Notify applicants of EPA’s determination **MONITORING REQUIREMENTS Feedstream Analysis**  Review feedstream anal ysis plan, as requested b y EPA. **Alternative Compliance Monitoring Requirements for Standards other than those Monitored with a CEMS**  Review requests for approval of alternative monitoring requirements, except for standards that must be monitored with a CEMS; Review requests for approval of a waiver of an operating parameter limit; Notify applicants of EPA’s determination for approval of alternative monito ring requirements; and Notify applicants of the EPA's determination for approval of a waiver of an operating parameter limit. **Use of CEMS in Lieu of Operating Parameter Limits or Alternative Methods in Lieu of CEMS**  Review requests for approval of CEMS in lieu of operating parameter limits;48

Review requests for approval of alternate methods in lieu of CEMS; Notify applicants of EPA’s determination

. **CMS Performance Evaluations Quality Control Program**  Review CMS quality

control programs; and Notify appl icants of the EPA's determination. **Notification of Performance Evaluation** Review notifications of CMS performance evaluation. **Additional Notification Requirements for Sources with Continuous Monitoring Systems**  Review notifications of COMS data result s will be used to determine compliance with the applicable opacity

emission standard; and Review notifications that the criterion necessary to continue use of an alternative to relative accuracy testing has been exceeded. **Submission of Site**
**- specific Perfo**  **rmance Evaluation Test Plan** Review site

- specific performance evaluation test plans; Request additional relevant information; and Notify applicants of EPA’s determination. **Reporting Results of Continuous Monitoring System Performance Evaluations** Review report of the results of CMS performance evaluations. **DRE** Review DRE operating parameter limits (submitted in the Notification of Compliance). **Dioxins and Furans** Review dioxin and furan operating parameter limits (submitted in the Notification of Compliance); Review requests to substitute a different brand or type of carbon; Review requests to substitute a different brand or type of inhibitor; Notify applicants of EPA’s determination on requests to substitute a different brand or t ype of carbon; and Notify applicants of EPA’s determination on requests to substitute a different brand or t ype of inhibitor.49

**Mercury** Review mercury

operating parameter limits (submitted in the Notification of compliance); Review requests for approval to use a CEMS in lieu of operating parameter limits; Notify applicants of EPA’s determination on requests to extrapolate mercury feedrate limits; and Notify applicants of EPA’s determination for approval to use a CEMS. **Particulate Matter**

 Review particulate matter operating parameter limits (submitted in the Notification of Compliance). **Semivolatile Metals and Low Volatile Metals**

 Review semivolatile metals and low volatile metals operating parameter limits (submitted in the Notification of Compliance);
 Review requests for approval to use a CEMS in lieu of operating parameter limits
 Review requests to extrapolate semivolatile or low volatile metal federate limits;
 Notify

applicants of EPA’s determination on requests to extrapolate SVM and LVM federate limits
 Notify

applicants of EPA’s determination for approval to use a CEMS. **Total Chlorine (Hydrogen Chlorine and Chlorine Gas)**

 Review total chlorine operating parameter limits (submitted in the Notification of Compliance);
 Review requests for approval to use a CEMS in lieu o f operating limits;
 Review requests to substitute a different brand or type of sorbent;
 Notify

applicants of the EPA's determination on request to substitute a different brand or ty pe of sorbent; and
 Notify

applicants of the EPA's determination for approval to use a CEMS. **NOTIFICATION REQUIREMENTS Notification of Intent to Comply**  Review draft and final NIC; Review progress reports. **Initial Notifications** Review initial notifications; Review applications for approval of construction or reconstruction, as applicable; and Notify applicants of EPA’s determination.50

**Adjustment to Time Periods or Postmark Deadlines for Submittal and Review of Required Communications**  Review requests for an adjustment to time periods or postmark deadlines for submittal and review of required information; and Notify applicants of the EPA's determination. **Change in Information Already Provided** Review notifications of changes in information already provided. **Request to Reduce Frequency of Excess Emissions and Continuous Monitoring**  **System Performance Reports** Review requests to reduce the frequency of excess emissions and CMS performance reports; and Notify applicants of the EPA's determination. **Waiver of Recordkeeping or Reporting Requirements** Review requests to waive recordkeeping or reporting requirements; and Notify applicants of the EPA's determination. **Data Compression**

