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Title 40: Protection of Environment PART 60—STANDARDS OF 

PERFORMANCE FOR NEW STATIONARY SOURCES

Subpart DDDD—Emissions Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste Incineration Units

Contents

Introduction

§ 60.2500 What is the purpose of this subpart?

§ 60.2505 Am I affected by this subpart?

§ 60.2510 Is a State state plan required for all Statesstates?

§ 60.2515 What must I include in my State state plan?

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

§ 60.2525 What if my state plan is not approvable?

§ 60.2530 Is there an approval process for a negative declaration 

letter?

§ 60.2535 What compliance schedule must I include in my State state 

plan?

§ 60.2540 Are there any State state plan requirements for this subpart 

that apply instead of the requirements specified in subpart B?

§ 60.2541 In lieu of a state plan submittal, are there other 

acceptable option(s) for a state to meet its Clean Air Act section 

111(d)/129(b)(2) obligations?

§ 60.2542 What authorities will not be delegated to state, local, or 

tribal agencies?

§ 60.2545 Does this subpart directly affect CISWI unit owners and 

operators in my Statestate?

Applicability of State Plans

§ 60.2550 What CISWI units must I address in my State state plan?

§ 60.2555 What combustion units are exempt from my State state plan?

Use of Model Rule

§ 60.2560 What is the “model rule” in this subpart?

§ 60.2565 How does the model rule relate to the required elements of 

my State state plan?

§ 60.2570 What are the principal components of the model rule?

Model Rule—Increments of Progress

§ 60.2575 What are my requirements for meeting increments of progress 

and achieving final compliance?

§ 60.2580 When must I complete each increment of progress?
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§ 60.2585 What must I include in the notifications of achievement of 

increments of progress?

§ 60.2590 When must I submit the notifications of achievement of 

increments of progress?

§ 60.2595 What if I do not meet an increment of progress?

§ 60.2600 How do I comply with the increment of progress for submittal 

of a control plan?

§ 60.2605 How do I comply with the increment of progress for achieving 

final compliance?

§ 60.2610 What must I do if I close my CISWI unit and then restart it?

§ 60.2615 What must I do if I plan to permanently close my CISWI unit 

and not restart it?

Model Rule—Waste Management Plan

§ 60.2620 What is a waste management plan?

§ 60.2625 When must I submit my waste management plan?

§ 60.2630 What should I include in my waste management plan?

Model Rule—Operator Training and Qualification

§ 60.2635 What are the operator training and qualification 

requirements?

§ 60.2640 When must the operator training course be completed?

§ 60.2645 How do I obtain my operator qualification?

§ 60.2650 How do I maintain my operator qualification?

§ 60.2655 How do I renew my lapsed operator qualification?

§ 60.2660 What site-specific documentation is required?

§ 60.2665 What if all the qualified operators are temporarily not 

accessible?

Model Rule—Emission Limitations and Operating Limits

§ 60.2670 What emission limitations must I meet and by when?

§ 60.2675 What operating limits must I meet and by when?

§ 60.2680 What if I do not use a wet scrubber, fabric filter, 

activated carbon injection, selective noncatalytic reduction, an 

electrostatic precipitator, or a dry scrubber to comply with the 

emission limitations?

§ 60.2685 Affirmative defense for violation of emission standards 

during malfunction.

Model Rule—Performance Testing

§ 60.2690 How do I conduct the initial and annual performance test?

§ 60.2695 How are the performance test data used?

Model Rule—Initial Compliance Requirements

§ 60.2700 How do I demonstrate initial compliance with the amended 

emission limitations and establish the operating limits?
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§ 60.2705 By what date must I conduct the initial performance test?

§ 60.2706 By what date must I conduct the initial air pollution 

control device inspection?

Model Rule—Continuous Compliance Requirements

§ 60.2710 How do I demonstrate continuous compliance with the amended 

emission limitations and the operating limits?

§ 60.2715 By what date must I conduct the annual performance test?

§ 60.2716 By what date must I conduct the annual air pollution control 

device inspection?

§ 60.2720 May I conduct performance testing less often?

§ 60.2725 May I conduct a repeat performance test to establish new 

operating limits?

Model Rule—Monitoring

§ 60.2730 What monitoring equipment must I install and what parameters 

must I monitor?

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

Model Rule—Recordkeeping and Reporting

§ 60.2740 What records must I keep?

§ 60.2745 Where and in what format must I keep my records?

§ 60.2750 What reports must I submit?

§ 60.2755 When must I submit my waste management plan?

§ 60.2760 What information must I submit following my initial 

performance test?

§ 60.2765 When must I submit my annual report?

§ 60.2770 What information must I include in my annual report?

§ 60.2775 What else must I report if I have a deviation from the 

operating limits or the emission limitations?

§ 60.2780 What must I include in the deviation report?

§ 60.2785 What else must I report if I have a deviation from the 

requirement to have a qualified operator accessible?

§ 60.2790 Are there any other notifications or reports that I must 

submit?

§ 60.2795 In what form can I submit my reports?

§ 60.2800 Can reporting dates be changed?

Model Rule—Title V Operating Permits

§ 60.2805 Am I required to apply for and obtain a Title V operating 

permit for my unit?

Model Rule—Air Curtain Incinerators

§ 60.2810 What is an air curtain incinerator?
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§ 60.2815 What are my requirements for meeting increments of progress 

and achieving final compliance?

§ 60.2820 When must I complete each increment of progress?

§ 60.2825 What must I include in the notifications of achievement of 

increments of progress?

§ 60.2830 When must I submit the notifications of achievement of 

increments of progress?

§ 60.2835 What if I do not meet an increment of progress?

§ 60.2840 How do I comply with the increment of progress for submittal 

of a control plan?

§ 60.2845 How do I comply with the increment of progress for achieving 

final compliance?

§ 60.2850 What must I do if I close my air curtain incinerator and 

then restart it?

§ 60.2855 What must I do if I plan to permanently close my air curtain 

incinerator and not restart it?

§ 60.2860 What are the emission limitations for air curtain 

incinerators?

§ 60.2865 How must I monitor opacity for air curtain incinerators?

§ 60.2870 What are the recordkeeping and reporting requirements for 

air curtain incinerators?

Model Rule—Definitions

§ 60.2875 What definitions must I know?

Introduction

§ 60.2500 What is the purpose of this subpart?

This subpart establishes emission guidelines and compliance 

schedules for the control of emissions from commercial and 

industrial solid waste incineration (CISWI) units. The 

pollutants addressed by these emission guidelines are listed in 

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

These emission guidelines are developed in accordance with 

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

this part.
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§ 60.2505 Am I affected by this subpart?

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

in a state or United States protectorate with one or more 

existing CISWI units that meet the criteria in paragraphs (b) 

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

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

emission guidelines contained in this subpart.

(b) You must submit a state plan to EPA by December 3, 2001 

for incinerator units that commenced construction on or before 

November 30, 1999 and that were not modified or reconstructed 

after June 1, 2001.

(c) You must submit a state plan that meets the 

requirements of this subpart and contains the more stringent 

emission limit for the respective pollutant in table 6 of this 

subpart or table 1 of subpart CCCC of this part to EPA by 

February 7, 2014 for incinerators that commenced construction 

after November 30, 1999, but no later than June 4, 2010, or 

commenced modification or reconstruction after June 1, 2001 but 

no later than August 7, 2013.

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

requirements of this subpart and contains the emission limits in 

tables 7 through 9 of this subpart by February 7, 2014, for 

CISWI units other than incinerator units that commenced 

construction on or before June 4, 2010, or commenced 
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modification or reconstruction after June 4, 2010 but no later 

than August 7, 2013.

§ 60.2510 Is a State state plan required for all Statesstates?

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

there are no existing CISWI units in your Statestate, and you 

submit a negative declaration letter in place of the State state 

plan.

§ 60.2515 What must I include in my State state plan?

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

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

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

have ceased operation but have not been dismantled.

(2) Inventory of emissions from affected CISWI units in 

your Statestate.

(3) Compliance schedules for each affected CISWI unit.

(4) Emission limitations, operator training and 

qualification requirements, a waste management plan, and 

operating limits for affected CISWI units that are at least as 

protective as the emission guidelines contained in this subpart.

(5) Performance testing, recordkeeping, and reporting 

requirements.

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

was held, a list of witnesses and their organizational 
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affiliations, if any, appearing at the hearing, and a brief 

written summary of each presentation or written submission.

(7) Provision for State state progress reports to EPA.

(8) Identification of enforceable State state mechanisms 

that you selected for implementing the emission guidelines of 

this subpart.

(9) Demonstration of your State's state's legal authority 

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

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

content of the emission guidelines contained in this subpart. 

However, if your State state plan does deviate in content, you 

must demonstrate that your State state plan is at least as 

protective as the emission guidelines contained in this subpart. 

Your State state plan must address regulatory applicability, 

increments of progress for retrofit, operator training and 

qualification, a waste management plan, emission limitations, 

performance testing, operating limits, monitoring, recordkeeping 

and reporting, and air curtain incinerator requirements.

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

part (Adoption and Submittal of State Plans for Designated 

Facilities) in your State state plan.

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

Yes. The EPA will review your State state plan according to 

§ 60.27.
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§ 60.2525 What if my state plan is not approvable?

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

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

develop a federal plan according to § 60.27 to implement the 

emission guidelines contained in this subpart. Owners and 

operators of CISWI units not covered by an approved state plan 

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

interim action and will be automatically withdrawn when your 

state plan is approved.

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

negative declaration letter) to EPA that meets the requirements 

of this subpart and contains the emission limits in tables 6 

through 9 of this subpart for CISWI units that commenced 

construction on or before June 4, 2010 and incinerator or air 

curtain incinerator units that commenced reconstruction or 

modification on or after June 1, 2001 but no later than August 

7, 2013, then EPA will develop a federal plan according to § 

60.27 to implement the emission guidelines contained in this 

subpart. Owners and operators of CISWI units not covered by an 

approved state plan must comply with the federal plan. The 

federal plan is an interim action and will be automatically 

withdrawn when your state plan is approved.

§ 60.2530 Is there an approval process for a negative 

declaration letter?
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No. The EPA has no formal review process for negative 

declaration letters. Once your negative declaration letter has 

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

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

existing CISWI unit is found in your Statestate, the Federal 

federal plan implementing the emission guidelines contained in 

this subpart would automatically apply to that CISWI unit until 

your State state plan is approved.

§ 60.2535 What compliance schedule must I include in my State 

state plan?

(a) For CISWI units in the incinerator subcategory and air 

curtain incinerators that commenced construction on or before 

November 30, 1999, your state plan must include compliance 

schedules that require CISWI units in the incinerator 

subcategory and air curtain incinerators to achieve final 

compliance as expeditiously as practicable after approval of the 

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

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

(1) December 1, 2005.

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

approval.

(b) For CISWI units in the incinerator subcategory and air 

curtain incinerators that commenced construction after November 

30, 1999, but on or before June 4, 2010 or that commenced 
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reconstruction or modification on or after June 1, 2001 but no 

later than August 7, 2013, and for CISWI units in the small 

remote incinerator, energy recovery unit, and waste-burning kiln 

subcategories that commenced construction before June 4, 2010, 

your state plan must include compliance schedules that require 

CISWI units to achieve final compliance as expeditiously as 

practicable after approval of the state plan but not later than 

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

(2) of this section.

(1) February 7, 2018.

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

approval.

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

effective date of State plan approval, State plans must include 

dates for enforceable increments of progress as specified in § 

60.2580.

§ 60.2540 Are there any State plan requirements for this subpart 

that apply instead of the requirements specified in subpart B?

Yes. Subpart B establishes general requirements for 

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

applies instead of the requirements in subpart B of this part 

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

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

as protective as the emission guidelines contained in this 
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subpart. State plans must require all CISWI units to comply by 

the dates specified in § 60.2535. This applies instead of the 

option for case-by-case less stringent emission standards and 

longer compliance schedules in § 60.24(f).

(b) State plans developed to implement this subpart are 

required to include two increments of progress for the affected 

CISWI units. These two minimum increments are the final control 

plan submittal date and final compliance date in § 60.21(h)(1) 

and (5). This applies instead of the requirement of § 

60.24(e)(1) that would require a State plan to include all five 

increments of progress for all CISWI units.

§ 60.2541 In lieu of a state plan submittal, are there other 

acceptable option(s) for a state to meet its Clean Air Act 

section 111(d)/129(b)(2) obligations?

Yes, a state may meet its Clean Air Act section 111(d)/129 

obligations by submitting an acceptable written request for 

delegation of the federal plan that meets the requirements of 

this section. This is the only other option for a state to meet 

its Clean Air Act section 111(d)/129 obligations.

(a) An acceptable federal plan delegation request must 

include the following:

(1) A demonstration of adequate resources and legal 

authority to administer and enforce the federal plan.

(2) The items under § 60.2515(a)(1), (2) and (7).
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(3) Certification that the hearing on the state delegation 

request, similar to the hearing for a state plan submittal, was 

held, a list of witnesses and their organizational affiliations, 

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

each presentation or written submission.

(4) A commitment to enter into a Memorandum of Agreement 

with the Regional Administrator who sets forth the terms, 

conditions, and effective date of the delegation and that serves 

as the mechanism for the transfer of authority. Additional 

guidance and information is given in EPA's Delegation Manual, 

Item 7-139, Implementation and Enforcement of 111(d)(2) and 

111(d)/(2)/129(b)(3) federal plans.

(b) A state with an already approved CISWI Clean Air Act 

section 111(d)/129 state plan is not precluded from receiving 

EPA approval of a delegation request for the revised federal 

plan, providing the requirements of paragraph (a) of this 

section are met, and at the time of the delegation request, the 

state also requests withdrawal of EPA's previous state plan 

approval.

(c) A state's Clean Air Act section 111(d)/129 obligations 

are separate from its obligations under Title V of the Clean Air 

Act.

§ 60.2542 What authorities will not be delegated to state, 

local, or tribal agencies?
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The authorities listed under § 60.2030(c) will not be 

delegated to state, local, or tribal agencies.

§ 60.2545 Does this subpart directly affect CISWI unit owners 

and operators in my Statestate?

(a) No. This subpart does not directly affect CISWI unit 

owners and operators in your Statestate. However, CISWI unit 

owners and operators must comply with the State state plan you 

develop to implement the emission guidelines contained in this 

subpart. States may choose to incorporate the model rule text 

directly in their State state plan.

(b) If you do not submit an approvable plan to implement 

and enforce the guidelines contained in this subpart for CISWI 

units that commenced construction before November 30, 1999 by 

December 2, 2002, EPA will implement and enforce a federal plan, 

as provided in § 60.2525, to ensure that each unit within your 

state reaches compliance with all the provisions of this subpart 

by December 1, 2005.

(c) If you do not submit an approvable plan to implement 

and enforce the guidelines contained in this subpart by February 

7, 2014, for CISWI units that commenced construction on or 

before June 4, 2010, EPA will implement and enforce a federal 

plan, as provided in § 60.2525, to ensure that each unit within 

your state that commenced construction on or before June 4, 
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2010, reaches compliance with all the provisions of this subpart 

by February 7, 2018.

Applicability of State Plans

§ 60.2550 What CISWI units must I address in my State state 

plan?

(a) Your State state plan must address incineration units 

that meet all three criteria described in paragraphs (a)(1) 

through (3) of this section.

(1) CISWI units and air curtain incinerators in your state 

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

commenced modification or reconstruction after June 4, 2010 but 

no later than August 7, 2013.

(2) Incineration units that meet the definition of a CISWI 

unit as defined in § 60.2875.

(3) Incineration units not exempt under § 60.2555.

(b) If the owner or operator of a CISWI unit or air curtain 

incinerator makes changes that meet the definition of 

modification or reconstruction on or after June 1August 7, 

20012013, the CISWI unit becomes subject to subpart CCCC of this 

part and the State state plan no longer applies to that unit.

(c) If the owner or operator of a CISWI unit makes physical 

or operational changes to an existing CISWI unit primarily to 

comply with your State state plan, subpart CCCC of this part 

does not apply to that unit. Such changes do not qualify as 
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modifications or reconstructions under subpart CCCC of this 

part.

§ 60.2555 What combustion units are exempt from my State state 

plan?

This subpart exempts the types of units described in 

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

but some units are required to provide notifications. Air 

curtain incinerators are exempt from the requirements in this 

subpart except for the provisions in §§ 60.2805, 60.2860, and 

60.2870.

(a) Pathological waste incineration units. Incineration 

units burning 90 percent or more by weight (on a calendar 

quarter basis and excluding the weight of auxiliary fuel and 

combustion air) of pathological waste, low-level radioactive 

waste, and/or chemotherapeutic waste as defined in § 60.2875 are 

not subject to this subpart if you meet the two requirements 

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

(1) Notify the Administrator that the unit meets these 

criteria.

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

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

chemotherapeutic waste burned, and the weight of all other fuels 

and wastes burned in the unit.

(b) [Reserved]
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(c) Municipal waste combustion units. Incineration units 

that are subject to subpart Ea of this part (Standards of 

Performance for Municipal Waste Combustors); subpart Eb of this 

part (Standards of Performance for Large Municipal Waste 

Combustors); subpart Cb of this part (Emission Guidelines and 

Compliance Time for Large Municipal Combustors); AAAA of this 

part (Standards of Performance for Small Municipal Waste 

Combustion Units); or subpart BBBB of this part (Emission 

Guidelines for Small Municipal Waste Combustion Units).

(d) Medical waste incineration units. Incineration units 

regulated under subpart Ec of this part (Standards of 

Performance for Hospital/Medical/Infectious Waste Incinerators 

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

subpart Ca of this part (Emission Guidelines and Compliance 

Times for Hospital/Medical/Infectious Waste Incinerators).

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

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

(e)(34) of this section.

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

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

796(17)(C)).

(2) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity.
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(3) You submit documentation to the Administrator notifying 

the Agency that the qualifying small power production facility 

is combusting homogenous waste.

(4) You maintain the records specified in § 60.2740(v).

(f) Cogeneration facilities. Units that meet the three 

requirements specified in paragraphs (f)(1) through (f)(34) of 

this section.

(1) The unit qualifies as a cogeneration facility under 

section 3(18)(B) of the Federal Power Act (16 U.S.C. 

796(18)(B)).

(2) The unit burns homogeneous waste (not including refusederived fuel) to produce electricity and steam or other forms of 

energy used for industrial, commercial, heating, or cooling 

purposes.

(3) You submit documentation to the Administrator notifying 

the Agency that the qualifying cogeneration facility is 

combusting homogenous waste.

(4) You maintain the records specified in § 60.2740(w).

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

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

Waste Disposal Act.

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

the primary purpose of recovering metals, such as primary and 

secondary smelters.
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(i) Air curtain incinerators. Air curtain incinerators that 

burn only the materials listed in paragraphs (i)(1) through (3) 

of this section are only required to meet the requirements under 

§ 60.2805 and under “Air Curtain Incinerators” (§§ 60.2810 

through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

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

and/or yard waste.

(j)-(l) [Reserved]

(m) Sewage treatment plants . Incineration units regulated 

under subpart O of this part (Standards of Performance for 

Sewage Treatment Plants).

(n) Sewage sludge incineration units. Incineration units 

combusting sewage sludge for the purpose of reducing the volume 

of the sewage sludge by removing combustible matter that are 

subject to subpart LLLL of this part (Standards of Performance 

for Sewage Sludge Incineration Units) or subpart MMMM of this 

part (Emission Guidelines for Sewage Sludge Incineration Units).

(o) Other solid waste incineration units. Incineration 

units that are subject to subpart EEEE of this part (Standards 

of Performance for Other Solid Waste Incineration Units) or 

subpart FFFF of this part (Emission Guidelines and Compliance 

Times for Other Solid Waste Incineration Units).
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Use of Model Rule

§ 60.2560 What is the “model rule” in this subpart?

(a) The model rule is the portion of these emission 

guidelines (§§ 60.2575 through 60.2875) that addresses the 

regulatory requirements applicable to CISWI units. The model 

rule provides these requirements in regulation format. You must 

develop a State state plan that is at least as protective as the 

model rule. You may use the model rule language as part of your 

State state plan. Alternative language may be used in your State 

state plan if you demonstrate that the alternative language is 

at least as protective as the model rule contained in this 

subpart.

(b) In the model rule of §§ 60.2575 to 60.2875, “you” means 

the owner or operator of a CISWI unit.

§ 60.2565 How does the model rule relate to the required 

elements of my State state plan?

Use the model rule to satisfy the State state plan 

requirements specified in § 60.2515(a)(4) and (5).

§ 60.2570 What are the principal components of the model rule?

The model rule contains the eleven major components listed 

in paragraphs (a) through (k) of this section.

(a) Increments of progress toward compliance.

(b) Waste management plan.

(c) Operator training and qualification.
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(d) Emission limitations and operating limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

Model Rule—Increments of Progress

§ 60.2575 What are my requirements for meeting increments of 

progress and achieving final compliance?

If you plan to achieve compliance more than 1 year 

following the effective date of State state plan approval, you 

must meet the two increments of progress specified in paragraphs 

(a) and (b) of this section.

(a) Submit a final control plan.

(b) Achieve final compliance.

§ 60.2580 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for each 

of the increments of progress.

§ 60.2585 What must I include in the notifications of 

achievement of increments of progress?
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Your notification of achievement of increments of progress 

must include the three items specified in paragraphs (a) through 

(c) of this section.

(a) Notification that the increment of progress has been 

achieved.

(b) Any items required to be submitted with each increment 

of progress.

(c) Signature of the owner or operator of the CISWI unit.

§ 60.2590 When must I submit the notifications of achievement of 

increments of progress?

Notifications for achieving increments of progress must be 

postmarked no later than 10 business days after the compliance 

date for the increment.

§ 60.2595 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must 

submit a notification to the Administrator postmarked within 10 

business days after the date for that increment of progress in 

table 1 of this subpart. You must inform the Administrator that 

you did not meet the increment, and you must continue to submit 

reports each subsequent calendar month until the increment of 

progress is met.

§ 60.2600 How do I comply with the increment of progress for 

submittal of a control plan?
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For your control plan increment of progress, you must 

satisfy the two requirements specified in paragraphs (a) and (b) 

of this section.

(a) Submit the final control plan that includes the five 

items described in paragraphs (a)(1) through (5) of this 

section.

(1) A description of the devices for air pollution control 

and process changes that you will use to comply with the 

emission limitations and other requirements of this subpart.

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

(3) The maximum design waste burning capacity.

(4) The anticipated maximum charge rate.

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

limits under § 60.2680.

(b) Maintain an onsite copy of the final control plan.

§ 60.2605 How do I comply with the increment of progress for 

achieving final compliance?

For the final compliance increment of progress, you must 

complete all process changes and retrofit construction of 

control devices, as specified in the final control plan, so 

that, if the affected CISWI unit is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed.
(Subpart DDDD - eCFR version 9-13-2013)

Page 23 of 164

§ 60.2610 What must I do if I close my CISWI unit and then 

restart it?

(a) If you close your CISWI unit but will restart it prior 

to the final compliance date in your State state plan, you must 

meet the increments of progress specified in § 60.2575.

(b) If you close your CISWI unit but will restart it after 

your final compliance date, you must complete emission control 

retrofits and meet the emission limitations and operating limits 

on the date your unit restarts operation.

§ 60.2615 What must I do if I plan to permanently close my CISWI 

unit and not restart it?

If you plan to close your CISWI unit rather than comply 

with the State state plan, submit a closure notification, 

including the date of closure, to the Administrator by the date 

your final control plan is due.

Model Rule—Waste Management Plan

§ 60.2620 What is a waste management plan?

A waste management plan is a written plan that identifies 

both the feasibility and the methods used to reduce or separate 

certain components of solid waste from the waste stream in order 

to reduce or eliminate toxic emissions from incinerated waste.

§ 60.2625 When must I submit my waste management plan?
(Subpart DDDD - eCFR version 9-13-2013)

Page 24 of 164

You must submit a waste management plan no later than the 

date specified in table 1 of this subpart for submittal of the 

final control plan.

§ 60.2630 What should I include in my waste management plan?

A waste management plan must include consideration of the 

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

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

recyclable materials. The plan must identify any additional 

waste management measures, and the source must implement those 

measures considered practical and feasible, based on the 

effectiveness of waste management measures already in place, the 

costs of additional measures, the emissions reductions expected 

to be achieved, and any other environmental or energy impacts 

they might have.

Model Rule—Operator Training and Qualification

§ 60.2635 What are the operator training and qualification 

requirements?

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

and qualified CISWI unit operator is accessible, either at the 

facility or can be at the facility within 1 hour. The trained 

and qualified CISWI unit operator may operate the CISWI unit 

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

personnel who operate the unit. If all qualified CISWI unit 
(Subpart DDDD - eCFR version 9-13-2013)

Page 25 of 164

operators are temporarily not accessible, you must follow the 

procedures in § 60.2665.

(b) Operator training and qualification must be obtained 

through a Statestate-approved program or by completing the 

requirements included in paragraph (c) of this section.

(c) Training must be obtained by completing an incinerator 

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

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

section.

(1) Training on the eleven subjects listed in paragraphs 

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

(i) Environmental concerns, including types of emissions.

(ii) Basic combustion principles, including products of 

combustion.

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

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

and shutdown procedures.

(iv) Combustion controls and monitoring.

(v) Operation of air pollution control equipment and 

factors affecting performance (if applicable).

(vi) Inspection and maintenance of the incinerator and air 

pollution control devices.

(vii) Actions to prevent and correct malfunctions or to 

prevent conditions that may lead to malfunctions.
(Subpart DDDD - eCFR version 9-13-2013)

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(viii) Bottom and fly ash characteristics and handling 

procedures.

(ix) Applicable Federalfederal, Statestate, and local 

regulations, including Occupational Safety and Health 

Administration workplace standards.

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and administered by the 

instructor.

(3) Written material covering the training course topics 

that can serve as reference material following completion of the 

course.

§ 60.2640 When must the operator training course be completed?

The operator training course must be completed by the later 

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

this section.

(a) The final compliance date (Increment 2).

(b) Six months after CISWI unit startup.

(c) Six months after an employee assumes responsibility for 

operating the CISWI unit or assumes responsibility for 

supervising the operation of the CISWI unit.

§ 60.2645 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a 

training course that satisfies the criteria under § 60.2635(b).
(Subpart DDDD - eCFR version 9-13-2013)

Page 27 of 164

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

training course is completed and the operator successfully 

passes the examination required under § 60.2635(c)(2).

§ 60.2650 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual 

review or refresher course covering, at a minimum, the five 

topics described in paragraphs (a) through (e) of this section.

(a) Update of regulations.

(b) Incinerator operation, including startup and shutdown 

procedures, waste charging, and ash handling.

(c) Inspection and maintenance.

(d) Prevention and correction of malfunctions or conditions 

that may lead to malfunction.

(e) Discussion of operating problems encountered by 

attendees.

§ 60.2655 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of 

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

section.

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

standard annual refresher course described in § 60.2650.

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

initial qualification requirements in § 60.2645(a).

§ 60.2660 What site-specific documentation is required?
(Subpart DDDD - eCFR version 9-13-2013)

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(a) Documentation must be available at the facility and 

readily accessible for all CISWI unit operators that addresses 

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

this section. You must maintain this information and the 

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

manner that they can be readily accessed and are suitable for 

inspection upon request.

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

(2) Procedures for receiving, handling, and charging waste.

(3) Incinerator startup, shutdown, and malfunction 

procedures.

(4) Procedures for maintaining proper combustion air supply 

levels.

(5) Procedures for operating the incinerator and associated 

air pollution control systems within the standards established 

under this subpart.

(6) Monitoring procedures for demonstrating compliance with 

the incinerator operating limits.

(7) Reporting and recordkeeping procedures.

(8) The waste management plan required under §§ 60.2620 

through 60.2630.

(9) Procedures for handling ash.

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

test.
(Subpart DDDD - eCFR version 9-13-2013)

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(b) You must establish a program for reviewing the 

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

incinerator operator.

(1) The initial review of the information listed in 

paragraph (a) of this section must be conducted by the later of 

the three dates specified in paragraphs (b)(1)(i) through (iii) 

of this section.

(i) The final compliance date (Increment 2).

(ii) Six months after CISWI unit startup.

(iii) Six months after being assigned to operate the CISWI 

unit.

(2) Subsequent annual reviews of the information listed in 

paragraph (a) of this section must be conducted no later than 12 

months following the previous review.

(c) You must also maintain the information specified in 

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

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

have completed review of the information in § 60.2660(a) as 

required by § 60.2660(b), including the date of the initial 

review and all subsequent annual reviews.

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

have completed the operator training requirements under § 

60.2635, met the criteria for qualification under § 60.2645, and 

maintained or renewed their qualification under § 60.2650 or § 
(Subpart DDDD - eCFR version 9-13-2013)

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60.2655. Records must include documentation of training, the 

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

qualification and all subsequent renewals of such 

qualifications.

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

number at which they can be reached during operating hours.

§ 60.2665 What if all the qualified operators are temporarily

not accessible?

If all qualified operators are temporarily not accessible 

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

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

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

length of time that a qualified operator is not accessible.

(a) When all qualified operators are not accessible for 

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

operated by other plant personnel familiar with the operation of 

the CISWI unit who have completed a review of the information 

specified in § 60.2660(a) within the past 12 months. However, 

you must record the period when all qualified operators were not 

accessible and include this deviation in the annual report as 

specified under § 60.2770.

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

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

in paragraphs (b)(1) and (2) of this section.
(Subpart DDDD - eCFR version 9-13-2013)

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(1) Notify the Administrator of this deviation in writing 

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

what you are doing to ensure that a qualified operator is 

accessible, and when you anticipate that a qualified operator 

will be accessible.

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

weeks outlining what you are doing to ensure that a qualified 

operator is accessible, stating when you anticipate that a 

qualified operator will be accessible and requesting approval 

from the Administrator to continue operation of the CISWI unit. 

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

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

this section. If the Administrator notifies you that your 

request to continue operation of the CISWI unit is disapproved, 

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

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

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

section.

(i) A qualified operator is accessible as required under § 

60.2635(a).

(ii) You notify the Administrator that a qualified operator 

is accessible and that you are resuming operation.

Model Rule—Emission Limitations and Operating Limits

§ 60.2670 What emission limitations must I meet and by when?
(Subpart DDDD - eCFR version 9-13-2013)

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

unit, including bypass stack or vent, specified in table 2 of 

this subpart or tables 6 through 9 of this subpart by the final 

compliance date under the approved state plan, federal plan, or 

delegation, as applicable. The emission limitations apply at all 

times the unit is operating including and not limited to 

startup, shutdown, or malfunction.

(b) Units that do not use wet scrubbers must maintain 

opacity to less than or equal to the percent opacity (three 1-

hour blocks consisting of ten 6-minute average opacity values) 

specified in table 2 of this subpart, as applicable.

§ 60.2675 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the 

emission limitations, you must establish operating limits for up 

to four operating parameters (as specified in table 3 of this 

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

section during the initial performance test.

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

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

appropriate.

(i) For continuous and intermittent units, maximum charge 

rate is 110 percent of the average charge rate measured during 

the most recent performance test demonstrating compliance with 

all applicable emission limitations.
(Subpart DDDD - eCFR version 9-13-2013)

Page 33 of 164

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

the daily charge rate measured during the most recent 

performance test demonstrating compliance with all applicable 

emission limitations.

(2) Minimum pressure drop across the wet particulate matter 

scrubber, which is calculated as the lowest 1-hour average 

pressure drop across the wet scrubber measured during the most 

recent performance test demonstrating compliance with the 

particulate matter emission limitations; or minimum amperage to 

the wet scrubber, which is calculated as the lowest 1-hour 

average amperage to the wet scrubber measured during the most 

recent performance test demonstrating compliance with the 

particulate matter emission limitations.

(3) Minimum scrubber liquid flow rate, which is calculated 

as the lowest 1-hour average liquid flow rate at the inlet to 

the wet acid gas or particulate matter scrubber measured during 

the most recent performance test demonstrating compliance with 

all applicable emission limitations.

(4) Minimum scrubber liquor pH, which is calculated as the 

lowest 1-hour average liquor pH at the inlet to the wet acid gas 

scrubber measured during the most recent performance test 

demonstrating compliance with the HCl emission limitation.

(b) You must meet the operating limits established during 

the initial performance test on the date the initial performance 
(Subpart DDDD - eCFR version 9-13-2013)

Page 34 of 164

test is required or completed (whichever is earlier). You must 

conduct an initial performance evaluation of each continuous 

monitoring system and continuous parameter monitoring system 

within 60 days of installation of the monitoring system.

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

limitations, you must operate each fabric filter system such 

that the bag leak detection system alarm does not sound more 

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

calculating this operating time percentage, if inspection of the 

fabric filter demonstrates that no corrective action is 

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

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

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

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

by you to initiate corrective action.

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

the emission limitations, you must measure the (secondary) 

voltage and amperage of the electrostatic precipitator 

collection plates during the particulate matter performance 

test. Calculate the average electric power value (secondary 

voltage × secondary current = secondary electric power) for each 

test run. The operating limit for the electrostatic precipitator 

is calculated as the lowest 1-hour average secondary electric 

power measured during the most recent performance test 
(Subpart DDDD - eCFR version 9-13-2013)

Page 35 of 164

demonstrating compliance with the particulate matter emission 

limitations.

(e) If you use activated carbon sorbent injection to comply 

with the emission limitations, you must measure the sorbent flow 

rate during the performance testing. The operating limit for the 

carbon sorbent injection is calculated as the lowest 1-hour 

average sorbent flow rate measured during the most recent 

performance test demonstrating compliance with the mercury 

emission limitations. For energy recovery units, when your unit 

operates at lower loads, multiply your sorbent injection rate by 

the load fraction, as defined in this subpart, to determine the 

required injection rate (e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5).

(f) If you use selective noncatalytic reduction to comply 

with the emission limitations, you must measure the charge rate, 

the secondary chamber temperature (if applicable to your CISWI 

unit), and the reagent flow rate during the nitrogen oxides 

performance testing. The operating limits for the selective 

noncatalytic reduction are calculated as the highest 1-hour 

average charge rate, lowest secondary chamber temperature, and 

lowest reagent flow rate measured during the most recent 

performance test demonstrating compliance with the nitrogen 

oxides emission limitations.
(Subpart DDDD - eCFR version 9-13-2013)

Page 36 of 164

(g) If you use a dry scrubber to comply with the emission 

limitations, you must measure the injection rate of each sorbent 

during the performance testing. The operating limit for the 

injection rate of each sorbent is calculated as the lowest 1-

hour average injection rate of each sorbent measured during the 

most recent performance test demonstrating compliance with the 

hydrogen chloride emission limitations. For energy recovery 

units, when your unit operates at lower loads, multiply your 

sorbent injection rate by the load fraction, as defined in this 

subpart, to determine the required injection rate (e.g., for 50 

percent load, multiply the injection rate operating limit by 

0.5).

(h) If you do not use a wet scrubber, electrostatic 

precipitator, or fabric filter to comply with the emission 

limitations, and if you do not determine compliance with your 

particulate matter emission limitation with a particulate matter 

CEMS, you must maintain opacity to less than or equal to ten 

percent opacity (1-hour block average).

(i) If you use a PM CPMS to demonstrate compliance, you 

must establish your PM CPMS operating limit and determine 

compliance with it according to paragraphs (i)(1) through (5) of 

this section.

(1) During the initial performance test or any such 

subsequent performance test that demonstrates compliance with 
(Subpart DDDD - eCFR version 9-13-2013)

Page 37 of 164

the PM limit, record all hourly average output values 

(milliamps, or the digital signal equivalent) from the PM CPMS 

for the periods corresponding to the test runs (e.g., three 1-

hour average PM CPMS output values for three 1-hour test runs).

(i) Your PM CPMS must provide a 4-20 milliamp output, or 

the digital signal equivalent, and the establishment of its 

relationship to manual reference method measurements must be 

determined in units of milliamps or digital bits.

(ii) Your PM CPMS operating range must be capable of 

reading PM concentrations from zero to a level equivalent to at 

least two times your allowable emission limit. If your PM CPMS 

is an auto-ranging instrument capable of multiple scales, the 

primary range of the instrument must be capable of reading PM 

concentration from zero to a level equivalent to two times your 

allowable emission limit.

(iii) During the initial performance test or any such 

subsequent performance test that demonstrates compliance with 

the PM limit, record and average all milliamp output values, or 

their digital equivalent, from the PM CPMS for the periods 

corresponding to the compliance test runs (e.g., average all 

your PM CPMS output values for three corresponding 2-hour Method 

5I test runs).

(2) If the average of your three PM performance test runs 

are below 75% of your PM emission limit, you must calculate an 
(Subpart DDDD - eCFR version 9-13-2013)

Page 38 of 164

operating limit by establishing a relationship of PM CPMS signal 

to PM concentration using the PM CPMS instrument zero, the 

average PM CPMS values corresponding to the three compliance 

test runs, and the average PM concentration from the Method 5 or 

performance test with the procedures in (i)(1)through (5) of 

this section.

(i) Determine your instrument zero output with one of the 

following procedures:

(A) Zero point data for in-situ instruments should be 

obtained by removing the instrument from the stack and 

monitoring ambient air on a test bench.

(B) Zero point data for extractive instruments should be 

obtained by removing the extractive probe from the stack and 

drawing in clean ambient air.

(C) The zero point can also can be established obtained by 

performing manual reference method measurements when the flue 

gas is free of PM emissions or contains very low PM 

concentrations (e.g., when your process is not operating, but 

the fans are operating or your source is combusting only natural 

gas) and plotting these with the compliance data to find the 

zero intercept.

(D) If none of the steps in paragraphs (i)(2)(i)(A) through 

(i)(2)(i)(C)(iv) of this section are possible, you must use a 

zero output value provided by the manufacturer.
(Subpart DDDD - eCFR version 9-13-2013)

Page 39 of 164

(ii) Determine your PM CPMS instrument average in 

milliamps, or the digital equivalent, and the average of your 

corresponding three PM compliance test runs, using equation 51.

(Eq. 1)

Where:

X1 = the PM CPMS data points for the three runs 

constituting the performance test,

Y1 = the PM concentration value for the three runs 

constituting the performance test, and

n = the number of data points.

(iii) With your instrument zero expressed in milliamps, or 

the digital equivalent, your three run average PM CPMS milliamp

or digital value, and your three run average PM concentration 

from your three compliance tests, determine a relationship of 

lb/Mmbtumg/dscm per milliamp, or per digital signal equivalent,

with equation 26.

(Eq. 2)

Where:

R = the relative mg/dscm per milliamp, or the digital 

equivalent, for your PM CPMS,
(Subpart DDDD - eCFR version 9-13-2013)

Page 40 of 164

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

X1 = the three run average milliamp output, or the 

digital equivalent, from you PM CPMS, and

z = the milliamp or digital signal equivalent of your 

instrument zero determined from (2)(i).

(iv) Determine your source specific 30-day rolling average 

operating limit using the mg/dscm per milliamp value, or per 

digital signal equivalent, from eEquation 6 2 in equation 73, 

below. This sets your operating limit at the PM CPMS output 

value corresponding to 75% of your emission limit.

(Eq. 3)

Where:

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

rolling average, in milliamps or digital bits.