 Review requests to use data compression techniques to record data on a less frequent basis, and
 Notify

applicants of the EPA's determi nation. **RECORDKEEPING AND REPORTING REQUIREMENTS Periodic and Immediate Startup, Shutdown, and Malfunction Reports**  Review periodic startup, shutdown, and malfunction plan, as applicable; and Review immediate startup, shutdown, and malfunction plan, as applicable. **Excess Emissions and Continuous Monitoring System Performance Report and Summary Report** 

 Review excess emissions and CMS performance reports and summaries;
 Review requests to reduce the frequency of excess emissions and CMS performance reports; and
 Notify

applicants of the EPA’s determination.51

**General Recordkeeping Requirements**

 Inspect and review files of all information (including reports and notifications), as necessary . **COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS** 

 Review requests for extensions of compliance dates;
 Notify

applicants of the EPA's determination. **QUALITY ASSURANCE PROCEDURE FOR CONTINUOUS EMISSIONS MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS**  **Performance Evaluation** R eview data collected from CEMS performance evaluations; and Notify applicants of the EPA's determination. **Use of Alternative CEMS Spans** Review requests for approval to use alternative CEMS spans and ranges; and Notify applicants of the EPA’s determination. **MISCELLANEOUS REQUIREMENTS Alternative Risk Based HCl and Cl2 Standards**  Review requests for alternative HCl and Cl2 risk based standards; and Notify applicants of the EPA’s determination. **Additional HCl Production Furnace Requirements**  Review HCl product management requirements (including the Leak Test and Repair Plan, storage tank and transfer operations control efficiency testing or engineering anal ys is). **5(b). COLLECTION METHODOLOGY AND MANAGEMENT**  For the regulated community , much of the IC R activity is comprised of recordkeeping requirements that are typ ically submitted by

mail directly

(or computer files) to EPA for review. Some recordkeeping information, however, would also be kept in facility f iles. This requires the implementing authority to visit and collect from the facility an y information that needs to be reviewed. Agency management of collected information includes review of information, making determinations, and filing and storing info rmation collected. In collecting and anal yz ing the5 2

information required for HWCs, the Agency uses electronic equipment, including telephone sy stems, personal computers, electronic mail, and database software, as appropriate. EPA ensures the accuracy

and completeness of the collected information b y reviewing each submittal. **5(c). SMALL ENTITY FLEXIBILITY**  EPA has considered the reporting and recordkeeping burdens of the rule for small businesses. The regulations allow much of the information requirements be kept in facility records rather than in submittals to EPA, thus reducing time and costs of providing the information. Additionally , EPA has conducted an incremental assessment of cost savings or burdens that may result from the proposed MA CT Replacement Standards on couple of Phase II HWC facilities that are identified as small businesses. Based on the anal ys is of available data, we conclude that there would not be a significant economic impact to any of the potentiall y impacted small busi ness combustor companies resulting from this proposed rule. For details of the anal ys is, see the Regulatory

Impact Analy sis contained in the docket to the HWC MACT Replacement Rule. **5(d). COLLECTION SCHEDULE**  All of the I CR requirements have clearl y def ined reporting schedules. For example, these include:

 Periodic

-- Comprehensive performance test plans and Notification of Compliances are required to be submitted in a periodic, well defined, manner.
 One

- time

-- Construction / reconstruction applicatio ns, alternative monitoring requests, extension of compliance waivers, operating limit waivers, are generally required on a one - time or as needed basis.
 Intermittent

-- AWFCO and ESV opening reports, test waivers, inhibitor and carbon substitution requests, CEMS evaluation reports, are submitted on an as needed basis with no defined schedule

. **6. ESTIMATING THE BURDE**  **N AND COST OF THE CO LLECTION**  Please see the attached Excel Spreadsheets for burden tables. Exhibit 1 (Private Industry), Exhibit 2 (States), and Exhibit 3 (Federal) contain all hour and cost burden calculations. **6(a). ESTIMATING RESPONDENT BURDEN**  EPA estimates respondent burden hours and costs for all the information collection requirements covered b y this ICR in Exhibit 1. Exhibit 1 shows for each activity the burden hours (total and by labor t yp e) per respondent, as well as the overall burden hours for all respondents. **6(b). ESTIMATING**  **RESPONDENT COSTS** Exhibit 1 estimates the annual costs to respondents based on the cost of labor, operation and maintenance (O&M), and capital.53