L = your source emission limit expressed in 

lb/Mmbtumg/dscm,

z = your instrument zero in milliamps or digital bits, 

determined from (2)(ai), and

R = the relative mg/dscm per milliamp, or per digital 

bits, for your PM CPMS, from Equation equation 32.

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

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

your operating limit by averaging the PM CPMS milliamp or 

digital signal output corresponding to your three PM performance 

test runs that demonstrate compliance with the emission limit 

using equation 8 4 and you must submit all compliance test and 
(Subpart DDDD - eCFR version 9-13-2013)

Page 41 of 164

PM CPMS data according to the reporting requirements in 

paragraph (i)(5) of this section.

(Eq. 4)

Where:

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

n = the number of data points, and

Oh = your site specific operating limit, in milliamps or 

digital bits.

(4) To determine continuous compliance, you must record the 

PM CPMS output data for all periods when the process is 

operating and the PM CPMS is not out-of-control. You must 

demonstrate continuous compliance by using all quality-assured 

hourly average data collected by the PM CPMS for all operating 

hours to calculate the arithmetic average operating parameter in 

units of the operating limit (e.g., milliamps or digital bits, 

PM concentration, raw data signal) on a 30-day rolling average 

basis.

(5) For PM performance test reports used to set a PM CPMS 

operating limit, the electronic submission of the test report 

must also include the make and model of the PM CPMS instrument, 

serial number of the instrument, analytical principle of the 

instrument (e.g., beta attenuation), span of the instruments 

primary analytical range, milliamp or digital signal value 

equivalent to the instrument zero output, technique by which 
(Subpart DDDD - eCFR version 9-13-2013)

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this zero value was determined, and the average milliamp or 

digital signals corresponding to each PM compliance test run.

§ 60.2680 What if I do not use a wet scrubber, fabric filter, 

activated carbon injection, selective noncatalytic reduction, an 

electrostatic precipitator, or a dry scrubber to comply with the 

emission limitations?

(a) If you use an air pollution control device other than a 

wet scrubber, activated carbon injection, selective noncatalytic 

reduction, fabric filter, an electrostatic precipitator, or a 

dry scrubber or limit emissions in some other manner, including 

mass balances, to comply with the emission limitations under § 

60.2670, you must petition the EPA Administrator for specific 

operating limits to be established during the initial 

performance test and continuously monitored thereafter. You must 

submit the petition at least sixty days before the performance 

test is scheduled to begin. Your petition must include the five 

items listed in paragraphs (a)(1) through (5) of this section.

(1) Identification of the specific parameters you propose 

to use as additional operating limits.

(2) A discussion of the relationship between these 

parameters and emissions of regulated pollutants, identifying 

how emissions of regulated pollutants change with changes in 

these parameters and how limits on these parameters will serve 

to limit emissions of regulated pollutants.
(Subpart DDDD - eCFR version 9-13-2013)

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(3) A discussion of how you will establish the upper and/or 

lower values for these parameters which will establish the 

operating limits on these parameters.

(4) A discussion identifying the methods you will use to 

measure and the instruments you will use to monitor these 

parameters, as well as the relative accuracy and precision of 

these methods and instruments.

(5) A discussion identifying the frequency and methods for 

recalibrating the instruments you will use for monitoring these 

parameters.

(b) [Reserved]

§ 60.2685 Affirmative defense for violation of emission 

standards during malfunction.

In response to an action to enforce the standards set forth 

in paragraph § 60.2670 you may assert an affirmative defense to 

a claim for civil penalties for violations of such standards 

that are caused by malfunction, as defined at 40 CFR 60.2. 

Appropriate penalties may be assessed if you fail to meet your 

burden of proving all of the requirements in the affirmative 

defense. The affirmative defense shall not be available for 

claims for injunctive relief.

(a) Assertion of affirmative defense. To establish the 

affirmative defense in any action to enforce such a standard, 

you must timely meet the reporting requirements in paragraph (b) 
(Subpart DDDD - eCFR version 9-13-2013)

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of this section, and must prove by a preponderance of evidence 

that:

(1) The violation:

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

failure of air pollution control equipment, process equipment, 

or a process to operate in a normal or usual manner; and

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and

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

have been foreseen and avoided, or planned for; and

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

inadequate design, operation, or maintenance; and

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

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

the extent practicable to make these repairs; and

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

(including any bypass) were minimized to the maximum extent 

practicable; and

(4) If the violation resulted from a bypass of control 

equipment or a process, then the bypass was unavoidable to 

prevent loss of life, personal injury, or severe property 

damage; and
(Subpart DDDD - eCFR version 9-13-2013)

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

the violation on ambient air quality, the environment, and human 

health; and

(6) All emissions monitoring and control systems were kept 

in operation if at all possible, consistent with safety and good 

air pollution control practices; and

(7) All of the actions in response to the violation were 

documented by properly signed, contemporaneous operating logs; 

and

(8) At all times, the affected CISWI unit was operated in a 

manner consistent with good practices for minimizing emissions; 

and

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

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

primary causes of the malfunction and the violation resulting 

from the malfunction event at issue. The analysis shall also 

specify, using best monitoring methods and engineering judgment, 

the amount of any emissions that were the result of the 

malfunction.

(b) Report. The owner or operator seeking to assert an 

affirmative defense shall submit a written report to the 

Administrator with all necessary supporting documentation, that 

it has met the requirements set forth in paragraph (a) of this 

section. This affirmative defense report shall be included in 
(Subpart DDDD - eCFR version 9-13-2013)

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the first periodic compliance, deviation report or excess 

emission report otherwise required after the initial occurrence 

of the violation of the relevant standard (which may be the end 

of any applicable averaging period). If such compliance, 

deviation report or excess emission report is due less than 45 

days after the initial occurrence of the violation, the 

affirmative defense report may be included in the second 

compliance, deviation report or excess emission report due after 

the initial occurrence of the violation of the relevant 

standard.

Model Rule—Performance Testing

§ 60.2690 How do I conduct the initial and annual performance 

test?

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

three test runs conducted under conditions representative of 

normal operations.

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

performance test is representative of the waste burned under 

normal operating conditions by maintaining a log of the quantity 

of waste burned (as required in § 60.2740(b)(1)) and the types 

of waste burned during the performance test.

(c) All performance tests must be conducted using the 

minimum run duration specified in tables 2 and 6 through 9 of 

this subpart.
(Subpart DDDD - eCFR version 9-13-2013)

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

select the sampling location and number of traverse points.

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

for gas composition analysis, including measurement of oxygen 

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

be used simultaneously with each method.

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

be adjusted to 7 percent oxygen using Equation equation 1 5 of 

this section:

Cadj = Cmeas (20.9−7)/(20.9−%O2 ) (Eq. 15)

Where:

Cadj = pollutant concentration adjusted to 7 percent 

oxygen;

Cmeas = pollutant concentration measured on a dry basis;

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

oxygen correction basis);

20.9 = oxygen concentration in air, percent; and

%O2 = oxygen concentration measured on a dry basis, 

percent.

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

following the procedures in paragraphs (g)(1) through (4) of 

this section.

(1) Measure the concentration of each dioxin/furan tetrathrough octa-isomer emitted using EPA Method 23 at 40 CFR part 

60, appendix A.
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(2) Quantify isomers meeting identification criteria 2, 3, 

4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether 

the isomers meet identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of Method 23. (Note: You 

may reanalyze the sample aliquot or split to reduce the number 

of isomers not meeting identification criteria 1 or 7 of Section 

5.3.2.5.)

(3) For each dioxin/furan (tetra- through octa-chlorinated) 

isomer measured in accordance with paragraph (g)(1) and (2) of 

this section, multiply the isomer concentration by its 

corresponding toxic equivalency factor specified in table 4 of 

this subpart.

(4) Sum the products calculated in accordance with 

paragraph (g)(3) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency.

(h) Method 22 at 40 CFR part 60, appendix A-7 must be used 

to determine compliance with the fugitive ash emission limit in 

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

(i) If you have an applicable opacity operating limit, you 

must determine compliance with the opacity limit using Method 9 

at 40 CFR part 60, appendix A-4, based on three 1-hour blocks 

consisting of ten 6-minute average opacity values, unless you 
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are required to install a continuous opacity monitoring system, 

consistent with § 60.2710 and § 60.2730.

(j) You must determine dioxins/furans total mass basis by 

following the procedures in paragraphs (j)(1) through (3) of 

this section.

(1) Measure the concentration of each dioxin/furan tetrathrough octa-chlorinated isomer emitted using EPA Method 23 at 

40 CFR part 60, appendix A-7.

(2) Quantify isomers meeting identification criteria 2, 3, 

4, and 5 in Section 5.3.2.5 of Method 23, regardless of whether 

the isomers meet identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of Method 23. (Note: You 

may reanalyze the sample aliquot or split to reduce the number 

of isomers not meeting identification criteria 1 or 7 of Section 

5.3.2.5.)

(3) Sum the quantities measured in accordance with 

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

concentration of dioxins/furans emitted in terms of total mass 

basis.

§ 60.2695 How are the performance test data used?

You use results of performance tests to demonstrate 

compliance with the emission limitations in table 2 of this 

subpart or tables 6 through 9 of this subpart.

Model Rule—Initial Compliance Requirements
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§ 60.2700 How do I demonstrate initial compliance with the 

amended emission limitations and establish the operating limits?

You must conduct a performance test, as required under §§ 

60.2690 and 60.2670, to determine compliance with the emission 

limitations in table 2 of this subpart and tables 6 through 9 of 

this subpart, to establish compliance with any opacity operating 

limits in § 60.2675, to establish the kiln-specific emission 

limit in § 60.2710(y), as applicable, and to establish operating 

limits using the procedures in § 60.2675 or § 60.2680. The 

performance test must be conducted using the test methods listed 

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

subpart and the procedures in § 60.2690. The use of the bypass 

stack during a performance test shall invalidate the performance 

test. You must conduct a performance evaluation of each 

continuous monitoring system within 60 days of installation of 

the monitoring system.

§ 60.2705 By what date must I conduct the initial performance 

test?

(a) The initial performance test must be conducted no later 

than 180 days after your final compliance date. Your final 

compliance date is specified in table 1 of this subpart.

(b) If you commence or recommence combusting a solid waste 

at an existing combustion unit at any commercial or industrial 

facility and you conducted a test consistent with the provisions 
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of this subpart while combusting the given solid waste within 

the 6 months preceding the reintroduction of that solid waste in 

the combustion chamber, you do not need to retest until 6 months 

from the date you reintroduce that solid waste.

(c) If you commence combusting or recommence combusting a 

solid waste at an existing combustion unit at any commercial or 

industrial facility and you have not conducted a performance 

test consistent with the provisions of this subpart while 

combusting the given solid waste within the 6 months preceding 

the reintroduction of that solid waste in the combustion 

chamber, you must conduct a performance test within 60 days 

commencing or recommencingfrom the date you reintroduce solid 

waste combustion.

§ 60.2706 By what date must I conduct the initial air pollution 

control device inspection?

(a) The initial air pollution control device inspection 

must be conducted within 60 days after installation of the 

control device and the associated CISWI unit reaches the charge 

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

the final compliance date for meeting the amended emission 

limitations.

(b) Within 10 operating days following an air pollution 

control device inspection, all necessary repairs must be 

completed unless the owner or operator obtains written approval 
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from the state agency establishing a date whereby all necessary 

repairs of the designated facility must be completed.

Model Rule—Continuous Compliance Requirements

§ 60.2710 How do I demonstrate continuous compliance with the 

amended emission limitations and the operating limits?

(a) Compliance with standards.

(1) The emission standards and operating requirements set 

forth in this subpart apply at all times.

(2) If you cease combusting solid waste you may opt to 

remain subject to the provisions of this subpart. Consistent 

with the definition of CISWI unit, you are subject to the 

requirements of this subpart at least 6 months following the 

last date of solid waste combustion. Solid waste combustion is 

ceased when solid waste is not in the combustion chamber (i.e.,

the solid waste feed to the combustor has been cut off for a 

period of time not less than the solid waste residence time).

(3) If you cease combusting solid waste you must be in 

compliance with any newly applicable standards on the effective 

date of the waste-to-fuel switch. The effective date of the 

waste-to-fuel switch is a date selected by you, that must be at 

least 6 months from the date that you ceased combusting solid 

waste, consistent with § 60.2710(a)(2). Your source must remain 

in compliance with this subpart until the effective date of the 

waste-to-fuel switch.
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(4) If you own or operate an existing commercial or 

industrial combustion unit that combusted a fuel or non-waste 

material, and you commence or recommence combustion of solid 

waste, you are subject to the provisions of this subpart as of 

the first day you introduce or reintroduce solid waste to the 

combustion chamber, and this date constitutes the effective date 

of the fuel-to-waste switch. You must complete all initial 

compliance demonstrations for any Section 112 standards that are 

applicable to your facility before you commence or recommence 

combustion of solid waste. You must provide 30 days prior notice 

of the effective date of the waste-to-fuel switch. The 

notification must identify:

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

the location of the source, the emissions unit(s) that will 

cease burning solid waste, and the date of the notice;

(ii) The currently applicable subcategory under this 

subpart, and any 40 CFR part 63 subpart and subcategory that 

will be applicable after you cease combusting solid waste;

(iii) The fuel(s), non-waste material(s) and solid waste(s) 

the CISWI unit is currently combusting and has combusted over 

the past 6 months, and the fuel(s) or non-waste materials the 

unit will commence combusting;

(iv) The date on which you became subject to the currently 

applicable emission limits;
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(v) The date upon which you will cease combusting solid 

waste, and the date (if different) that you intend for any new 

requirements to become applicable (i.e., the effective date of 

the waste-to-fuel switch), consistent with paragraphs (a)(2) and 

(3) of this section.

(5) All air pollution control equipment necessary for 

compliance with any newly applicable emissions limits which 

apply as a result of the cessation or commencement or 

recommencement of combusting solid waste must be installed and 

operational as of the effective date of the waste-to-fuel, or 

fuel-to-waste switch.

(6) All monitoring systems necessary for compliance with 

any newly applicable monitoring requirements which apply as a 

result of the cessation or commencement or recommencement of 

combusting solid waste must be installed and operational as of 

the effective date of the waste-to-fuel, or fuel-to-waste 

switch. All calibration and drift checks must be performed as of 

the effective date of the waste-to-fuel, or fuel-to-waste 

switch. Relative accuracy tests must be performed as of the 

performance test deadline for PM CEMS (if PM CEMS are elected to 

demonstrate continuous compliance with the particulate matter 

emission limits). Relative accuracy testing for other CEMS need 

not be repeated if that testing was previously performed 
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consistent with section 112 monitoring requirements or 

monitoring requirements under this subpart.

(b) You must conduct an annual performance test for the 

pollutants listed in table 2 of this subpart or tables 6 through 

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

under § 60.2690. The annual performance test must be conducted 

using the test methods listed in table 2 of this subpart or 

tables 6 through 9 of this subpart and the procedures in § 

60.2690. Opacity must be measured using EPA Reference Method 9 

at 40 CFR part 60. Annual performance tests are not required if 

you use CEMS or continuous opacity monitoring systems to 

determine compliance.

(c) You must continuously monitor the operating parameters 

specified in § 60.2675 or established under § 60.2680 and as 

specified in § 60.2735. Operation above the established maximum 

or below the established minimum operating limits constitutes a 

deviation from the established operating limits. Three-hour 

block average values are used to determine compliance (except 

for baghouse leak detection system alarms) unless a different 

averaging period is established under § 60.2680 or, for energy 

recovery units, where the averaging time for each operating 

parameter is a 30-day rolling, calculated each hour as the 

average of the previous 720 operating hours over the previous 30 

days of operation. Operation above the established maximum, 
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below the established minimum, or outside the allowable range of 

the operating limits specified in paragraph (a) of this section 

constitutes a deviation from your operating limits established 

under this subpart, except during performance tests conducted to 

determine compliance with the emission and operating limits or 

to establish new operating limits. Operating limits are 

confirmed or reestablished during performance tests.

(d) You must burn only the same types of waste and fuels 

used to establish subcategory applicability (for ERUs) and 

operating limits during the performance test.

(e) For energy recovery units, incinerators, and small 

remote units, you must perform annual visual emissions test for 

ash handling.

(f) For energy recovery units, you must conduct an annual 

performance test for opacity using EPA Reference Method 9 at 40 

CFR part 60 (except where particulate matter continuous 

monitoring system or continuous parameter monitoring systems are 

used) and the pollutants listed in table 7 of this subpart.

(g) For facilities using a CEMS to demonstrate compliance 

with the carbon monoxide emission limit, compliance with the 

carbon monoxide emission limit may be demonstrated by using the 

CEMS according to the following requirements:

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

calculate 1-hour arithmetic averages, corrected to 7 percent 
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oxygen. CEMS data during startup and shutdown, as defined in 

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

measured at stack oxygen content. You must demonstrate initial 

compliance with the carbon monoxide emissions limit using a 30-

day rolling average of the 1-hour arithmetic average emission 

concentrations, including CEMS data during startup and shutdown 

as defined in this subpart, calculated using eEquation 19-19 in 

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

appendix A-7.

(2) Operate the carbon monoxide continuous emissions 

monitoring system in accordance with the applicable requirements 

of performance specification 4A of appendix B and the quality 

assurance procedures of appendix F of this part.

(h) Coal and liquid/gas energy recovery units with annual 

average heat input rates greater than 250 MMBtu/hr may elect to 

demonstrate continuous compliance with the particulate matter 

emissions limit using a particulate matter CEMS according to the 

procedures in § 60.2730(n) instead of the continuous parameter 

monitoring system specified in § 60.2710(i). Coal and liquid/gas 

energy recovery units with annual average heat input rates less 

than 250 MMBtu/hr, incinerators, and small remote incinerators 

may also elect to demonstrate compliance using a particulate 

matter CEMS according to the procedures in § 60.2730(n) instead 

of particulate matter testing with EPA Method 5 at 40 CFR part 
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60, appendix A-3 and, if applicable, the continuous opacity 

monitoring requirements in paragraph (i) of this section.

(i) For energy recovery units with annual average heat 

input rates greater than or equal to 10 MMBTU/hour but less than 

250 MMBtu/hr you must install, operate, certify and maintain a 

continuous opacity monitoring system (COMS) according to the 

procedures in § 60.2730.

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

performance test for the pollutants (except mercury and 

particulate matter, and hydrogen chloride if no acid gas wet 

scrubber is used) listed in table 8 of this subpart. If your 

waste-burning kiln is not equipped with a wet scrubber or dry 

scrubber, you must determine compliance with the hydrogen 

chloride emission limit using a CEMS as specified in § 60.2730. 

You must determine compliance with particulate matter using 

CPMS. You must determine compliance with the mercury emissions 

limit using a mercury CEMS according to the following 

requirements:

(1) Operate a CEMS in accordance with performance 

specification 12A at 40 CFR part 60, appendix B or a sorbent 

trap based integrated monitor in accordance with performance 

specification 12B at 40 CFR part 60, appendix B. The duration of 

the performance test must be a calendar month. For each calendar 

month in which the waste-burning kiln operates, hourly mercury 
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concentration data and stack gas volumetric flow rate data must 

be obtained. You must demonstrate compliance with the mercury 

emissions limit using a 30-day rolling average of these 1-hour 

mercury concentrations, including CEMS data during startup and 

shutdown as defined in this subpart, calculated using Equation 

equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 

40 CFR part 60, appendix A-7 of this part. CEMS data during 

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

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

content.

(2) Owners or operators using a mercury continuous 

emissions monitoring systems must install, operate, calibrate 

and maintain an instrument for continuously measuring and 

recording the mercury mass emissions rate to the atmosphere 

according to the requirements of performance specifications 6 

and 12A at 40 CFR part 60, appendix B and quality assurance 

procedure 5 at 40 CFR part 60, appendix F.

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

demonstrate initial compliance by operating a mercury CEMS while 

the raw mill of the in-line kiln/raw mill is operating under 

normal conditions and including at least one period when the raw 

mill is off.

(k) If you use an air pollution control device to meet the 

emission limitations in this subpart, you must conduct an 
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initial and annual inspection of the air pollution control 

device. The inspection must include, at a minimum, the 

following:

(1) Inspect air pollution control device(s) for proper 

operation.

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

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

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under § 

60.13(i).

(l) For each CMS required in this section, you must develop 

and submit to the EPA Administrator for approval a site-specific 

monitoring plan according to the requirements of this paragraph 

(l) that addresses paragraphs (l)(1)(i) through (vi) of this 

section.

(1) You must submit this site-specific monitoring plan at 

least 60 days before your initial performance evaluation of your 

continuous monitoring system.

(i) Installation of the continuous monitoring system 

sampling probe or other interface at a measurement location 

relative to each affected process unit such that the measurement 

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

or downstream of the last control device).
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(ii) Performance and equipment specifications for the 

sample interface, the pollutant concentration or parametric 

signal analyzer and the data collection and reduction systems.

(iii) Performance evaluation procedures and acceptance 

criteria (e.g., calibrations).

(iv) Ongoing operation and maintenance procedures in 

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

(v) Ongoing data quality assurance procedures in accordance 

with the general requirements of § 60.13.

(vi) Ongoing recordkeeping and reporting procedures in 

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

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

(2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific monitoring plan.

(3) You must operate and maintain the continuous monitoring 

system in continuous operation according to the site-specific 

monitoring plan.

(m) If you have an operating limit that requires the use of 

a flow monitoring system, you must meet the requirements in 

paragraphs (l) and (m)(1) through (4) of this section.

(1) Install the flow sensor and other necessary equipment 

in a position that provides a representative flow.
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(2) Use a flow sensor with a measurement sensitivity at 

full scale of no greater than 2 percent.

(3) Minimize the effects of swirling flow or abnormal 

velocity distributions due to upstream and downstream 

disturbances.

(4) Conduct a flow monitoring system performance evaluation 

in accordance with your monitoring plan at the time of each 

performance test but no less frequently than annually.

(n) If you have an operating limit that requires the use of 

a pressure monitoring system, you must meet the requirements in 

paragraphs (l) and (n)(1) through (6) of this section.

(1) Install the pressure sensor(s) in a position that 

provides a representative measurement of the pressure (e.g., PM 

scrubber pressure drop).

(2) Minimize or eliminate pulsating pressure, vibration, 

and internal and external corrosion.

(3) Use a pressure sensor with a minimum tolerance of 1.27 

centimeters of water or a minimum tolerance of 1 percent of the 

pressure monitoring system operating range, whichever is less.

(4) Perform checks at the frequency outlined in your sitespecific monitoring plan to ensure pressure measurements are not 

obstructed (e.g., check for pressure tap pluggage daily).

(5) Conduct a performance evaluation of the pressure 

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

annually.

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

manufacturer's specified maximum operating pressure range, 

conduct a performance evaluation of the pressure monitoring 

system in accordance with your monitoring plan and confirm that 

the pressure monitoring system continues to meet the performance 

requirements in your monitoring plan. Alternatively, install and 

verify the operation of a new pressure sensor.

(o) If you have an operating limit that requires a pH 

monitoring system, you must meet the requirements in paragraphs 

(l) and (o)(1) through (4) of this section.

(1) Install the pH sensor in a position that provides a 

representative measurement of scrubber effluent pH.

(2) Ensure the sample is properly mixed and representative 

of the fluid to be measured.

(3) Conduct a performance evaluation of the pH monitoring 

system in accordance with your monitoring plan at least once

each process operating day.

(4) Conduct a performance evaluation (including a two-point 

calibration with one of the two buffer solutions having a pH 

within 1 of the pH of the operating limit) of the pH monitoring 

system in accordance with your monitoring plan at the time of 

each performance test but no less frequently than quarterly.
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(p) If you have an operating limit that requires a 

secondary electric power monitoring system for an electrostatic 

precipitator, you must meet the requirements in paragraphs (l) 

and (p)(1) through (2) of this section.

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

current to the precipitator collection plates.

(2) Conduct a performance evaluation of the electric power 

monitoring system in accordance with your monitoring plan at the 

time of each performance test but no less frequently than 

annually.

(q) If you have an operating limit that requires the use of 

a monitoring system to measure sorbent injection rate (e.g.,

weigh belt, weigh hopper, or hopper flow measurement device), 

you must meet the requirements in paragraphs (l) and (q)(1) 

through (3) of this section.

(1) Install the system in a position(s) that provides a 

representative measurement of the total sorbent injection rate.

(2) Conduct a performance evaluation of the sorbent 

injection rate monitoring system in accordance with your 

monitoring plan at the time of each performance test but no less 

frequently than annually.

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

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

install, calibrate, maintain, and continuously operate a bag 
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leak detection system as specified in paragraphs (l) and (r)(1) 

through (5) of this section.

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

that will be representative of the relative or absolute 

particulate matter loadings for each exhaust stack, roof vent, 

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

the fabric filter.

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

manufacturer to be capable of detecting particulate matter 

emissions at concentrations of 10 milligrams per actual cubic 

meter or less.

(3) Conduct a performance evaluation of the bag leak 

detection system in accordance with your monitoring plan and 

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

(incorporated by reference, see § 60.17).

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

to continuously record the output signal from the sensor.

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

that will sound an alarm when an increase in relative 

particulate matter emissions over a preset level is detected. 

The alarm must be located where it is observed readily by plant 

operating personnel.

(s) For facilities using a CEMS to demonstrate compliance 

with the sulfur dioxide emission limit, compliance with the 
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sulfur dioxide emission limit may be demonstrated by using the 

CEMS specified in § 60.2730 to measure sulfur dioxide. CEMS data 

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

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

content. You must calculate a 30-day rolling average of the 1-

hour arithmetic average emission concentrations, including CEMS 

data during startup and shutdown as defined in this subpart, 

using Equation equation 19-19 in section 12.4.1 of EPA Reference 

Method 19 at 40 CFR part 60, appendix A-7. The sulfur dioxide 

CEMS must be operated according to performance specification 2 

in appendix B of this part and must follow the procedures and 

methods specified in this paragraph(s). For sources that have 

actual inlet emissions less than 100 parts per million dry 

volume, the relative accuracy criterion for inlet sulfur dioxide 

CEMS should be no greater than 20 percent of the mean value of 

the reference method test data in terms of the units of the 

emission standard, or 5 parts per million dry volume absolute 

value of the mean difference between the reference method and 

the CEMS, whichever is greater.

(1) During each relative accuracy test run of the CEMS 

required by performance specification 2 in appendix B of this 

part, collect sulfur dioxide and oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60-minute period) with both the 
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CEMS and the test methods specified in paragraphs (s)(1)(i) and 

(ii) of this section.

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

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

reference, see § 60.17) must be used.

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

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

(incorporated by reference, see § 60.17), as applicable, must be 

used.

(2) The span value of the CEMS at the inlet to the sulfur 

dioxide control device must be 125 percent of the maximum 

estimated hourly potential sulfur dioxide emissions of the unit 

subject to this rule. The span value of the CEMS at the outlet 

of the sulfur dioxide control device must be 50 percent of the 

maximum estimated hourly potential sulfur dioxide emissions of 

the unit subject to this rule.

(3) Conduct accuracy determinations quarterly and 

calibration drift tests daily in accordance with procedure 1 in 

appendix F of this part.

(t) For facilities using a CEMS to demonstrate continuous 

compliance with the nitrogen oxides emission limit, compliance 

with the nitrogen oxides emission limit may be demonstrated by 

using the CEMS specified in § 60.2730 to measure nitrogen 

oxides. CEMS data during startup and shutdown, as defined in 
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this subpart, are not corrected to 7 percent oxygen, and are 

measured at stack oxygen content. You must calculate a 30-day 

rolling average of the 1-hour arithmetic average emission 

concentration using Equation equation 19-19 in section 12.4.1 of 

EPA Reference Method 19 at 40 CFR part 60, appendix A-7. The 

nitrogen oxides CEMS must be operated according to performance 

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

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

(t)(5) of this section.

(1) During each relative accuracy test run of the CEMS 

required by performance specification 2 of appendix B of this 

part, collect nitrogen oxides and oxygen (or carbon dioxide) 

data concurrently (or within a 30- to 60-minute period) with 

both the CEMS and the test methods specified in paragraphs 

(t)(1)(i) and (ii) of this section.

(i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 

CFR part 60, appendix A-4 must be used.

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

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

(incorporated by reference, see § 60.17), as applicable, must be 

used.

(2) The span value of the CEMS must be 125 percent of the 

maximum estimated hourly potential nitrogen oxide emissions of 

unit.
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(3) Conduct accuracy determinations quarterly and 

calibration drift tests daily in accordance with procedure 1 in 

appendix F of this part.

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

request that compliance with the nitrogen oxides emission limit 

be determined using carbon dioxide measurements corrected to an 

equivalent of 7 percent oxygen. If carbon dioxide is selected 

for use in diluent corrections, the relationship between oxygen 

and carbon dioxide levels must be established during the initial 

performance test according to the procedures and methods 

specified in paragraphs (t)(4)(i) through (t)(4)(iv) of this 

section. This relationship may be reestablished during 

performance compliance tests.

(i) The fuel factor equation in Method 3B must be used to 

determine the relationship between oxygen and carbon dioxide at 

a sampling location. Method 3A, 3B, or as an alternative 

ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 

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

concentration at the same location as the carbon dioxide 

monitor.

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

hour.

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

(iv) A minimum of 3 runs must be performed.
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(u) For facilities using a continuous emissions monitoring 

system to demonstrate continuous compliance with any of the 

emission limits of this subpart, you must complete the 

following:

(1) Demonstrate compliance with the appropriate emission 

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

average emission concentrations, including CEMS data during 

startup and shutdown, as defined in this subpart, calculated 

using Equation equation 19-19 in section 12.4.1 of EPA Reference 

Method 19 at 40 CFR part 60, appendix A-7. CEMS data during 

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

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

content.

(2) Operate all CEMS in accordance with the applicable 

procedures under appendices B and F of this part.

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

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

, SO2 , and dioxin/furans.

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

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

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

oxygen analyzer system as defined in § 60.2875 according to the 

procedures in paragraphs (w)(1) through (4) of this section.
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(1) The oxygen analyzer system must be installed by the 

initial performance test date specified in § 60.2675.

(2) You must operate the oxygen trim system within 

compliance with paragraph (w)(3) of this section at all times.

(3) You must maintain the oxygen level such that the 30-day 

rolling average that is established as the operating limit for 

oxygen is not below the lowest hourly average oxygen 

concentration measured during the most recent CO performance 

test.

(4) You must calculate and record a 30-day rolling average 

oxygen concentration using Equation equation 19-19 in section 

12.4.1 of EPA Reference Method 19 of Appendix A-7 of this part.

(x) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour and wasteburning kilns, you must install, calibrate, maintain, and 

operate a PM CPMS and record the output of the system as 

specified in paragraphs (x)(1) through (8) of this section. For 

other energy recovery units, you may elect to use PM CPMS 

operated in accordance with this section. PM CPMS are suitable 

in lieu of using other CMS for monitoring PM compliance (e.g., 

bag leak detectors, ESP secondary power, PM scrubber pressure).

(1) Install, calibrate, operate, and maintain your PM CPMS 

according to the procedures in your approved site-specific 
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monitoring plan developed in accordance with § 60.2710paragraphs 

(l) and (x)(1)(i) through (x)(1)(iii) of this section.

(i) The operating principle of the PM CPMS must be based on 

in-stack or extractive light scatter, light scintillation, beta 

attenuation, or mass accumulation of the exhaust gas or 

representative sample. The reportable measurement output from 

the PM CPMS must be expressed as milliamps or the digital signal 

equivalent.

(ii) The PM CPMS must have a cycle time (i.e., period 

required to complete sampling, measurement, and reporting for 

each measurement) no longer than 60 minutes.

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

responding to particulate matter concentrations increments of no 

greater than 0.5 mg/actual cubic meter.

(2) During the initial performance test or any such 

subsequent performance test that demonstrates compliance with 

the PM limit, you must adjust the site-specific operating limit 

in accordance with the results of the performance test according 

to the procedures specified in § 60.2675.

(3) Collect PM CPMS hourly average output data for all 

energy recovery unit or waste-burning kiln operating hours. 

Express the PM CPMS output as milliamps or the digital signal 

equivalent.
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(4) Calculate the arithmetic 30-day rolling average of all 

of the hourly average PM CPMS output collected during all energy 

recovery unit or waste-burning kiln operating hours data 

(milliamps, or digital bits).

(5) You must collect data using the PM CPMS at all times 

the energy recovery unit or waste-burning kiln is operating and 

at the intervals specified in paragraph (x)(1)(ii) of this 

section, except for periods of monitoring system malfunctions, 

repairs associated with monitoring system malfunctions, required 

monitoring system quality assurance or quality control 

activities (including, as applicable, calibration checks and 

required zero and span adjustments), and any scheduled 

maintenance as defined in your site-specific monitoring plan.

(6) You must use all the data collected during all energy 

recovery unit or waste-burning kiln operating hours in assessing 

the compliance with your operating limit except:

(i) Any data collected during monitoring system 

malfunctions, repairs associated with monitoring system 

malfunctions, or required monitoring system quality assurance or 

quality control activities conducted during monitoring system 

malfunctions are not used in calculations (report any such 

periods in your annual deviation report);

(ii) Any data collected during periods when the monitoring 

system is out of control as specified in your site-specific 
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monitoring plan, repairs associated with periods when the 

monitoring system is out of control, or required monitoring 

system quality assurance or quality control activities conducted 

during out-of-control periods are not used in calculations 

(report emissions or operating levels and report any such 

periods in your annual deviation report);

(iii) Any PM CPMS data recorded during periods of CEMS data 

during startup and shutdown, as defined in this subpart.

(7) You must record and make available upon request results 

of PM CPMS system performance audits, as well as the dates and 

duration of periods from when the PM CPMS is out of control 

until completion of the corrective actions necessary to return 

the PM CPMS to operation consistent with your site-specific 

monitoring plan.

(8) For any deviation of the 30-day rolling average PM CPMS 

average value from the established operating parameter limit, 

you must:

(i) Within 48 hours of the deviation, visually inspect the 

air pollution control device;

(ii) If inspection of the air pollution control device 

identifies the cause of the deviation, take corrective action as 

soon as possible and return the PM CPMS measurement to within 

the established value; and
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(iii) Within 30 days of the deviation or at the time of the 

annual compliance test, whichever comes first, conduct a PM 

emissions compliance test to determine compliance with the PM 

emissions limit and to verify. Within 45 days of the deviation, 

you must re-establish the CPMS operating limit. You are not 

required to conduct additional testing for any deviations that 

occur between the time of the original deviation and the PM 

emissions compliance test required under this paragraph.

(iv) PM CPMS deviations leading to more than four required

performance tests in a 12-month process operating period 

(rolling monthly) constitute a violation of this subpart.

(y) When there is an alkali bypass and/or an in-line coal 

mill that exhaust emissions through a separate stack, the 

combined emissions are subject to the emission limits applicable 

to waste-burning kilns. To determine the kiln-specific emission 

limit for demonstrating compliance, you must:

(1) Calculate a kiln-specific emission limit using equation 

6:

Cks = ((Emission limit x (Qab+Qcm+Qks)) –(Qab x Cab) – (Qcm x 

Ccm))/Qks (Eq.6)

Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 

depending on pollutant. Each corrected to 7% O2.)

Qab = Alkali bypass flow rate (volume/hr)
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Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, 

depending on pollutant. Each corrected to 7% O2.)

Qcm = In-line coal mill flow rate (volume/hr)

Ccm = In-line coal mill concentration (ppmvd, mg/dscm, 

ng/dscm, depending on pollutant. Each corrected to 7% O2.)

Qks = Kiln stack flow rate (volume/hr)

(2) Particulate matter concentration must be measured 

downstream of the in-line coal mill. All other pollutant 

concentrations must be measured either upstream or downstream of 

the in-line coal mill.

§ 60.2715 By what date must I conduct the annual performance 

test?

You must conduct annual performance tests between 11 and 13 

months of the previous performance test.

§ 60.2716 By what date must I conduct the annual air pollution 

control device inspection?

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

previous annual air pollution control device inspection), you 

must complete the air pollution control device inspection as 

described in § 60.2706.

§ 60.2720 May I conduct performance testing less often?

(a) You must conduct annual performance tests according to 

the schedule specified in § 60.2715, with the following 

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

to establish new values for the operating limits to apply from 

that point forward, as specified in § 60.2725. The Administrator 

may request a repeat performance test at any time.

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

a process change, as defined in § 60.2875.

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

any pollutant in table 2 or tables 6 through 9 of this subpart, 

as applicable, demonstrates that the emission level for the 

pollutant is no greater than the emission level specified in 

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

applicable, and you are not required to conduct a performance 

test for the pollutant in response to a request by the 

Administrator in paragraph (a)(1) of this section or a process 

change in paragraph (a)(2) of this section, you may elect to 

skip conducting a performance test for the pollutant for the

next 2 years. You must conduct a performance test for the 

pollutant during the third year and no more than 37 months 

following the previous performance test for the pollutant. For 

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

emission levels no greater than their respective emission levels 

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

qualify for less frequent testing under this paragraph.
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(i) For particulate matter, hydrogen chloride, mercury, 

carbon monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, 

and dioxins/furans, the emission level equal to 75 percent of 

the applicable emission limit in table 2 or tables 6 through 9 

of this subpart, as applicable, to this subpart.

(ii) For fugitive emissions, visible emissions (of 

combustion ash from the ash conveying system) for 2 percent of 

the time during each of the three 1-hour observation periods.

(4) If you are conducting less frequent testing for a 

pollutant as provided in paragraph (a)(3) of this section and a 

subsequent performance test for the pollutant indicates that 

your CISWI unit does not meet the emission level specified in 

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

applicable, you must conduct annual performance tests for the 

pollutant according to the schedule specified in paragraph (a) 

of this section until you qualify for less frequent testing for 

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

(b) [Reserved]

§ 60.2725 May I conduct a repeat performance test to establish 

new operating limits?

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

time to establish new values for the operating limits. The 

Administrator may request a repeat performance test at any time.
(Subpart DDDD - eCFR version 9-13-2013)

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

stream is different than the feed streams used during any 

performance test used to demonstrate compliance.

Model Rule—Monitoring

§ 60.2730 What monitoring equipment must I install and what 

parameters must I monitor?

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

emission limitation under § 60.2670, you must install, calibrate 

(to manufacturers' specifications), maintain, and operate 

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

operating parameters used to determine compliance with the 

operating limits listed in table 3 of this subpart. These 

devices (or methods) must measure and record the values for 

these operating parameters at the frequencies indicated in table 

3 of this subpart at all times except as specified in § 

60.2735(a).

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

requirements of this subpart, you must install, calibrate, 

maintain, and continuously operate a bag leak detection system 

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

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

system for each exhaust stack of the fabric filter.
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(2) Each bag leak detection system must be installed, 

operated, calibrated, and maintained in a manner consistent with 

the manufacturer's written specifications and recommendations.

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

manufacturer to be capable of detecting particulate matter 

emissions at concentrations of 10 milligrams per actual cubic 

meter or less.

(4) The bag leak detection system sensor must provide 

output of relative or absolute particulate matter loadings.

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

device to continuously record the output signal from the sensor.

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

alarm system that will alert automatically an operator when an 

increase in relative particulate matter emission over a preset 

level is detected. The alarm must be located where it is 

observed easily by plant operating personnel.