**(i) Estimating**  **Labor Costs** We estimate an average respondent labor rate (including fringe benefits and overhead) of $1 11.37 for legal staff, $ 95.59 for managerial staff, $ 75.81 for technical staff, $ 95.59 for consultant staff, and $ 36.85 for clerical staff. To derive these rates, we referred to the data developed b y the U.S. Bureau of Labor Statistics (BLS) , and obtained the national average hourly wage rate at 75 th percentile rate f or lawyers (catego ry

23

- 1011), Managerial and Consultant staff (category 11

- 10 2 1), Technical Staff (category 17

- 204 1) and Clerical Staff (category 43

- 6 011) available at http://www.bls.gov/oes/current/oes231011.htm et. seq. We then applied an adjustment factor of 1.4 0 to include worker fringe benefits (such as paid leave, supplemental pay , health i nsurance, retirements and savings, and social security), overheads and rate adjustment from May, 2010 to 2012 (s ince the BLS data was for May 2010) to obtain the respondent labor rates given above. **(ii) Estimating**  **Operating and Maintenance Costs** Operating and maintenance (O&M) costs are those costs associated with a paperwork requirement incurred continually over the life of the I CR. They are defined by

the Paper Reduction Act as “the recurring dollar amount of cost associated with O&M or purchasing services.” For this ICR, O&M costs include:

 Preparation of paper copies ($0.04/page).
 Transmission by

U.S. mail ($10/p ackage via registered mail).
 Recordkeeping in file cabinets.
 Operation, maintenance, calibration, and testing of continuous monitoring systems and continuous emissions monitors, with costs based on recent quotes from instrument vendors.
 Feedstream sampling and anal ys is.
 Comprehensive performance compliance testing, with costs based on costs from recent conducted testing programs. **(iii) Estimating**  **Capital / Start up Costs** Capital equipment costs usually include any

produced ph ys ical good needed to provide the ne eded requested information, such as measuring and monitoring equipment, machinery , and computers. For this I CR, capital / start

- up costs include: Continuous monitoring and continuous emissions monitoring sy stems, File cabinets for records storage, and Other miscellaneous equipment items needed to meet the recordkeeping and reporting requirements. **(iv) Annualiz**  **ing Capital Costs** 54

One time upfront capital equipment costs are annualized over the expected lifetime of the equipment using the standard discounting rate of 7%. **6(c). ESTIMATING**  **AGENCY BURDEN AND COST** EPA estimates Agency

burden hours and costs associated with all the requirements covered in this I CR in Exhibit 2. EPA OSW Headquarters, Regional, and State offices will be involved in these activities. Burden is due to review of test workplans, petitions, notifications, and requests. Hourly wage rates for the Agency are estimated at $89.10 for legal staff, $76.38 for managerial staff, $54.94 for technical staff, $30.40 for clerical staff, a nd $76.38 for consultants. Rates are based on the Federal employee labor rates “Salary Table 2012

- GS,” available at http://www.opm.gov/oca/12tables/html /gs_h.pdf . These rates were increased by 60% to include fringe benefits and overhead. We assumed from this table that the government employee labor rates are $ 19.00 per hour for clerical (GS

- 7, Step 6), $34.34 for technical (GS

- 13, Step 1), $47.74 for managerial and consultants (GS

- 15 Step 1 ), and $ 55.69 for lawyers (GS

- 15, Step 6). We also estimated that it costs $0.61 each time the Agency has to contact a facility

(for example, to notify them of the results of a waiver application). This is based on $0.45 postage and $0.16 copying charge s. **6(d). ESTIMATING RESPONDENT UNIVERSE & TOTAL BURDEN &**  **COSTS RESPONDENT UNIVERSE**  Based on available data, w e estimate that the respondent universe of HWCs now consists of 192 hazardous waste combustion units with a breakdown of various source categories gi ven in table below :