(7) For positive pressure fabric filter systems, a bag leak 

detection system must be installed in each baghouse compartment 

or cell. For negative pressure or induced air fabric filters, 

the bag leak detector must be installed downstream of the fabric 

filter.

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

instrumentation and alarm may be shared among detectors.
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(c) If you are using something other than a wet scrubber, 

activated carbon, selective non-catalytic reduction, an 

electrostatic precipitator, or a dry scrubber to comply with the 

emission limitations under § 60.2670, you must install, 

calibrate (to the manufacturers' specifications), maintain, and 

operate the equipment necessary to monitor compliance with the 

site-specific operating limits established using the procedures 

in § 60.2680.

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

the emission limitations in this subpart, you must measure the 

minimum sorbent flow rate once per hour.

(e) If you use selective noncatalytic reduction to comply 

with the emission limitations, you must complete the following:

(1) Following the date on which the initial performance 

test is completed or is required to be completed under § 

60.2690, whichever date comes first, ensure that the affected 

facility does not operate above the maximum charge rate, or 

below the minimum secondary chamber temperature (if applicable 

to your CISWI unit) or the minimum reagent flow rate measured as 

3-hour block averages at all times.

(2) Operation of the affected facility above the maximum 

charge rate, below the minimum secondary chamber temperature and 

below the minimum reagent flow rate simultaneously constitute a 

violation of the nitrogen oxides emissions limit.
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(f) If you use an electrostatic precipitator to comply with 

the emission limits of this subpart, you must monitor the 

secondary power to the electrostatic precipitator collection 

plates and maintain the 3-hour block averages at or above the 

operating limits established during the mercury or particulate 

matter performance test.

(g) For waste-burning kilns not equipped with a wet 

scrubber or dry scrubber, in place of hydrogen chloride testing 

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

operator must install, calibrate, maintain, and operate a CEMS 

for monitoring hydrogen chloride emissions discharged to the 

atmosphere and record the output of the system. To demonstrate 

continuous compliance with the hydrogen chloride emissions limit 

for units other than waste-burning kilns not equipped with a wet 

scrubber or dry scrubber, a facility may substitute use of a 

hydrogen chloride CEMS for conducting the hydrogen chloride 

annual performance test, monitoring the minimum hydrogen 

chloride sorbent flow rate, monitoring the minimum scrubber 

liquor pH.

(h) To demonstrate continuous compliance with the 

particulate matter emissions limit, a facility may substitute 

use of a particulate matter CEMS for conducting the particulate 

matter annual performance test and other CMS monitoring for PM 
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compliance (e.g., bag leak detectors, ESP secondary power, PM 

scrubber pressure).

(i) To demonstrate continuous compliance with the 

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

continuous automated sampling system for the dioxin/furan annual 

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

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

appendix A-7. This option to use a continuous automated sampling 

system takes effect on the date a final performance 

specification applicable to dioxin/furan from continuous 

monitors is published in the FEDERAL REGISTER. The owner or 

operator who elects to continuously sample dioxin/furan 

emissions instead of sampling and testing using EPA Method 23 at 

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

and operate a continuous automated sampling system and must 

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

facility may substitute continuous dioxin/furan monitoring for 

the minimum sorbent flow rate, if activated carbon sorbent 

injection is used solely for compliance with the dioxin/furan 

emission limit.

(j) To demonstrate continuous compliance with the mercury 

emissions limit, a facility may substitute use of a continuous 

automated sampling system for the mercury annual performance 

test. You must record the output of the system and analyze the 
(Subpart DDDD - eCFR version 9-13-2013)

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sample at set intervals using any suitable determinative 

technique that can meet performance specification 12B criteria. 

This option to use a continuous automated sampling system takes 

effect on the date a final performance specification applicable 

to mercury from monitors is published in the FEDERAL REGISTER. The 

owner or operator who elects to continuously sample mercury 

emissions instead of sampling and testing using EPA Method 29 or 

30B at 40 CFR part 60, appendix A-8, ASTM D6784-02 (Reapproved 

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

alternative method for measuring mercury emissions, must 

install, calibrate, maintain and operate a continuous automated

sampling system and must comply with the requirements specified 

in § 60.58b(p) and (q). A facility may substitute continuous 

mercury monitoring for the minimum sorbent flow rate, if 

activated carbon sorbent injection is used solely for compliance 

with the mercury emission limit.

(k) To demonstrate continuous compliance with the nitrogen 

oxides emissions limit, a facility may substitute use of a 

CEMScontinuous emissions monitoring system for the nitrogen 

oxides annual performance test to demonstrate compliance with 

the nitrogen oxides emissions limits and monitoring the charge 

rate, secondary chamber temperature and reagent flow for 

selective noncatalytic reduction, if applicable.
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(1) Install, calibrate, maintain and operate a continuous 

emission monitoring systemCEMS for measuring nitrogen oxides 

emissions discharged to the atmosphere and record the output of 

the system. The requirements under performance specification 2 

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

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

followed for installation, evaluation and operation of the 

continuous emission monitoring systemCEMS.

(2) Following the date that the initial performance test 

for nitrogen oxides is completed or is required to be completed 

under § 60.2690, compliance with the emission limit for nitrogen 

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

the 30-day rolling average of the hourly emission concentrations 

using continuous emission monitoring systemCEMS outlet data. The 

1-hour arithmetic averages must be expressed in parts per 

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

used to calculate the 30-day rolling average concentrations. 

CEMS data during startup and shutdown, as defined in this 

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

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

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

(l) To demonstrate continuous compliance with the sulfur 

dioxide emissions limit, a facility may substitute use of a 

continuous automated sampling system for the sulfur dioxide 
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annual performance test to demonstrate compliance with the 

sulfur dioxide emissions limits.

(1) Install, calibrate, maintain and operate a CEMS for 

measuring sulfur dioxide emissions discharged to the atmosphere 

and record the output of the system. The requirements under 

performance specification 2 of appendix B of this part, the 

quality assurance requirements of procedure 1 of appendix F of 

this part and the procedures under § 60.13 must be followed for 

installation, evaluation and operation of the CEMS.

(2) Following the date that the initial performance test 

for sulfur dioxide is completed or is required to be completed 

under § 60.2690, compliance with the sulfur dioxide emission 

limit may be determined based on the 30-day rolling average of 

the hourly arithmetic average emission concentrations using CEMS 

outlet data. The 1-hour arithmetic averages must be expressed in 

parts per million corrected to 7 percent oxygen (dry basis) and 

used to calculate the 30-day rolling average emission 

concentrations. CEMS data during startup and shutdown, as 

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

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

averages must be calculated using the data points required under 

§ 60.13(e)(2).

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

than 250 MMBtu/hr annual average heat input rates that do not 
(Subpart DDDD - eCFR version 9-13-2013)

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use a wet scrubber, fabric filter with bag leak detection 

system, or particulate matter CEMS, you must install, operate, 

certify and maintain a continuous opacity monitoring system 

according to the procedures in paragraphs (m)(1) through (5) of 

this section by the compliance date specified in § 60.2670. 

Energy recovery units that use a particulate matter CEMS to 

demonstrate initial and continuing compliance according to the 

procedures in § 60.2730(n) are not required to install a 

continuous opacity monitoring system and must perform the annual 

performance tests for opacity consistent with § 60.2710(f).

(1) Install, operate and maintain each continuous opacity 

monitoring system according to performance specification 1 at 40 

CFR part 60, appendix B.

(2) Conduct a performance evaluation of each continuous 

opacity monitoring system according to the requirements in § 

60.13 and according to performance specification 1 at 40 CFR 

part 60, appendix B.

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

monitoring system must complete a minimum of one cycle of 

sampling and analyzing for each successive 10-second period and 

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

(4) Reduce the continuous opacity monitoring system data as 

specified in § 60.13(h)(1).
(Subpart DDDD - eCFR version 9-13-2013)

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(5) Determine and record all the 6-minute averages (and 1-

hour block averages as applicable) collected.

(n) For coal and liquid/gas energy recovery units, 

incinerators, and small remote incinerators, an owner or 

operator may elect to install, calibrate, maintain and operate a 

CEMS for monitoring particulate matter emissions discharged to 

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

operator of an affected facility who continuously monitors 

particulate matter emissions instead of conducting performance 

testing using EPA Method 5 at 40 CFR part 60, appendix A-3 or, 

as applicable, monitor with a particulate matter CPMS according 

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

maintain and operate a CEMS and must comply with the 

requirements specified in paragraphs (n)(1) through (13) of this 

section.

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

the system.

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

the system.

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

in accordance with the requirements of performance specification 

11 of appendix B of this part and quality assurance requirements 

of procedure 2 of appendix F of this part and § 60.13.
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(4) The initial performance evaluation must be completed no 

later than 180 days after the final compliance date for meeting 

the amended emission limitations, as specified under § 60.2690 

or within 180 days of notification to the Administrator of use 

of the continuous monitoring system if the owner or operator was 

previously determining compliance by Method 5 at 40 CFR part 60, 

appendix A-3 performance tests, whichever is later.

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

request that compliance with the particulate matter emission 

limit be determined using carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. The relationship between 

oxygen and carbon dioxide levels for the affected facility must 

be established according to the procedures and methods specified 

in § 60.2710(s)(5)(i) through (s)(5)(iv).

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

conduct an initial performance test for particulate matter 

emissions as required under § 60.2690. Compliance with the 

particulate matter emission limit, if PM CEMS are elected for 

demonstrating compliance, must be determined by using the CEMS 

specified in paragraph (n) of this section to measure 

particulate matter. You must calculate a 30-day rolling average 

of 1-hour arithmetic average emission concentrations, including 

CEMS data during startup and shutdown, as defined in this 

subpart, using Equation equation 19-19 in section 12.4.1 of EPA 
(Subpart DDDD - eCFR version 9-13-2013)

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Reference Method 19 at 40 CFR part 60, appendix A-7 of this 

part.

(7) Compliance with the particulate matter emission limit 

must be determined based on the 30-day rolling average 

calculated using Equation equation 19-19 in section 12.4.1 of 

EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of the 

part from the 1-hour arithmetic average of the CEMS outlet data.

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

averages must be obtained as specified § 60.2735.

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

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

standard cubic meter corrected to 7 percent oxygen (or carbon 

dioxide)(dry basis) and must be used to calculate the 30-day 

rolling average emission concentrations. CEMS data during 

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

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

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

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

(10) All valid CEMS data must be used in calculating 

average emission concentrations even if the minimum CEMS data 

requirements of paragraph (n)(8) of this section are not met.

(11) The CEMS must be operated according to performance 

specification 11 in appendix B of this part.
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(12) During each relative accuracy test run of the CEMS 

required by performance specification 11 in appendix B of this 

part, particulate matter and oxygen (or carbon dioxide) data 

must be collected concurrently (or within a 30-to 60-minute 

period) by both the CEMS and the following test methods.

(i) For particulate matter, EPA Reference Method 5 at 40 

CFR part 60, appendix A-3 must be used.

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

3A or 3B at 40 CFR part 60, appendix A-2, as applicable, must be 

used.

(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance with 

procedure 2 in appendix F of this part.

(o) To demonstrate continuous compliance with the carbon 

monoxide emissions limit, a facility may substitute use of a 

continuous automated sampling system for the carbon monoxide 

annual performance test to demonstrate compliance with the 

carbon monoxide emissions limits.

(1) Install, calibrate, maintain, and operate a CEMS for 

measuring carbon monoxide emissions discharged to the atmosphere 

and record the output of the system. The requirements under 

performance specification 4B of appendix B of this part, the 

quality assurance procedure 1 of appendix F of this part and the 
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procedures under § 60.13 must be followed for installation, 

evaluation, and operation of the CEMS.

(2) Following the date that the initial performance test 

for carbon monoxide is completed or is required to be completed 

under § 60.2690, compliance with the carbon monoxide emission 

limit may be determined based on the 30-day rolling average of 

the hourly arithmetic average emission concentrations, including 

CEMS data during startup and shutdown as defined in this 

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

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

arithmetic averages must be expressed in parts per million 

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

the 30-day rolling average emission concentrations. CEMS data 

collected during startup or shutdown, as defined in this 

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

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

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

(p) The owner/operator of an affected source with a bypass 

stack shall install, calibrate (to manufacturers' 

specifications), maintain and operate a device or method for 

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

duration.

(q) For energy recovery units with a heat input capacity of 

100 MMBtu per hour or greater that do not use a carbon monoxide 
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continuous emission monitoring systemCEMS, you must install, 

operate and maintain the continuous oxygen monitoring system as 

defined in § 60.2875 according to the procedures in paragraphs 

(q)(1) through (4) of this section by the compliance date 

specified in table 1 of this subpart. The oxygen level shall be 

monitored at the outlet of the energy recovery unit.

(1) Each monitorThe oxygen analyzer system must be 

installed by the initial performance test date specified in § 

60.2675., operated, and maintained according to the applicable 

procedures under performance specification 3 of appendix B of 

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

this part, the procedures under § 60.13 and according to the 

site-specific monitoring plan developed according to paragraph 

(l) of this section.

(2) You must operate the oxygen trim system within 

compliance with paragraph (q)(3) of this section at all 

times.During each relative accuracy test run of the continuous 

emission monitoring system required by performance specification 

3 of appendix B of this part, oxygen data must be collected 

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

continuous emission monitor and the test methods specified in 

paragraphs (w)(3) of this section.

(3) You must maintain the oxygen level such that the 30-day 

rolling average that is established as the operating limit for 
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oxygen according to paragraph (q)(4) of this section is not 

below the lowest hourly average oxygen concentration measured 

during the most recent CO performance test.For oxygen, EPA 

Reference Method 3A or 3B, or as an alternative ANSI/ASME PTC 

19.10-1981 (incorporated by reference, see § 60.17), as 

applicable, must be used.

(4) You must calculate and record a 30-day rolling average 

oxygen concentration using Equation equation 19-19 in section 

12.4.1 of EPA Reference Method 19 of Appendix A-7 of this part. 

The 1-hour arithmetic averages must be calculated using the 

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

(r) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour and wasteburning kilns, you must install, calibrate, maintain, and 

operate a PM CPMS and record the output of the system as 

specified in paragraphs (r)(1) through (8) of this section. For 

other energy recovery units, you may elect to use PM CPMS 

operated in accordance with this section. PM CPMS are suitable 

in lieu of using other CMS for monitoring PM compliance (e.g., 

bag leak detectors, ESP secondary power, PM scrubber pressure).

(1) Install, calibrate, operate, and maintain your PM CPMS 

according to the procedures in your approved site-specific 

monitoring plan developed in accordance with § 60.2710(l) and 

(r)(1)(i) through (iii) of this section.
(Subpart DDDD - eCFR version 9-13-2013)

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(i) The operating principle of the PM CPMS must be based on 

in-stack or extractive light scatter, light scintillation, beta 

attenuation, or mass accumulation of the exhaust gas or 

representative sample. The reportable measurement output from 

the PM CPMS must be expressed as milliamps or the digital signal 

equivalent.

(ii) The PM CPMS must have a cycle time (i.e., period 

required to complete sampling, measurement, and reporting for 

each measurement) no longer than 60 minutes.

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

responding to particulate matter concentrations increments of no 

greater than 0.5 mg/actual cubic meter.

(2) During the initial performance test or any such 

subsequent performance test that demonstrates compliance with 

the PM limit, you must adjust the site-specific operating limit 

in accordance with the results of the performance test according 

to the procedures specified in § 60.2675.

(3) Collect PM CPMS hourly average output data for all 

energy recovery unit or waste-burning kiln operating hours. 

Express the PM CPMS output as milliamps or the digital signal 

equivalent..

(4) Calculate the arithmetic 30-day rolling average of all 

of the hourly average PM CPMS output collected during all energy 
(Subpart DDDD - eCFR version 9-13-2013)

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recovery unit or waste-burning kiln operating hours data 

(milliamps, or the digital signal equivalent).

(5) You must collect data using the PM CPMS at all times 

the energy recovery unit or waste-burning kiln is operating and 

at the intervals specified in paragraph (r)(1)(ii) of this 

section, except for periods of monitoring system malfunctions, 

repairs associated with monitoring system malfunctions, required 

monitoring system quality assurance or quality control 

activities (including, as applicable, calibration checks and 

required zero and span adjustments), and any scheduled 

maintenance as defined in your site-specific monitoring plan.

(6) You must use all the data collected during all energy 

recovery unit or waste-burning kiln operating hours in assessing 

the compliance with your operating limit except:

(i) Any data collected during monitoring system 

malfunctions, repairs associated with monitoring system 

malfunctions, or required monitoring system quality assurance or 

quality control activities conducted during monitoring system 

malfunctions are not used in calculations (report any such 

periods in your annual deviation report);

(ii) Any data collected during periods when the monitoring 

system is out of control as specified in your site-specific 

monitoring plan, repairs associated with periods when the 

monitoring system is out of control, or required monitoring 
(Subpart DDDD - eCFR version 9-13-2013)

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system quality assurance or quality control activities conducted 

during out-of-control periods are not used in calculations 

(report emissions or operating levels and report any such 

periods in your annual deviation report);

(iii) Any PM CPMS data recorded during periods of CEMS data 

during startup and shutdown, as defined in this subpart.

(7) You must record and make available upon request results 

of PM CPMS system performance audits, as well as the dates and 

duration of periods from when the PM CPMS is out of control 

until completion of the corrective actions necessary to return 

the PM CPMS to operation consistent with your site-specific 

monitoring plan.

(8) For any deviation of the 30-day rolling average PM CPMS 

average value from the established operating parameter limit, 

you must:

(i) Within 48 hours of the deviation, visually inspect the 

air pollution control device;

(ii) If inspection of the air pollution control device 

identifies the cause of the deviation, take corrective action as 

soon as possible and return the PM CPMS measurement to within 

the established value; and

(iii) Within 30 days of the deviation or at the time of the 

annual compliance test, whichever comes first, conduct a PM 

emissions compliance test to determine compliance with the PM 
(Subpart DDDD - eCFR version 9-13-2013)

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emissions limit and to verify the operation of the emissions 

control device(s) . Within 45 days of the deviation, you must 

re-establish the CPMS operating limit. You are not required to 

conduct additional testing for any deviations that occur between 

the time of the original deviation and the PM emissions 

compliance test required under this paragraph.

(iv) PM CPMS deviations leading to more than four required 

performance tests in a 12-month process operating period 

(rolling monthly) constitute a violation of this subpart.

(s) If you use a dry scrubber to comply with the emission 

limits of this subpart, you must monitor the injection rate of 

each sorbent and maintain the 3-hour block averages at or above 

the operating limits established during the hydrogen chloride 

performance test.

[65 FR 75362, Dec. 1, 2000, as amended at 76 FR 15777, Mar. 21, 2011; 78 FR 9201, 

Feb. 7, 2013]

EDITORIAL NOTE: At 78 FR 9201, Feb. 7, 2013, § 60.2730 was amended by revising 

(o)(9); however, the amendment could not be incorporated because (o)(9) doesn't exist.

§ 60.2735 Is there a minimum amount of monitoring data I must 

obtain?

For each continuous monitoring system required or 

optionally allowed under § 60.2730, you must monitor and collect 

data according to this section:
(Subpart DDDD - eCFR version 9-13-2013)

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

at all required intervals at all times compliance is required 

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

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

60.2770(o) of this part), and required monitoring system quality 

assurance or quality control activities including, as 

applicable, calibration checks and required zero and span 

adjustments. A monitoring system malfunction is any sudden, 

infrequent, not reasonably preventable failure of the monitoring 

system to provide valid data. Monitoring system failures that 

are caused in part by poor maintenance or careless operation are 

not malfunctions. You are required to effect monitoring system 

repairs in response to monitoring system malfunctions or out-ofcontrol periods and to return the monitoring system to operation 

as expeditiously as practicable.