The number of operating HWCs has shrunk from the earlier ICR for this source categories prepared in 2008. The MACT standards were promulgated in October 2005, and became effective in October 2008. Many units needed to upgrade the air pollution control devices to meet those standards. Some of them needed very costly upgrades and found it more economical to stop burning hazardous wastes, and use other fuel source, while some closed their units altogether. Both these scenarios resulted in a shrinkage of the respondent universe from that we used in the expiring ICR # 1773.09 prepared in August 2008.55

HWC (Private Industry) Respondents 192 States 16 Total Respondents 208 **TOTAL BURDEN AND COSTS** The following discusses the ty pe and number of sources for which each of the specific I CR requirements is estimated to apply . Exhibit 1 shows the labor hours and labor category estimates, and the O&M and annualize d capital costs, required for each of the specific IC R activities. **WHO IS SUBJECT TO THESE REGULATIONS** All HWCs will read the regulations at 40 CFR Part 63, Subparts A and EEE. **STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, CEMENT KILNS, AND LIGHTW**  **EIGHT AGGREGATE KILNS Emission Averaging for Cement Kilns with In** 
**- line Kiln Raw Mills**  We estimate that 3 cement kilns with in

- line kiln raw mills will comply with the emission averaging requirements for kilns of this ty pe. Thus, they

will conduct a performance test when the raw mill is on

- line and when the mill is off

- line, and include the averaging procedures in their Notification of Compliance and operating record. We note that these procedures are similar to that currentl y required under RCRA Boiler and In dustrial Furnace ( BIF ) regulations. No specific additional recordkeeping or repor ting requirements beyond those required of the current RCRA regulations
**COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS Compliance with Alternative MACT Standards**  It is estimated that 5% of sources will document in the operating record compl iance with alternative applicable Clean Air Act requirements and standards. **Extension of Compliance with Emission Standards** It is estimated that 20% of all facilities will apply for an extension of compliance with emission standards, of which all will be granted extensions **Changes in Design, Operation, or Maintenance** It is estimated that 50% of the sources will be making design, operation, and maintenance changes to compl y with the MACT rule and document change in operating record. These56

changes will not initiate additional comprehensive performance testing beyond the initial testing that is required. **Use of Previous DRE Test Results to Demonstrate Compliance with DRE MACT Standards**  It is estimated that 75% of sources will request the use of previou s DRE test results for demonstrating compliance with the MACT DRE standard. **Applicability of Particulate Matter and Opacity Standards during Particulate Matter CEMS Correlation Tests**  It is anticipated that 39 sources (among all HWC) will conduct PM CEM S correlation testing and request a waiver of PM and opacity standards during the testing. (This includes all units with fabric filters and about 10% of sources with electrostatic precipitators or ionizing wet scrubbers). It is estimated that none of these sources will request an extension of the 96 hours allowed for the waiver. **Hazardous Waste Residence Time** All sources will include an estimate of hazardous waste residence time in the comprehensive performance test plan. However, we anticipate that all sources (with the exception of 25% of the Phase I sources) have already submitted comprehensive test plans. **Startup, Shutdown, and Malfunction Plan** All sources will develop a startup, shutdown, and malfunction plan. **Automatic Waste Feed Cutoff (AWFCO )**  It is estimated that:

 All sources will have 2 AWFCO per year;  10% will have to file an excessive exceedances report (i.e., >10 AWFCOs in any 60

- day block period) per year;  50% will conduct weekl y AWFCO system inspections, while 50% will conduct monthly sy stem testing.
 All will document in the operating record the use of ramp down procedures. **ESV Openings** It is estimated that 50% of hazardous waste incinerators have ESVs, and will develop an ESV operating plan. On average, each unit will have 3 ESV openings per year. **Combustion System Leaks**57