(b) You may not use data recorded during the monitoring 

system malfunctions, repairs associated with monitoring system 

malfunctions or out-of control periods, or required monitoring 

system quality assurance or control activities in calculations 

used to report emissions or operating levels. You must use all 

the data collected during all other periods in assessing the 

operation of the control device and associated control system.
(Subpart DDDD - eCFR version 9-13-2013)

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(c) Except for periods of monitoring system malfunctions or 

out-of-control periods, repairs associated with monitoring 

system malfunctions or out-of-control periods, and required 

monitoring system quality assurance or quality control 

activities including, as applicable, calibration checks and 

required zero and span adjustments, failure to collect required 

data is a deviation of the monitoring requirements.

Model Rule—Recordkeeping and Reporting

§ 60.2740 What records must I keep?

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

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

period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in paragraphs (b)(1) 

through (6) of this section:

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

charge rates.

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

minutes of operation, as applicable.

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

minutes of operation or amperage to the wet scrubber every 15 

minutes of operation, as applicable.

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

minutes of operation, as applicable.
(Subpart DDDD - eCFR version 9-13-2013)

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(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under § 60.2675(d) 

through (g) or § 60.2680, you must maintain data collected for 

all operating parameters used to determine compliance with the 

operating limits. For energy recovery units using activated 

carbon injection or a dry scrubber, you must also maintain 

records of the load fraction and corresponding sorbent injection 

rate records.

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

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

each alarm and the time corrective action was initiated and 

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

the corrective action taken. You must also record the percent of 

operating time during each 6-month period that the alarm sounds, 

calculated as specified in § 60.2675(c).

(c)-(d) [Reserved]

(e) Identification of calendar dates and times for which 

data show a deviation from the operating limits in table 3 of 

this subpart or a deviation from other operating limits 

established under § 60.2675(d) through (g) or § 60.2680 with a 

description of the deviations, reasons for such deviations, and 

a description of corrective actions taken.

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

performance tests conducted to determine compliance with the 
(Subpart DDDD - eCFR version 9-13-2013)

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emission limits and/or to establish operating limits, as 

applicable. Retain a copy of the complete test report including 

calculations.

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

have completed review of the information in § 60.2660(a) as 

required by § 60.2660(b), including the date of the initial 

review and all subsequent annual reviews.

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

have completed the operator training requirements under § 

60.2635, met the criteria for qualification under § 60.2645, and 

maintained or renewed their qualification under § 60.2650 or § 

60.2655. Records must include documentation of training, the 

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

their qualification and all subsequent renewals of such 

qualifications.

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

number at which they can be reached during operating hours.

(j) Records of calibration of any monitoring devices as 

required under § 60.2730.

(k) Equipment vendor specifications and related operation 

and maintenance requirements for the incinerator, emission 

controls, and monitoring equipment.

(l) The information listed in § 60.2660(a).
(Subpart DDDD - eCFR version 9-13-2013)

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

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

(n) Maintain records of the annual air pollution control 

device inspections that are required for each CISWI unit subject 

to the emissions limits in table 2 of this subpart or tables 6 

through 9 of this subpart, any required maintenance and any 

repairs not completed within 10 days of an inspection or the 

timeframe established by the state regulatory agency.

(o) For continuously monitored pollutants or parameters, 

you must document and keep a record of the following parameters 

measured using continuous monitoring systems.

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur dioxide 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(3) All 1-hour average concentrations of nitrogen oxides 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(4) All 1-hour average concentrations of carbon monoxide 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

(5) All 1-hour average concentrations of particulate matter 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.
(Subpart DDDD - eCFR version 9-13-2013)

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(6) All 1-hour average concentrations of mercury emissions. 

You must indicate which data are CEMS data during startup and 

shutdown.

(7) All 1-hour average concentrations of hydrogen chloride 

emissions. You must indicate which data are CEMS data during 

startup and shutdown.

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

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

matter CEMS outputs.

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

dates, times and durations.

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

annually, consistent with § 60.2720(a) through (c), you must 

keep annual records that document that your emissions in the 

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

applicable emission limit and document that there was no change 

in source operations including fuel composition and operation of 

air pollution control equipment that would cause emissions of 

the relevant pollutant to increase within the past year.

(r) Records of the occurrence and duration of each 

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

pollution control and monitoring equipment.

(s) Records of all required maintenance performed on the 

air pollution control and monitoring equipment.
(Subpart DDDD - eCFR version 9-13-2013)

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(t) Records of actions taken during periods of malfunction 

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

corrective actions to restore malfunctioning process and air 

pollution control and monitoring equipment to its normal or 

usual manner of operation.

(u) For operating units that combust non-hazardous 

secondary materials that have been determined not to be solid 

waste pursuant to § 241.3(b)(1), you must keep a record which 

documents how the secondary material meets each of the 

legitimacy criteria under § 241.3(d)(1). If you combust a fuel 

that has been processed from a discarded non-hazardous secondary 

material pursuant to § 241.3(b)(4), you must keep records as to 

how the operations that produced the fuel satisfies the 

definition of processing in § 241.2 and each of the legitimacy 

criteria in § 241.3(d)(1) of this chapter. If the fuel received 

a non-waste determination pursuant to the petition process 

submitted under § 241.3(c), you must keep a record that 

documents how the fuel satisfies the requirements of the 

petition process. For operating units that combust non-hazardous 

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

documenting that the material is a listed non-waste under § 

241.4(a).

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

qualifies as a small power production facility under section 
(Subpart DDDD - eCFR version 9-13-2013)

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

that the waste material the unit is proposed to burn is 

homogeneous.

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

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

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

material the unit is proposed to burn is homogeneous.

§ 60.2745 Where and in what format must I keep my records?

All records must be available onsite in either paper copy 

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

unless an alternative format is approved by the Administrator.

§ 60.2750 What reports must I submit?

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

requirements.

§ 60.2755 When must I submit my waste management plan?

You must submit the waste management plan no later than the 

date specified in table 1 of this subpart for submittal of the 

final control plan.

§ 60.2760 What information must I submit following my initial 

performance test?

You must submit the information specified in paragraphs (a) 

through (c) of this section no later than 60 days following the 

initial performance test. All reports must be signed by the 

facilities manager.
(Subpart DDDD - eCFR version 9-13-2013)

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(a) The complete test report for the initial performance 

test results obtained under § 60.2700, as applicable.

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

established in § 60.2675 or § 60.2680.

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

emission limitations, documentation that a bag leak detection 

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

maintained as required by § 60.2730(b).

§ 60.2765 When must I submit my annual report?

You must submit an annual report no later than 12 months 

following the submission of the information in § 60.2760. You 

must submit subsequent reports no more than 12 months following 

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

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

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

§ 60.2770 What information must I include in my annual report?

The annual report required under § 60.2765 must include the 

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

If you have a deviation from the operating limits or the 

emission limitations, you must also submit deviation reports as 

specified in §§ 60.2775, 60.2780, and 60.2785.

(a) Company name and address.
(Subpart DDDD - eCFR version 9-13-2013)

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(b) Statement by a responsible official, with that 

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

of the content of the report.

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

reporting period.

(d) The values for the operating limits established 

pursuant to § 60.2675 or § 60.2680.

(e) If no deviation from any emission limitation or 

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting period.

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

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

parameter recorded for the calendar year being reported.

(g) Information recorded under § 60.2740(b)(6) and (c) 

through (e) for the calendar year being reported.

(h) If aFor each performance test was conducted during the 

reporting period, if any performance test is conducted, the 

process unit(s) tested, the pollutant(s) tested and the date 

that such performance test was conducted. Submit, following the 

procedure specified in §60.2795(b)(1), the performance test 

report no later than the date that you submit the annual report.

the results of that test.
(Subpart DDDD - eCFR version 9-13-2013)

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(i) If you met the requirements of § 60.2720(a) or (b), and 

did not conduct a performance test during the reporting period, 

you must state that you met the requirements of § 60.2720(a) or 

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

performance test during the reporting period.

(j) Documentation of periods when all qualified CISWI unit 

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

2 weeks.

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

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

brief description for each type of malfunction that occurred 

during the reporting period and that caused or may have caused 

any applicable emission limitation to be exceeded. The report 

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

operator during a malfunction of an affected source to minimize 

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

to correct a malfunction.

(l) For each deviation from an emission or operating 

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

using a CMS to comply with the emission or operating limitations 

in this subpart, the annual report must contain the following 

information.

(1) The total operating time of the CISWI unit at which the 

deviation occurred during the reporting period.
(Subpart DDDD - eCFR version 9-13-2013)

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

deviations (including unknown cause, if applicable), as 

applicable, and the corrective action taken.

(m) If there were periods during which the continuous 

monitoring system, including the CEMS, was out of control as 

specified in paragraph (o) of this section, the annual report 

must contain the following information for each deviation from 

an emission or operating limitation occurring for a CISWI unit 

for which you are using a continuous monitoring system to comply 

with the emission and operating limitations in this subpart.

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

stopped.

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

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

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

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

dates and hours and descriptions of corrective actions taken.

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

stopped, and whether each deviation occurred during a period of 

malfunction or during another period.

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

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

total source operating time during that reporting period.
(Subpart DDDD - eCFR version 9-13-2013)

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

during the reporting period into those that are due to control 

equipment problems, process problems, other known causes, and 

other unknown causes.

(7) A summary of the total duration of continuous 

monitoring system downtime during the reporting period, and the 

total duration of continuous monitoring system downtime as a 

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

the continuous monitoring system downtime occurred during that 

reporting period.

(8) An identification of each parameter and pollutant that 

was monitored at the CISWI unit.

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring 

system.

(11) The date of the latest continuous monitoring system 

certification or audit.

(12) A description of any changes in continuous monitoring 

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

(n) If there were periods during which the continuous 

monitoring system, including the CEMS, was not out of control as 

specified in paragraph (o) of this section, a statement that 

there were not periods during which the continuous monitoring 

system was out of control during the reporting period.
(Subpart DDDD - eCFR version 9-13-2013)

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(o) A continuous monitoring system is out of control if any 

of the following occur.

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

high-level calibration drift exceeds two times the applicable 

calibration drift specification in the applicable performance 

specification or in the relevant standard.

(2) The continuous monitoring system fails a performance 

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

relative accuracy test audit, or linearity test audit.

(3) The continuous opacity monitoring system calibration 

drift exceeds two times the limit in the applicable performance 

specification in the relevant standard.

(p) For energy recovery units, include the annual heat 

input and average annual heat input rate of all fuels being 

burned in the unit to verify which subcategory of energy 

recovery unit applies.

§ 60.2775 What else must I report if I have a deviation from the 

operating limits or the emission limitations?

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

hour average parameter level is above the maximum operating 

limit or below the minimum operating limit established under 

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

more than 5 percent of the operating time for the 6-month 
(Subpart DDDD - eCFR version 9-13-2013)

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reporting period, or if a performance test was conducted that 

deviated from any emission limitation.

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

that year for data collected during the first half of the 

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

following year for data you collected during the second half of 

the calendar year (July 1 to December 31).

§ 60.2780 What must I include in the deviation report?

In each report required under § 60.2775, for any pollutant 

or parameter that deviated from the emission limitations or 

operating limits specified in this subpart, include the foursix

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

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

the emission limitations or operating limit requirements.

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

(c) Durations and causes of the following:

(1) Each deviation from emission limitations or operating 

limits and your corrective actions.

(2) Bypass events and your corrective actions.

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

each deviation and for any test report that documents the 

emission levels the process unit(s) tested, the pollutant(s) 

tested and the date that the performance test was conducted.

Submit, following the procedure specified in §60.2795(b)(1), the 
(Subpart DDDD - eCFR version 9-13-2013)

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performance test report no later than the date that you submit 

the deviation report.

§ 60.2785 What else must I report if I have a deviation from the 

requirement to have a qualified operator accessible?

(a) If all qualified operators are not accessible for 2 

weeks or more, you must take the two actions in paragraphs 

(a)(1) and (2) of this section.

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

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

(iii) of this section.

(i) A statement of what caused the deviation.

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

qualified operator is accessible.

(iii) The date when you anticipate that a qualified 

operator will be available.

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

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

through (iii) of this section.

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

qualified operator is accessible.

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

will be accessible.

(iii) Request approval from the Administrator to continue 

operation of the CISWI unit.
(Subpart DDDD - eCFR version 9-13-2013)

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

the provisions of § 60.2665(b)(2), due to a failure to provide 

an accessible qualified operator, you must notify the 

Administrator that you are resuming operation once a qualified 

operator is accessible.

§ 60.2790 Are there any other notifications or reports that I 

must submit?

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

60.7.

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

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

date of the waste-to-fuel switch, consistent with § 60.2710(a). 

The notification must identify:

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

the location of the source, the emissions unit(s) that will 

cease burning solid waste, and the date of the notice;

(2) The currently applicable subcategory under this 

subpart, and any 40 CFR part 63 subpart and subcategory that 

will be applicable after you cease combusting solid waste;

(3) The fuel(s), non-waste material(s) and solid waste(s) 

the CISWI unit is currently combusting and has combusted over 

the past 6 months, and the fuel(s) or non-waste materials the 

unit will commence combusting;
(Subpart DDDD - eCFR version 9-13-2013)

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(4) The date on which you became subject to the currently 

applicable emission limits;

(5) The date upon which you will cease combusting solid 

waste, and the date (if different) that you intend for any new 

requirements to become applicable (i.e., the effective date of 

the waste-to-fuel switch), consistent with paragraphs (b)(2) and 

(3)of this section.

§ 60.2795 In what form can I submit my reports?

(a) Submit initial, annual and deviation reports 

electronically on or before the submittal due dates. Submit the 

reports to the EPA via the Compliance and Emissions Data 

Reporting Interface (CEDRI). (CEDRI can be accessed through the 

EPA’s Central Data Exchange (CDX) 

(http://cdx.epa.gov/epa_home.asp).) Use the appropriate 

electronic report in CEDRI for this subpart. Instead of using 

the electronic report in CEDRI for this subpart, you may submit

an alternate electronic file format consistent with the 

extensible markup language (XML) schema listed on the CEDRI 

website (http://www.epa.gov/ttn/chief/cedri/index.html), once 

the XML schema is available. If the reporting form specific to 

this subpart is not available in CEDRI at the time that the 

report is due, submit the report to the Administrator at the 

appropriate address listed in §60.4. Begin submitting reports 

via CEDRI no later than 90 days after the form becomes available 
(Subpart DDDD - eCFR version 9-13-2013)

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in CEDRI. The reports must be submitted by the deadlines 

specified in this subpart, regardless of the method in which the 

report is submitted.

(b) Submit results of each performance test and CEMS 

performance evaluation required by this subpart as follows.

(1) Within 60 days after the date of completing each 

performance test (see §60.8), submit the results of the 

performance test following the procedure specified in either 

paragraph (b)(1)(i) or (b)(1)(ii) of this section.

(i) For data collected using test methods supported by the 

EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT 

website (http://www.epa.gov/ttn/chief/ert/index.html) at the 

time of the test, submit the results of the performance test to 

the EPA via the CEDRI. (CEDRI can be accessed through the EPA’s 

CDX.) Performance test data must be submitted in a file format 

generated through the use of the EPA’s ERT. Instead of 

submitting performance test data in a file format generated 

through the use of the EPA’s ERT, you may submit an alternate 

electronic file format consistent with the XML schema listed on 

the EPA’s ERT website, once the XML schema is available. If you 

claim that some of the performance test information being 

submitted is confidential business information (CBI), submit a 

complete file generated through the use of the EPA’s ERT (or an 

alternate electronic file consistent with the XML schema listed 
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on the EPA’s ERT website once the XML schema is available), 

including information claimed to be CBI, on a compact disc, 

flash drive, or other commonly used electronic storage media to 

the EPA. The electronic media must be clearly marked as CBI and 

mailed to U.S. EPA/OAPQS/CORE CBI Office, c/o OAQPS Document 

Control Officer (Room C404-02), U.S. Environmental Protection 

Agency, Research Triangle Park, North Carolina 27711, Attention: 

WebFIRE Administrator. The same ERT or alternate file with the 

CBI omitted must be submitted to the EPA via the EPA’s CDX as 

described earlier in this paragraph. 

(ii) For data collected using test methods that are not 

supported by the EPA’s ERT as listed on the EPA’s ERT website at 

the time of the test, submit the results of the performance test 

to the Administrator at the appropriate address listed in §60.4.

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

performance evaluation, submit the results of the performance 

evaluation following the procedure specified in either paragraph 

(b)(2)(i) or (b)(2)(ii) of this section. 

(i) For performance evaluations of continuous monitoring 

systems measuring relative accuracy test audit (RATA) pollutants 

that are supported by the EPA’s ERT as listed on the EPA’s ERT 

website at the time of the test, submit the results of the 

performance evaluation to the EPA via the CEDRI. (CEDRI can be 

accessed through the EPA’s CDX.) Performance evaluation data 
(Subpart DDDD - eCFR version 9-13-2013)

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must be submitted in a file format generated through the use of 

the EPA’s ERT. Instead of submitting performance evaluation data 

in a file format generated through the use of the EPA’s ERT, you 

may submit an alternate electronic file format consistent with 

the XML schema listed on the EPA’s ERT website, once the XML 

schema is available. If you claim that some of the performance 

evaluation information being submitted is CBI, submit a complete 

file generated through the use of the EPA’s ERT (or an alternate 

electronic file consistent with the XML schema listed on the 

EPA’s ERT website once the XML schema is available), including 

information claimed to be CBI, on a compact disc, flash drive, 

or other commonly used electronic storage media to the EPA. The 

electronic media must be clearly marked as CBI and mailed to 

U.S. EPA/OAPQS/CORE CBI Office, c/o OAQPS Document Control 

Officer (Room C404-02), U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 27711, Attention: WebFIRE 

Administrator. The same ERT or alternate file with the CBI 

omitted must be submitted to the EPA via the EPA’s CDX as 

described earlier in this paragraph.

(ii) For any performance evaluations of continuous 

monitoring systems measuring RATA pollutants that are not 

supported by the EPA’s ERT as listed on the EPA’s ERT website at 

the time of the test, submit the results of the performance 
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evaluation to the Administrator at the appropriate address 

listed in §60.4.

(c) All information required in this subpart to be 

submitted to the EPA must also be submitted in paper format to 

the appropriate state, local or tribal agency unless the state, 

local or tribal agency specifies another format. Information 

submitted in paper format must be postmarked no later than the 

date that the report is required to be submitted to the EPA’s 

CDX electronically. Any information required to be submitted 

electronically to the EPA’s CDX may, at the discretion of the

state, local or tribal agency, satisfy the requirements of this 

paragraph.

(a) Submit initial, annual, and deviation reports 

electronically or in paper format, postmarked on or before the 

submittal due dates.

(b) Submit results of performance tests and CEMS 

performance evaluation tests as follows.

(1) Within 60 days after the date of completing each 

performance test as required by this subpart, you must submit 

the results of the performance tests required by this subpart to 

EPA's WebFIRE database by using the Compliance and Emissions 

Data Reporting Interface (CEDRI) that is accessed through EPA's 

Central Data Exchange (CDX)(www.epa.gov/cdx ). Performance test 

data must be submitted in the file format generated through use 
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of EPA's Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/index.html ). Only data 

collected using test methods on the ERT Web site are subject to 

this requirement for submitting reports electronically to 

WebFIRE. Owners or operators who claim that some of the 

information being submitted for performance tests is 

confidential business information (CBI) must submit a complete 

ERT file including information claimed to be CBI on a compact 

disk, flash drive, or other commonly used electronic storage 

media to EPA. The electronic media must be clearly marked as CBI 

and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 

Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. 

The same ERT file with the CBI omitted must be submitted to EPA 

via CDX as described earlier in this paragraph. At the 

discretion of the delegated authority, you must also submit 

these reports, including the confidential business information,

to the delegated authority in the format specified by the 

delegated authority. For any performance test conducted using 

test methods that are not listed on the ERT Web site, the owner 

or operator shall submit the results of the performance test in 

paper submissions to the Administrator.