It is estimated that 50% of all sources will request approval to use an alternative means to provide control of combustion system leaks (control through a positivel y sealed combustion chamber). These facil ities must specify in their operating record and comprehensive performance test plan the method used for control of combustion sy stem leaks. **Operator Training and Certification** It is estimated that all commercial incinerators and 75% of other sources currentl y have a sufficient operating training and certification program. Other facilities will likely develop a site

specific training and certification program. **Operation and Maintenance Plan** All facilities will develop an operation and maintenance pl an. **BLDS/PMDS Requirements** All units with fabric filters (about 34 sources), will have to purchase, install, and operate bag leak detection sy stems. It is estimated that of the sources with ESPs or IWSs (about 45 sources), 90% will request to use operating parameter limits instead of continuous particulate detectors. **PERFORMANCE TESTING REQUIREMENTS Comprehensive Performance Test**  **(CP T)**  All HWCs are required conduct a comprehensive performance testing to meet the Replacement Rule. We conduct a comprehensive during the period of effectiveness of the I CR. Comprehensive Performance testing could be combined with the testing required under current RCRA requirements, but the performance standards will vary . Moreover, methods used to establish operat ing parameter limits will vary between the RCRA and MACT. Therefore we estimate additional costs for HWC associated with the CPT. Additionally

for units that do not have numerical PCDD/PCDF standards (e.g., all HCl Production furnaces, solid boilers and liquid boilers that do not have dry air pollution control devices, and units which have not yet made PCDD/PCDF measurements

– 6 solid boilers and 37 liquid boilers, 1 HCl Production Furnace ) will be required to conduct a one time PCDD/PCDF test. Addition ally , it is estimated that all LWAKs will choose to comply with the requirement of rapidly quenching their exhaust gases to below 400°F at the kiln exit instead of the numerical dioxin/furan standards. However, all these LWAKs have made PCDD/PCDF measureme nts and thus it is estimated that they would not require an additional one time PCDD/PCDF test. **Confirmatory Performance Test** For all sources that have a numerical PCDD/PCDF standard (Incinerators, Cement Kilns and, and dry APCD equipped liquid boilers) confirmatory testing for PCDD/PCDF is required every 258

1⁄2 years after the Comprehensive performance test. We also estimate that all Phase II Units (Boilers and Hydrochloric acid production furnaces) will perform a confirmatory test during the period of eff

ectiveness of the I CR. **Data in Lieu of the Comprehensive Performance Test** It is estimated that 10% of all sources will submit a request to use previous emissions test data to serve as documentation of compliance with emission standards. **Notification of Performance Test and CMS Performance Evaluation, and Approval**  **of Test Plan and CMS Performance Evaluation Plan** All facilities will submit a notification of intent to conduct a performance test. These facilities will also be required to prepare and submi t a site

- specific comprehensive performance and CMS performance test plan. However, it is estimated that 90% of facilities have already met this requirement since no change to HWC standards has occurred in the last 3 years. It is estimated that 1 source p er ye ar will reschedule their performance test due to upgrades made to their devices and thus be required to submit a rescheduled notification of intent to conduct a performance test. Additionally , 25% of units submitting a site

- specific performance test plan will be requested to submit additional relevant information. **Notification of Compliance** All facilities will submit a Notification of Compliance every time they complete a comprehensive performance test. This includes submission of test results of the CPT. **Waiver or Time Extension of Performance Test** It is estimated that 10% of facilities conducting the comprehensive performance test will apply for a waiver or time extension, due to contingencies that occur from time to time. **MONITORING REQUIREM ENTS**  **Continuous Emissions Monitoring Systems (CEMS) and Continuous Opacity Monitoring Systems (COMS**  **)** All facilities are already required to monitor for carbon monoxide (CO) or hydrocarbons (HC) and ox ygen emissions under the current regulatory requirements, thus there is no new capital investment burden on the units during the validity period of this I CR. However, the operation and maintenance burden for these equipments will continue as before. **Continuous Monitoring Systems (CMS)** 59

All facilities are cur

rently equipped with all CMS required with the MACT rule. Thus, there is no capital investment burden on the units during the validity period of this ICR. However, the operation and maintenance burden for these equipments will continue as before. **Feedstr eam Analysis Plan**  All HWCs have already developed and implemented feedstream analy sis plans under current RCRAand MACT requirements (referred to as the waste anal ys is plan). There is no incremental burden for this requirement. **Alternative Compliance Monitoring Requirements for Standards other than those**  **Monitored with a CEMS** It is estimated that 10% of all facilities will apply for and receive approval to use alternative monitoring requirements to document compliance with the emission standards of Subpart EEE other than CO or HC which are monitored with a CEMS. **Use of CEMS in lieu of Operating Parameter Limits; or Alternative Methods in lieu of CEMS**  It is estimated that no facilities will make a request to use alternative operating parameters or me thods to CEMS or CEMS in lieu of operating parameters. **Destruction and Removal Efficiency** It is estimated that all currently operating HWCs have equipment needed for the MACT DRE monitoring requirements. **Dioxins and Furans** It is estimated that all currently operating HWCs have equipment needed for the MACT PCDD/PCDF monitoring requirements. It is estimated that no facilities will chose to use a CEMS for compliance monitoring. **Mercury** It is estimated that all currently operating HWCs have equipme nt needed for the MACT Hg monitoring requirements. It is estimated that no source will chose to use a CEMS for compliance monitoring and that 10% of sources will make a request to set feedrate limits with extrapolation. **Particulate Matter** For all sourc es, it is estimated that all currently operating HWCs have the equipment needed to comply with the MACT PM monitoring requirements.60

**Semivolatile Metals and Low Volatile Metals** It is estimated that all currently operating HWCs have the equipment needed to comply with the MACT SVM and LVM monitoring requirements. It is estimated that 10% of facilities will make a request to set feedrate limits with extrapolation and no facilities will chose to use a CEMS for compliance monitoring. **Total Chlorine (HCl and Chlorine Gas)** It is estimated that all currently operating HWCs have the equipment needed for the MACT total chlorine monitoring requirements. It is estimated that no facility will choose to use to install CEMS for compliance monitoring. **Combustion Chamber Pressure** It is anticipated that all facilities will comply with the combustion leak requirements through a request to keep the combustion chamber full y sealed. **Operati ng under Different Modes of Operation**  It is estimated that 50% of all facilities will perform the comprehensive performance test under two or more operating modes. These facilities will be required to document what operating mode they are in during subsequent on
- going day to day operations. **CMS PERFORMANCE EVALUATION** As part of the comprehensive performance test, Hazardous Waste Compound (HWC’s) will submit a CMS quality

control program, notification of performance evaluation and additional notificatio n requirements, We estimate that 50% of sources have already complied with this requirement. HWCs are also required to submit performance evaluation test plan, and conduct a CMS performance test. We estimate 60% of sources would submit test plans and cond uct performance testing along with their comprehensive performance testing. Also, it is estimated that EPA will also request additional relevant information for the site

specific CMS performance test plan from 10% of the sources performing the test. **NOTIFICATION REQUIREMENTS Notification of Intent to Comply**  All Phase II and Phase I sources will prepare a draft NIC, notify the public about a NIC meeting, conduct the NIC meeting, prepare a final NIC with meeting comments, and submit the NI C to EPA. All Phase II and Phase I sources will complete the progress report. However, we estimate that 90% of the facilities will have completed this requirement at the time this I CR is in place.61

**Initial Notifications** All facilities will submit an initial notific ation. However, we estimate that 90% of the facilities will have completed this requirement at the time this I CR is in place. **Adjustment to Time Periods or Postmark Deadlines for Submittal and Review of Required Communications**  We estimate that 25% of al l facilities will submit a request for an adjustment to a time period or postmark deadline. **Change in Information Already Provided** It is estimated that 25% of all facilities will submit change(s) to information already provided. **Request to Reduce Fr equency of Excess Emissions and CMS Performance Reports**  It is estimated that 10% of facilities will submit a request to reduce frequency of excess emissions and continuous sy stem performance reports from a quarterl y (or more frequent basis). **Waiver of R ecordkeeping or Reporting Requirements**  It is estimated that 1% of all facilities will submit a waiver of recordkeeping or reporting requirements. **RECORDKEEPING AND REPORTING REQUIREMENTS Periodic and Immediate Startup, Shutdown, and Malfunction Report**  **s** It is anticipated that 25% of facilities will take actions during a startup, shutdown, or malfunction that are consistent with the procedures specified in the facility's startup, shutdown, or malfunction plan. These facilities are required to submit a peri odic startup, shutdown, and malfunction report. Another 10% of facilities will take actions that are not consistent with procedures specified in their plans. These facilities acquired to submit an immediate startup, shutdown, and malfunction report. **Ex cess Emissions and Continuous Monitoring System Performance Report and**  **Summary Report** It is anticipated that all facilities will submit an excess emissions and continuous monitoring sy stem performance report and summary report. **General Recordkeeping Re quirements** 62