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

performance evaluation test, as defined in this subpart and 

required by this subpart, you must submit the relative accuracy 
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test audit (RATA) data electronically into EPA's Central Data 

Exchange by using CEDRI as mentioned in paragraph (b)(1) of this 

section. Only RATA pollutants that can be documented with the 

ERT (as listed on the ERT Web site) are subject to this 

requirement. For any performance evaluations with no

corresponding RATA pollutants listed on the ERT Web site, the 

owner or operator shall submit the results of the performance 

evaluation in paper submissions to the Administrator.

§ 60.2800 Can reporting dates be changed?

If the Administrator agrees, you may change the semiannual 

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

approval to change your reporting date.

Model Rule—Title V Operating Permits

§ 60.2805 Am I required to apply for and obtain a Title V 

operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator subject to 

standards under this subpart must operate pursuant to a permit 

issued under Clean Air Act sections 129(e) and Title V.

Model Rule—Air Curtain Incinerators

§ 60.2810 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully 

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

in which combustion occurs. Incinerators of this type can be 

constructed above or below ground and with or without refractory 
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walls and floor. (Air curtain incinerators are not to be 

confused with conventional combustion devices with enclosed 

fireboxes and controlled air technology such as mass burn, 

modular, and fluidized bed combustors.)

(b) Air curtain incinerators that burn only the materials 

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

required to meet the requirements under § 60.2805 and under “Air 

Curtain Incinerators” (§§ 60.2810 through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

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

and/or yard waste.

§ 60.2815 What are my requirements for meeting increments of 

progress and achieving final compliance?

If you plan to achieve compliance more than 1 year 

following the effective date of State state plan approval, you 

must meet the two increments of progress specified in paragraphs 

(a) and (b) of this section.

(a) Submit a final control plan.

(b) Achieve final compliance.

§ 60.2820 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for each 

of the increments of progress.
(Subpart DDDD - eCFR version 9-13-2013)

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§ 60.2825 What must I include in the notifications of 

achievement of increments of progress?

Your notification of achievement of increments of progress 

must include the three items described in paragraphs (a) through 

(c) of this section.

(a) Notification that the increment of progress has been 

achieved.

(b) Any items required to be submitted with each increment 

of progress (see § 60.2840).

(c) Signature of the owner or operator of the incinerator.

§ 60.2830 When must I submit the notifications of achievement of 

increments of progress?

Notifications for achieving increments of progress must be 

postmarked no later than 10 business days after the compliance 

date for the increment.

§ 60.2835 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must 

submit a notification to the Administrator postmarked within 10 

business days after the date for that increment of progress in 

table 1 of this subpart. You must inform the Administrator that 

you did not meet the increment, and you must continue to submit 

reports each subsequent calendar month until the increment of 

progress is met.
(Subpart DDDD - eCFR version 9-13-2013)

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§ 60.2840 How do I comply with the increment of progress for 

submittal of a control plan?

For your control plan increment of progress, you must 

satisfy the two requirements specified in paragraphs (a) and (b) 

of this section.

(a) Submit the final control plan, including a description 

of any devices for air pollution control and any process changes 

that you will use to comply with the emission limitations and 

other requirements of this subpart.

(b) Maintain an onsite copy of the final control plan.

§ 60.2845 How do I comply with the increment of progress for 

achieving final compliance?

For the final compliance increment of progress, you must 

complete all process changes and retrofit construction of 

control devices, as specified in the final control plan, so 

that, if the affected incinerator is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed.

§ 60.2850 What must I do if I close my air curtain incinerator 

and then restart it?

(a) If you close your incinerator but will reopen it prior 

to the final compliance date in your State state plan, you must 

meet the increments of progress specified in § 60.2815.
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(b) If you close your incinerator but will restart it after 

your final compliance date, you must complete emission control 

retrofits and meet the emission limitations on the date your 

incinerator restarts operation.

§ 60.2855 What must I do if I plan to permanently close my air 

curtain incinerator and not restart it?

If you plan to close your incinerator rather than comply 

with the State state plan, submit a closure notification, 

including the date of closure, to the Administrator by the date 

your final control plan is due.

§ 60.2860 What are the emission limitations for air curtain 

incinerators?

After the date the initial stack test is required or 

completed (whichever is earlier), you must meet the limitations 

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

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

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

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

described in paragraph (b) of this section.

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

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

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

startup period that is within the first 30 minutes of operation.
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§ 60.2865 How must I monitor opacity for air curtain 

incinerators?

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

compliance with the opacity limitation.

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

60.8 no later than 180 days after your final compliance date.

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

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

previous test.

§ 60.2870 What are the recordkeeping and reporting requirements 

for air curtain incinerators?

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

opacity tests onsite in either paper copy or electronic format, 

unless the Administrator approves another format, for at least 5 

years.

(b) Make all records available for submittal to the 

Administrator or for an inspector's onsite review.

(c) Submit an initial report no later than 60 days 

following the initial opacity test that includes the information 

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

(1) The types of materials you plan to combust in your air 

curtain incinerator.
(Subpart DDDD - eCFR version 9-13-2013)

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(2) The results (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity values) 

of the initial opacity tests.

(d) Submit annual opacity test results within 12 months 

following the previous report.

(e) Submit initial and annual opacity test reports as 

electronic or paper copy on or before the applicable submittal 

date and keep a copy onsite for a period of 5 years.

Model Rule—Definitions

§ 60.2875 What definitions must I know?

Terms used but not defined in this subpart are defined in 

the Clean Air Act and subparts A and B of this part.

30-day rolling average means the arithmetic mean of the 

previous 720 hours of valid operating data. Valid data excludes 

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

consecutive, but not necessarily continuous if operations are 

intermittent.

Administrator means the Administrator of the U.S. 

Environmental Protection Agency or his/her authorized 

representative or Administrator of a State Air Pollution Control 

Agency.

Affirmative defense means, in the context of an enforcement 

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

regarding which the defendant has the burden of proof, and the 
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merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding.

Agricultural waste means vegetative agricultural materials 

such as nut and grain hulls and chaff (e.g., almond, walnut, 

peanut, rice, and wheat), bagasse, orchard prunings, corn 

stalks, coffee bean hulls and grounds, and other vegetative 

waste materials generated as a result of agricultural 

operations.

Air curtain incinerator means an incinerator that operates 

by forcefully projecting a curtain of air across an open chamber 

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

be constructed above or below ground and with or without 

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

be confused with conventional combustion devices with enclosed 

fireboxes and controlled air technology such as mass burn, 

modular, and fluidized bed combustors.)

Annual heat input means the heat input for the 12 months 

preceding the compliance demonstration.

Auxiliary fuel means natural gas, liquified petroleum gas, 

fuel oil, or diesel fuel.

Average annual heat input rate means annual heat input 

divided by the hours of operation for the 12 months preceding 

the compliance demonstration.
(Subpart DDDD - eCFR version 9-13-2013)

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Bag leak detection system means an instrument that is 

capable of monitoring particulate matter loadings in the exhaust 

of a fabric filter (i.e., baghouse) in order to detect bag 

failures. A bag leak detection system includes, but is not 

limited to, an instrument that operates on triboelectric, light 

scattering, light transmittance, or other principle to monitor 

relative particulate matter loadings.

Burn-off oven means any rack reclamation unit, part 

reclamation unit, or drum reclamation unit. A burn-off oven is 

not an incinerator, waste-burning kiln, an energy recovery unit 

or a small, remote incinerator under this subpart.

Bypass stack means a device used for discharging combustion 

gases to avoid severe damage to the air pollution control device 

or other equipment.

Calendar quarter means three consecutive months 

(nonoverlapping) beginning on: January 1, April 1, July 1, or 

October 1.

Calendar year means 365 consecutive days starting on 

January 1 and ending on December 31.

CEMS data during startup and shutdown means the following:

(1) For incinerators, small remote incinerators, and energy 

recovery units: CEMS data collected during the first hours of 

operation of a CISWI unit startup from a cold start until waste 

is fed into the unit and the hours of operation following the 
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cessation of waste material being fed to the CISWI unit during a 

unit shutdown. For each startup event, the length of time that 

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

be 48 operating hours or less. For each shutdown event, the 

length of time that CEMS data may be claimed as being CEMS data 

during shutdown must be 24 operating hours or less.

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

periods of kiln operation that do not include normal operations. 

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

continues until continuous feed is introduced into the kiln, at 

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

when feed to the kiln is halted.

Chemical recovery unit means combustion units burning 

materials to recover chemical constituents or to produce 

chemical compounds where there is an existing commercial market 

for such recovered chemical constituents or compounds. A 

chemical recovery unit is not an incinerator, a waste-burning 

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

under this subpart. The following seven types of units are 

considered chemical recovery units:

(1) Units burning only pulping liquors (i.e., black liquor) 

that are reclaimed in a pulping liquor recovery process and 

reused in the pulping process.
(Subpart DDDD - eCFR version 9-13-2013)

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(2) Units burning only spent sulfuric acid used to produce 

virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the 

production of charcoal.

(4) Units burning only manufacturing byproduct 

streams/residue containing catalyst metals that are reclaimed 

and reused as catalysts or used to produce commercial grade 

catalysts.

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production of 

other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids to 

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

for use in other manufacturing processes.

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

Chemical recovery unit means combustion units burning 

materials to recover chemical constituents or to produce 

chemical compounds where there is an existing commercial market 

for such recovered chemical constituents or compounds. The 

following seven types of units are considered chemical recovery 

units:

(1) Units burning only pulping liquors (i.e., black liquor) 

that are reclaimed in a pulping liquor recovery process and 

reused in the pulping process.
(Subpart DDDD - eCFR version 9-13-2013)

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(2) Units burning only spent sulfuric acid used to produce 

virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the 

production of charcoal.

(4) Units burning only manufacturing byproduct 

streams/residue containing catalyst metals that are reclaimed 

and reused as catalysts or used to produce commercial grade 

catalysts.

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production of 

other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids to 

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

for use in other manufacturing processes.

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

Chemotherapeutic waste means waste material resulting from 

the production or use of antineoplastic agents used for the 

purpose of stopping or reversing the growth of malignant cells.

Clean lumber means wood or wood products that have been cut 

or shaped and include wet, air-dried, and kiln-dried wood 

products. Clean lumber does not include wood products that have 

been painted, pigment-stained, or pressure-treated by compounds 

such as chromate copper arsenate, pentachlorophenol, and 

creosote.
(Subpart DDDD - eCFR version 9-13-2013)

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Commercial and industrial solid waste incineration (CISWI) 

unit means any distinct operating unit of any commercial or 

industrial facility that combusts, or has combusted in the 

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

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

than traditional fuels as defined in § 241.2 that have been 

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

by § 60.2740(u), the operating unit is a CISWI unit. While not 

all CISWI units will include all of the following components, a 

CISWI unit includes, but is not limited to, the solid waste feed 

system, grate system, flue gas system, waste heat recovery 

equipment, if any, and bottom ash system. The CISWI unit does 

not include air pollution control equipment or the stack. The 

CISWI unit boundary starts at the solid waste hopper (if 

applicable) and extends through two areas: The combustion unit 

flue gas system, which ends immediately after the last 

combustion chamber or after the waste heat recovery equipment, 

if any; and the combustion unit bottom ash system, which ends at 

the truck loading station or similar equipment that transfers 

the ash to final disposal. The CISWI unit includes all ash 

handling systems connected to the bottom ash handling system.

Contained gaseous material means gases that are in a 

container when that container is combusted.
(Subpart DDDD - eCFR version 9-13-2013)

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Continuous emission monitoring system (CEMS) means the 

total equipment that may be required to meet the data 

acquisition and availability requirements of this subpart, used 

to sample, condition (if applicable), analyze, and provide a 

record of emissions.

Continuous monitoring system (CMS) means the total 

equipment, required under the emission monitoring sections in 

applicable subparts, used to sample and condition (if 

applicable), to analyze, and to provide a permanent record of 

emissions or process parameters. A particulate matter continuous 

parameter monitoring system (PM CPMS) is a type of CMS.

Cyclonic burn barrel means a combustion device for waste 

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

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

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

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

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

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

under this subpart.

Deviation means any instance in which an affected source 

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

source:

(1) Fails to meet any requirement or obligation established 

by this subpart, including but not limited to any emission 
(Subpart DDDD - eCFR version 9-13-2013)

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limitation, operating limit, or operator qualification and 

accessibility requirements.

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

implement an applicable requirement in this subpart and that is 

included in the operating permit for any affected source 

required to obtain such a permit.

Dioxins/furans means tetra-through octachlorinated dibenzop-dioxins and dibenzofurans.

Discard means, for purposes of this subpart and 40 CFR part 

60, subpart DDDD, only, burned in an incineration unit without 

energy recovery.

Drum reclamation unit means a unit that burns residues out 

of drums (e.g., 55 gallon drums) so that the drums can be 

reused.

Dry scrubber means an add-on air pollution control system 

that injects dry alkaline sorbent (dry injection) or sprays an 

alkaline sorbent (spray dryer) to react with and neutralize acid 

gas in the exhaust stream forming a dry powder material. Sorbent 

injection systems in fluidized bed boilers and process heaters 

are included in this definition. A dry scrubber is a dry control 

system.

Energy recovery means the process of recovering thermal 

energy from combustion for useful purposes such as steam 

generation or process heating.
(Subpart DDDD - eCFR version 9-13-2013)

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Energy recovery unit means a combustion unit combusting 

solid waste (as that term is defined by the Administrator in 40 

CFR part 241) for energy recovery. Energy recovery units include 

units that would be considered boilers and process heaters if 

they did not combust solid waste.

Energy recovery unit designed to burn biomass (Biomass)

means an energy recovery unit that burns solid waste, biomass, 

and non-coal solid materials but less than 10 percent coal, on a 

heat input basis on an annual average, either alone or in 

combination with liquid waste, liquid fuel or gaseous fuels.

Energy recovery unit designed to burn coal (Coal) means an 

energy recovery unit that burns solid waste and at least 10 

percent coal on a heat input basis on an annual average, either 

alone or in combination with liquid waste, liquid fuel or 

gaseous fuels.

Energy recovery unit designed to burn liquid waste 

materials and gas (Liquid/gas) means an energy recovery unit 

that burns a liquid waste with liquid or gaseous fuels not 

combined with any solid fuel or waste materials.

Energy recovery unit designed to burn solid materials 

(Solids) includes energy recovery units designed to burn coal 

and energy recovery units designed to burn biomass
(Subpart DDDD - eCFR version 9-13-2013)

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Fabric filter means an add-on air pollution control device 

used to capture particulate matter by filtering gas streams 

through filter media, also known as a baghouse.

Foundry sand thermal reclamation unit means a type of part 

reclamation unit that removes coatings that are on foundry sand. 

A foundry sand thermal reclamation unit is not an incinerator, a 

waste-burning kiln, an energy recovery unit or a small, remote 

incinerator under this subpart.

Incinerator means any furnace used in the process of 

combusting solid waste (as that term is defined by the 

Administrator in 40 CFR part 241) for the purpose of reducing 

the volume of the waste by removing combustible matter. 

Incinerator designs include single chamber and two-chamber.

In-line coal mill means those coal mills using kiln exhaust 

gases in their process. Coal mills with a heat source other than 

the kiln or coal mills using exhaust gases from the clinker 

cooler alone are not an in-line coal mill.

In-line kiln/ raw mill means a system in a Portland Cement 

production process where a dry kiln system is integrated with 

the raw mill so that all or a portion of the kiln exhaust gases 

are used to perform the drying operation of the raw mill, with 

no auxiliary heat source used. In this system the kiln is 

capable of operating without the raw mill operating, but the raw 
(Subpart DDDD - eCFR version 9-13-2013)

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mill cannot operate without the kiln gases, and consequently, 

the raw mill does not generate a separate exhaust gas stream.

Kiln means an oven or furnace, including any associated 

preheater or precalciner devices, in-line raw mills, in-line 

coal mills or alkali bypasses used for processing a substance by 

burning, firing or drying. Kilns include cement kilns that 

produce clinker by heating limestone and other materials for 

subsequent production of Portland Cement. Because the alkali 

bypass, in-line raw mill and in-line coal mill are considered an 

integral part of the kiln, the kiln emissions limits also apply

to the exhaust of the alkali bypass, in-line raw mill and inline coal mill.

Laboratory analysis unit means units that burn samples of 

materials for the purpose of chemical or physical analysis. A 

laboratory analysis unit is not an incinerator, waste-burning 

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

under this subpart.

Load fraction means the actual heat input of an energy 

recovery unit divided by heat input during the performance test 

that established the minimum sorbent injection rate or minimum 

activated carbon injection rate, expressed as a fraction (e.g., 

for 50 percent load the load fraction is 0.5).

Low-level radioactive waste means waste material which 

contains radioactive nuclides emitting primarily beta or gamma 
(Subpart DDDD - eCFR version 9-13-2013)

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radiation, or both, in concentrations or quantities that exceed 

applicable Federal federal or State state standards for 

unrestricted release. Low-level radioactive waste is not highlevel radioactive waste, spent nuclear fuel, or by-product 

material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)).

Malfunction means any sudden, infrequent, and not 

reasonably preventable failure of air pollution control 

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

normal or usual manner. Failures that are caused, in part, by 

poor maintenance or careless operation are not malfunctions.

Minimum voltage or amperage means 90 percent of the lowest 

test-run average voltage or amperage to the electrostatic 

precipitator measured during the most recent particulate matter 

or mercury performance test demonstrating compliance with the 

applicable emission limits.

Modification or modified CISWI unit means a CISWI unit that 

has been changed later than August 7, 2013, and that meets one 

of two criteria:

(i1) The cumulative cost of the changes over the life of 

the unit exceeds 50 percent of the original cost of building and 

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

updated to current costs (current dollars). To determine what 
(Subpart DDDD - eCFR version 9-13-2013)

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systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit.

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

method of operating it that increases the amount of any air 

pollutant emitted for which section 129 or section 111 of the 

Clean Air Act has established standards.

Municipal solid waste or municipal-type solid waste means 

household, commercial/retail, or institutional waste. Household 

waste includes material discarded by residential dwellings, 

hotels, motels, and other similar permanent or temporary 

housing. Commercial/retail waste includes material discarded by 

stores, offices, restaurants, warehouses, nonmanufacturing 

activities at industrial facilities, and other similar 

establishments or facilities. Institutional waste includes 

materials discarded by schools, by hospitals (nonmedical), by 

nonmanufacturing activities at prisons and government 

facilities, and other similar establishments or facilities. 

Household, commercial/retail, and institutional waste does 

include yard waste and refuse-derived fuel. Household, 

commercial/retail, and institutional waste does not include used 

oil; sewage sludge; wood pallets; construction, renovation, and 

demolition wastes (which include railroad ties and telephone 

poles); clean wood; industrial process or manufacturing wastes; 
(Subpart DDDD - eCFR version 9-13-2013)

Page 142 of 164

medical waste; or motor vehicles (including motor vehicle parts 

or vehicle fluff).

Opacity means the degree to which emissions reduce the 

transmission of light and obscure the view of an object in the 

background.

Operating day means a 24-hour period between 12:00 midnight 

and the following midnight during which any amount of solid 

waste is combusted at any time in the CISWI unit.

Oxygen analyzer system means all equipment required to 

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

oxygen in the boiler or process heater flue gas, boiler/process 

heater, firebox, or other appropriate location. This definition 

includes oxygen trim systems and certified oxygen CEMS. The 

source owner or operator is responsible to install, calibrate, 

maintain, and operate the oxygen analyzer system in accordance 

with the manufacturer's recommendations.