It is estimated that it will take 40 hours each ye ar for each of the HWC facilities to maintain copies of all required information (information must be retained for five years). Additionally , it is estimated that to maintain files for the requi red five years, facilities will purchase file cabinets. **Additional Recordkeeping Requirements for Sources with Continuous Monitoring Systems**  All sources will need to maintain copies of all required information for continuous monitoring sy stems. **Docu mentation of Compliance**  It is anticipated that all facilities will develop a Documentation of Compliance to be included in their operating records **Data Compression** It is estimated that 25% of facilities will submit a request for approval to use data compression techniques. **COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE MINIMIZATION CONTROLS**  It is estimated that 10% of sources will submit a one

- time request for a compliance extension due to the installation of controls, and that another 10% will submit a one

- time request for a compliance extension for waste minimization purposes. **QUALITY AS SURANCE PROCEDURES FOR CONTINUOUS EMISSIONS**  **MONITORS USED FOR HAZARDOUS WASTE COMBUSTORS Performance Evaluation**  All sources must meet the QA requirements for CEMS. These requirements are very similar to those currentl y required under RCRA. **Use of Al ternative CEMS Spans**  It is estimated that no source will submit requests to use an alternative CEMS span. **MISCELLANEOUS REQUIREMENTS Alternative Risk Based Chlorine Standards**  It is estimated that 25% of Phase I and Phase II facilities will request to comply with the alternative risk based chlorine standards.63

**Additional Hydrochloric Acid (**  **HCl )**  **Production Furnaces Requirements** It is estimated that 10% of the HCl Production Furnaces will be required to comply with HCl product management requirements of 40 CFR Part 63 Subpart NNNNN. **6(e). BOTTOM LINE BURDEN HOUR AND COST TABLES**  **(i) Respondent Tally**  Exhibit 1 shows the estimated total annual burden and cost to respondents. The annual respondent burden is 138,434 labor hours. Capital/startup costs and O& M costs are estimated to be $100,059 and $ 3,949,693 respectivel y. Table 1 summarizes the information presented in Exhibit 1. Table 1: HOUR AND COST BURDEN ON RESPONDENTS ( **PRIVATE SECTOR**)

Hours per response Annual Hour Burden Cost per response (Capital/Startup and O&M Cost only) Total Annual Cost

Burden (Capital/ Startup and O&M Cost only) Recording (1446 responses) 66 95,723 $ 2,782 $ 4,023,981 Recordkeeping (1241 responses) 34 42,711 $ 21 $ 25,7 7 1 Third Party Disclosure Total (2687 responses) 52 138,434 $ 1,507 $ 4,049, 75 2 For reasons discussed below the private sector respondent burden is about 55 , 8 3 0 hours lower than the 2008 estimate. Capital and O&M c osts are also similarl y lower than the 2008 estimates

. **(ii) The**  **Agency Tally** Some of the Agency burden will be shared by the States authorized to administer their own RCRA program (under section 3006 of RCRA). We estimate d in the expiring ICR that 2/3rd of this burden and costs will be incurred b y the federal governme nt (i.e., EPA regional offices) while 1/3rd will be incurred by the authorized States. We still continue with the same estimation. Exhibits 2 and 3 list these hours and costs for the States and the federal government. Tables 2 and 3 summarize this information of Exhibits 2 and 3

. As shown in Table 2, the burden on the states is 4,013 hours and $ 2, 097 in Capital and O&M c osts. The federal burden, as indicated in Table 3 is 8 , 0 2 7 labor hours and a C apital/ O &M cost of $ 4,194

.64

Table 2: Hour and Cost Burden

- **States**
Hours per response Annual Hour Burden Cost per response (Capital/Startup and O&M Cost only) Total Annual Cost

Burden (Capital/ Startup and O&M Cost only) Recording (219 responses) 0.50 109 $ 8.40 $1 , 839 Recordkeeping ( 4 93 responses) 7.92 3,904 $ 0.52 $ 25 8 Third Party Disclosure Total (7 12 responses) 5.64 4,013 $ 2.95 $ 2 ,097 Table 3: Hour and Cost Burden

- **Federal** Government
Hours per response Annual Hour Burden Cost per response (Capital/Startup and O&M Cost only) Total Annual Cost

Burden (Capital/ Startup and O&M Cost only) Recording ( 4 38 responses) 0.50 219 $ 8 .40 $ 3,679 Recordkeeping (986 responses) 7.92 7,808 $ 0.52 $ 5 15 Third Party Disclosure Total ( 1424 responses) 5.64 8,027 $ 2.95 $ 4, 194 **Bottom Line Burden Hours and Cost**  To see all burden tables, please refer to the attached Excel spreadsheets. Exhibit 1 represents figures relating to Private Industry Costs and Hours. Exhibit 2 has State Costs and Hours. Exhibit 3 has Federal Agency Costs and Hour s. Total Respondent Burden (from Excel Tables Exhibit 1 and Exhibit 2)

Annual Hours O&M/Capital Labor Total Annual Cost Private (Exhibit 1) 138,434 $4,049,752 $15,390,863 $19,440,615 States (Exhibit 2) 4,013 $2,097 $223,080 $225,177 Total 142,447 $4,051,849 $ 15,613,943 **$19,665,792** 3 Year Total 427,341 $12,155,547 $46,841,829 **$58,997,376** Total Agency

Burden (from Excel Tables Exhibit 3) Annual Hours O&M/Capital Labor Total Annual Cost EPA 8,027 $4,194 $446,161 **$450,355** 3 Year Total 24,081 $12,582 $1,338,483 **$1,351,065** Total Combined Burden

Annual Hours O&M/Capital Labor Total Annual Cost Respondent 142,447 $4,051,849 $15,613,943 $19,665,792 EPA 8,027 $4,194 $446,161 $450,355 Total 150,474 $4,056,043 $16,060,104 **$20,116,147** 3 Year Total 451,422 $12,168,129 $48,180,312 **$60,348,441**65

**6(f). REASONS FOR CHANGE IN BURDEN**  The re has been a decrease of 57,450 hours i n the total estimated burden and a decrease in the costs of this I CR from the existing approved ICR # 1773.0 9

. This decrease is due to reasons explained below. The final MACT rule was promulgated in 2005, and became effective in October 2008. Based on the new rules and MACT standards, we note that : o The number of operating HWCs has significantly reduced since the l ast ICR. o Nearl y all operating HWCs have completed several actions involving one - time costs such as initial notification, notice of the intent to comply, as well as public meetings related to these actions. o Small er number of sources would conduct a confirmatory test in the 20 12 thru 2015 time period as compared t o 200 8 thru 20 11 time period of the earlier IC R

. o Small er number of sources would submit a comprehensive performance test plan. **6(g). BURDEN STATEMENT**  The combined annual public reporting and recordkeeping burden for this collection of information is estimated to average 42 hours per response. For states, the average time per response is about 6 hours. For the private industry (HWCs) the avera ge time per response is about 52 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency . This includes the time needed to review i nstructions; develop, acquire, install, and utilize technology and sy stems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with an y previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the inform ation. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s a currently

valid OMB control number. The OMB control numbers for EPA's regulati ons are listed in 40 CFR part 9. To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this IC R under Docket ID Number EPA

- HQ

- OAR

- 20 11

- 0841 , which is available for online viewing at www.regulations.gov, or in person viewing at the Air & Radiation (OAR) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Avenue, NW, W ashington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the OAR Docket is (2 02) 566

- 1742 . An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the pub lic docket that are available electronicall y. When in the sy stem, select “search,” then key in the Docket ID Number identified above. Also, yo u can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17 th Street, NW, Washington, D.C. 20503, Attention: Desk66

Officer for EPA. Please include the EPA Docket ID Number EPA

- HQ

- OAR

- 20 11

- 0841 and OMB Control Number 2050

- 017 1 in an y correspondence.