Oxygen trim system means a system of monitors that is used 

to maintain excess air at the desired level in a combustion 

device over its operating range. A typical system consists of a 

flue gas oxygen and/or carbon monoxide monitor that 

automatically provides a feedback signal to the combustion air 

controller or draft controller.
(Subpart DDDD - eCFR version 9-13-2013)

Page 143 of 164

Part reclamation unit means a unit that burns coatings off 

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

reconditioned and reused.

Particulate matter means total particulate matter emitted 

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

appendix A of this part.

Pathological waste means waste material consisting of only 

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

bags/containers used to collect and transport the waste 

material, and animal bedding (if applicable).

Performance evaluation means the conduct of relative 

accuracy testing, calibration error testing, and other 

measurements used in validating the continuous monitoring system 

data.

Performance test means the collection of data resulting 

from the execution of a test method (usually three emission test 

runs) used to demonstrate compliance with a relevant emission 

standard as specified in the performance test section of the 

relevant standard.

Process change means any of the following physical or 

operational changes:

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

the CISWI unit which may increase the emission rate of any air 

pollutant to which a standard applies;
(Subpart DDDD - eCFR version 9-13-2013)

Page 144 of 164

(2) An operational change to the CISWI unit where a new 

type of non-hazardous secondary material is being combusted;

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

the air pollution control devices used to comply with the 

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

electrostatic precipitator with a fabric filter);

(4) An operational change to the air pollution control 

devices used to comply with the emission limits for the affected 

CISWI unit (e.g., change in the sorbent injection rate used for 

activated carbon injection).

Rack reclamation unit means a unit that burns the coatings 

off racks used to hold small items for application of a coating. 

The unit burns the coating overspray off the rack so the rack 

can be reused.

Raw mill means a ball or tube mill, vertical roller mill or 

other size reduction equipment, that is not part of an in-line 

kiln/raw mill, used to grind feed to the appropriate size. 

Moisture may be added or removed from the feed during the 

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

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

dryer. The raw mill also includes the air separator associated 

with the raw mill.

Reconstruction means rebuilding a CISWI unit and meeting 

two criteria:
(Subpart DDDD - eCFR version 9-13-2013)

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(1) The reconstruction begins on or after June 1August 7, 

20012013.

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

of the incineration unit exceeds 50 percent of the original cost 

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

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

systems are within the boundary of the CISWI unit used to 

calculate these costs, see the definition of CISWI unit.

Refuse-derived fuel means a type of municipal solid waste 

produced by processing municipal solid waste through shredding 

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

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

refuse-derived fuel.

(2) Pelletized refuse-derived fuel.

Responsible official means one of the following:

(1) For a corporation: A president, secretary, treasurer, 

or vice-president of the corporation in charge of a principal 

business function, or any other person who performs similar 

policy or decision-making functions for the corporation, or a 

duly authorized representative of such person if the 

representative is responsible for the overall operation of one 

or more manufacturing, production, or operating facilities 

applying for or subject to a permit and either:
(Subpart DDDD - eCFR version 9-13-2013)

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(i) The facilities employ more than 250 persons or have 

gross annual sales or expenditures exceeding $25 million (in 

second quarter 1980 dollars); or

(ii) The delegation of authority to such representatives is 

approved in advance by the permitting authority;

(2) For a partnership or sole proprietorship: a general 

partner or the proprietor, respectively;

(3) For a municipality, Statestate, Federalfederal, or 

other public agency: Either a principal executive officer or 

ranking elected official. For the purposes of this part, a 

principal executive officer of a Federal agency includes the 

chief executive officer having responsibility for the overall 

operations of a principal geographic unit of the agency (e.g., a 

Regional Administrator of EPA); or

(4) For affected facilities:

(i) The designated representative in so far as actions, 

standards, requirements, or prohibitions under Title IV of the 

Clean Air Act or the regulations promulgated thereunder are 

concerned; or

(ii) The designated representative for any other purposes 

under part 60.

Shutdown means the period of time after all waste has been 

combusted in the primary chamber.
(Subpart DDDD - eCFR version 9-13-2013)

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Small, remote incinerator means an incinerator that 

combusts solid waste (as that term is defined by the 

Administrator in 40 CFR part 241) and combusts 3 tons per day or 

less solid waste and is more than 25 miles driving distance to 

the nearest municipal solid waste landfill.

Soil treatment unit means a unit that thermally treats 

petroleum-contaminated soils for the sole purpose of site 

remediation. A soil treatment unit may be direct-fired or 

indirect fired. A soil treatment unit is not an incinerator, a 

waste-burning kiln, an energy recovery unit or a small, remote 

incinerator under this subpart.

Solid waste means the term solid waste as defined in 40 CFR 

241.2.

Solid waste incineration unit means a distinct operating 

unit of any facility which combusts any solid waste (as that 

term is defined by the Administrator in 40 CFR part 241) 

material from commercial or industrial establishments or the 

general public (including single and multiple residences, hotels 

and motels). Such term does not include incinerators or other 

units required to have a permit under section 3005 of the Solid 

Waste Disposal Act. The term “solid waste incineration unit” 

does not include:
(Subpart DDDD - eCFR version 9-13-2013)

Page 148 of 164

(1) Materials recovery facilities (including primary or 

secondary smelters) which combust waste for the primary purpose 

of recovering metals;

(2) Qualifying small power production facilities, as 

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

769(17)(C)), or qualifying cogeneration facilities, as defined 

in section 3(18)(B) of the Federal Power Act (16 U.S.C. 

796(18)(B)), which burn homogeneous waste (such as units which 

burn tires or used oil, but not including refuse-derived fuel) 

for the production of electric energy or in the case of 

qualifying cogeneration facilities which burn homogeneous waste 

for the production of electric energy and steam or forms of 

useful energy (such as heat) which are used for industrial, 

commercial, heating or cooling purposes; or

(3) Air curtain incinerators provided that such 

incinerators only burn wood wastes, yard wastes and clean lumber 

and that such air curtain incinerators comply with opacity 

limitations to be established by the Administrator by rule.

Space heater means a unit that meets the requirements of 40 

CFR 279.23. A space heater is not an incinerator, a wasteburning kiln, an energy recovery unit or a small, remote 

incinerator under this subpart.
(Subpart DDDD - eCFR version 9-13-2013)

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Standard conditions, when referring to units of measure, 

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

atmosphere (101.3 kilopascals).

Startup period means the period of time between the 

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

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

in part, by combusting solid waste (as the term is defined by 

the Administrator in 40 CFR part 241). Secondary materials used 

in Portland cement kilns shall not be deemed to be combusted 

unless they are introduced into the flame zone in the hot end of 

the kiln or mixed with the precalciner fuel.

Wet scrubber means an add-on air pollution control device 

that uses an aqueous or alkaline scrubbing liquor to collect 

particulate matter (including nonvaporous metals and condensed 

organics) and/or to absorb and neutralize acid gases.

Wood waste means untreated wood and untreated wood 

products, including tree stumps (whole or chipped), trees, tree 

limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, 

millings, and shavings. Wood waste does not include:

(1) Grass, grass clippings, bushes, shrubs, and clippings 

from bushes and shrubs from residential, commercial/retail, 

institutional, or industrial sources as part of maintaining 

yards or other private or public lands.

(2) Construction, renovation, or demolition wastes.
(Subpart DDDD - eCFR version 9-13-2013)

Page 150 of 164

(3) Clean lumber.

Table 1 to Subpart DDDD of Part 60—Model Rule—Increments of 

Progress and Compliance Schedules

Comply with these increments of 

progress By these datesa

Increment 1—Submit final control plan (Dates to be specified in state plan).

Increment 2—Final compliance (Dates to be specified in state 

plan).b

a Site-specific schedules can be used at the discretion of the state.

b The date can be no later than 3 years after the effective date of state 

plan approval or December 1, 2005 for CISWI units that commenced 

construction on or before November 30, 1999. The date can be no later than 

3 years after the effective date of approval of a revised state plan or 

February 7, 2018, for CISWI units that commenced construction on or before 

June 4, 2010.

Table 2 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Incinerators Before [Date to be 

specified in state plan] b

For the air 

pollutant

You must meet 

this emission 

limitation a

Using this averaging 

time

And determining 

compliance using 

this method

Cadmium 0.004 

milligrams per 

dry standard 

cubic meter

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 29 of 

appendix A of this 

part)

Carbon monoxide 157 parts per 

million by dry 

volume

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 10, 10A, or 

10B, of appendix A 

of this part)

Dioxins/furans 

(toxic 

equivalency 

basis)

0.41 nanograms 

per dry 

standard cubic 

meter

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 23 of 

appendix A of this 

part)

Hydrogen 

chloride

62 parts per 

million by dry 

volume

3-run average (For 

Method 26, collect a 

minimum volume of 120 

liters per run. For 

Method 26A, collect a 

minimum volume of 1 dry 

standard cubic meter per 

run)

Performance test 

(Method 26 or 26A at 

40 CFR part 60, 

appendix A-8).

Lead 0.04 milligrams 

per dry 

standard cubic 

meter

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 29 of 

appendix A of this 

part)
(Subpart DDDD - eCFR version 9-13-2013)

Page 151 of 164

For the air 

pollutant

You must meet 

this emission 

limitation a

Using this averaging 

time

And determining 

compliance using 

this method

Mercury 0.47 milligrams 

per dry 

standard cubic 

meter

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 29 or 30B at 

40 CFR part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 2008).c

Opacity 10 percent Three 1-hour blocks 

consisting of ten 6-

minute average opacity 

values

Performance test 

(Method 9 at 40 CFR 

part 60, appendix A4).

Oxides of 

nitrogen

388 parts per 

million by dry 

volume

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Methods 7or 7E at 

40 CFR part 60, 

appendix A-4).

Particulate 

matter

70 milligrams 

per dry 

standard cubic 

meter

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 5 or 29 of 

appendix A of ths 

part)

Sulfur dioxide 20 parts per 

million by dry 

volume

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 6 or 6c of 

appendix A of this 

part)

a All emission limitations (except for opacity) are measured at 7 percent 

oxygen, dry basis at standard conditions.

b Applies only to incinerators subject to the CISWI standards through a 

state plan or the Federal plan prior to June 4, 2010. The date specified 

in the state plan can be no later than 3 years after the effective date of 

approval of a revised state plan or February 7, 2018.

c Incorporated by reference,see§ 60.17.

Table 3 to Subpart DDDD of Part 60—Model Rule—Operating Limits 

for Wet Scrubbers

For these 

operating 

parameters

You must 

establish 

these 

operating 

limits

And monitor using these minimum frequencies

Data 

measurement

Data 

recording Averaging time

Charge rate Maximum charge 

rate

Continuous Every hour Daily (batch units). 

3-hour rolling 

(continuous and 

intermittent units) a

Pressure drop 

across the wet 

scrubber or 

Minimum 

pressure drop 

or amperage

Continuous Every 15 

minutes

3-hour rolling a
(Subpart DDDD - eCFR version 9-13-2013)

Page 152 of 164

amperage to wet 

scrubber

Scrubber liquor 

flow rate

Minimum flow 

rate

Continuous Every 15 

minutes

3-hour rolling a

Scrubber liquor pH Minimum pH Continuous Every 15 

minutes

3-hour rolling a

a Calculated each hour as the average of the previous 3 operating hours.

Table 4 to Subpart DDDD of Part 60—Model Rule—Toxic Equivalency 

Factors

Dioxin/furan isomer Toxic equivalency factor

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

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1

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

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

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

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

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

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

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

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

1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01

octachlorinated dibenzofuran 0.001

Table 5 to Subpart DDDD of Part 60—Model Rule—Summary of 

Reporting Requirements a

Report Due date Contents Reference

Waste 

Management 

Plan

No later than the 

date specified in 

table 1 for 

submittal of the 

final control plan



Waste management plan § 60.2755.
(Subpart DDDD - eCFR version 9-13-2013)

Page 153 of 164

Report Due date Contents Reference

Initial Test 

Report

No later than 60 

days following the 

initial performance 

test



Complete test report for 

the initial performance 

test



The values for the sitespecific operating 

limits



Installation of bag leak 

detection systems for 

fabric filters

§ 60.2760.
(Subpart DDDD - eCFR version 9-13-2013)

Page 154 of 164

Report Due date Contents Reference

Annual report No later than 12 

months following 

the submission of 

the initial test 

report. Subsequent 

reports are to be 

submitted no more 

than 12 months 

following the 

previous report



Name and address



Statement and signature 

by responsible official



Date of report



Values for the operating 

limits



Highest recorded 3-hour 

average and the lowest 

3-hour average, as 

applicable, for each 

operating parameter 

recorded for the 

calendar year being 

reported



If a performance test 

was conducted during the 

reporting period, the 

results of the test



If a performance test 

was not conducted during 

the reporting period, a 

statement that the 

requirements of § 

60.2720(a) were met



Documentation of periods 

when all qualified CISWI 

unit operators were 

unavailable for more 

than 8 hours but less 

than 2 weeks



If you are conducting 

performance tests once 

every 3 years consistent 

with § 60.2720(a), the 

date of the last 2 

performance tests, a 

comparison of the 

emission level you 

achieved in the last 2 

performance tests to the 

75 percent emission 

limit threshold required 

in § 60.2720(a) and a 

statement as to whether 

there have been any 

operational changes 

since the last 

performance test that 

could increase emissions

§§ 60.2765 and 

60.2770.
(Subpart DDDD - eCFR version 9-13-2013)

Page 155 of 164

Report Due date Contents Reference

Emission 

limitation or 

operating 

limit 

deviation 

report

By August 1 of that 

year for data 

collected during 

the first half of 

the calendar year. 

By February 1 of 

the following year 

for data collected 

during the second 

half of the 

calendar year



Dates and times of 

deviation



Averaged and recorded 

data for those dates



Duration and causes of 

each deviation and the 

corrective actions taken



Copy of operating limit 

monitoring data and any 

test reports



Dates, times and causes 

for monitor downtime 

incidents

§ 60.2775 and 

60.2780.

Qualified 

Operator 

Deviation 

Notification

Within 10 days of 

deviation 

• Statement of cause of 

deviation



Description of efforts 

to have an accessible 

qualified operator



The date a qualified 

operator will be 

accessible

§ 60.2785(a)(1).

Qualified 

Operator 

Deviation 

Status Report

Every 4 weeks 

following deviation



Description of efforts 

to have an accessible 

qualified operator



The date a qualified 

operator will be 

accessible



Request for approval to 

continue operation

§ 60.2785(a)(2).

Qualified 

Operator 

Deviation 

Notification 

of Resumed 

Operation

Prior to resuming 

operation



Notification that you 

are resuming operation

§ 60.2785(b)

a This table is only a summary, see the referenced sections of the rule for 

the complete requirements.

Table 6 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Incinerators on and After [Date to be 

specified in state plan] a

For the air 

pollutant

You must meet 

this emission

limitation b Using this averaging time

And determining 

compliance using 

this method
(Subpart DDDD - eCFR version 9-13-2013)

Page 156 of 164

Cadmium 0.0026 

milligrams per

dry standard 

cubic meter

3-run average (collect a 

minimum volume of 2 dry 

standard cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for the 

analytical 

finish.

Carbon monoxide 17 parts per 

million dry 

volume

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).

Dioxins/furans 

(total mass 

basis)

4.6 nanograms 

per dry 

standard cubic 

meter

3-run average (collect a 

minimum volume of 2 dry 

standard cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.13 nanograms 

per dry 

standard cubic 

meter

3-run average (collect a 

minimum volume of 2 dry 

standard cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Hydrogen 

chloride

29 parts per 

million dry 

volume

3-run average (For Method 

26, collect a minimum 

volume of 60 liters per 

run. For Method 26A, 

collect a minimum volume of 

1 dry standard cubic meter 

per run)

Performance test 

(Method 26 or 26A 

at 40 CFR part 

60, appendix A8).

Lead 0.015 

milligrams per 

dry standard 

cubic meter. c

3-run average (collect a 

minimum volume of 2 dry 

standard cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for the 

analytical 

finish.

Mercury 0.0048 

milligrams per 

dry standard 

cubic meter

3-run average (For Method 

29 an ASTM D6784-02 

(Reapproved 2008) d, 

collect a minimum volume of 

2 dry standard cubic meters 

per run. For Method 30B, 

collect a minimum sample as 

specified in Method 30B at 

40 CFR part 60, appendix A)

Performance test 

(Method 29 or 30B 

at 40 CFR part 

60, appendix A-8) 

or ASTM D6784-02 

(Reapproved 

2008). d

Oxides of 

nitrogen

53 parts per 

million dry 

volume

3-run average (for Method 

7E, 1 hour minimum sample 

time per run)

Performance test 

(Method 7 or 7E 

at 40 CFR part 

60, appendix A4).

Particulate 

matter 

filterable

34 milligrams 

per dry 

standard cubic 

meter

3-run average (collect a 

minimum volume of 1 dry 

standard cubic meter)

Performance test 

(Method 5 or 29 

at 40 CFR part 
(Subpart DDDD - eCFR version 9-13-2013)

Page 157 of 164

60, appendix A-3 

or appendix A-8).

Sulfur dioxide 11 parts per 

million dry 

volume

3-run average (1 hour 

minimum sample time per 

run)

Performance test 

(Method 6 or 6c 

at 40 CFR part 

60, appendix A4).

Fugitive ash Visible 

emissions for 

no more than 5% 

of the hourly 

observation 

period

Three 1-hour observation 

periods

Visible emission 

test (Method 22 

at 40 CFR part 

60, appendix A7).

a The date specified in the state plan can be no later than 3 years after 

the effective date of approval of a revised state plan or February 7, 

2018.

b All emission limitations are measured at 7 percent oxygen, dry basis at 

standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit.

c If you are conducting stack tests to demonstrate compliance and your 

performance tests for this pollutant for at least 2 consecutive years show 

that your emissions are at or below this limit, you can skip testing 

according to § 60.2720 if all of the other provisions of § 60.2720 are 

met. For all other pollutants that do not contain a footnote “c”, your 

performance tests for this pollutant for at least 2 consecutive years must 

show that your emissions are at or below 75 percent of this limit in order 

to qualify for skip testing.

d Incorporated by reference, see § 60.17.

Table 7 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Energy Recovery Units After May 20, 

2011 [Date to be specified in state plan] a

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method

Cadmium 0.023 

milligrams 

per dry 

standard 

cubic meter

Biomass—

0.0014 

milligrams 

per dry 

standard 

cubic 

meter. c

Coal—0.0095 

milligrams 

per dry 

standard 

cubic meter.

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). Use 

ICPMS for the 

analytical finish.
(Subpart DDDD - eCFR version 9-13-2013)

Page 158 of 164

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method

Carbon 

monoxide

35 parts per 

million dry 

volume

Biomass—260 

parts per 

million dry 

volume

Coal—95 

parts per 

million dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).

Dioxins/furans 

(total mass 

basis)

2.9 

nanograms 

per dry 

standard 

cubic meter

Biomass—0.52 

nanograms 

per dry 

standard 

cubic 

meter. c

Coal—5.1 

nanograms 

per dry 

standard 

cubic 

meter. c

3-run average 

(collect a 

minimum volume of 

4 dry standard 

cubic meter)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.32 

nanograms 

per dry 

standard 

cubic meter

Biomass—0.12 

nanograms 

per dry 

standard 

cubic meter

Coal—0.075 

nanograms 

per dry 

standard 

cubic 

meter. c

3-run average 

(collect a 

minimum volume of 

4 dry standard 

cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Hydrogen 

chloride

14 parts per 

million dry 

volume

Biomass—0.20 

parts per 

million dry 

volume

Coal—13 

parts per 

million dry 

volume

3-run average 

(for Method 26, 

collect a minimum 

of 120 liters; 

for Method 26A, 

collect a minimum 

volume of 1 dry 

standard cubic 

meter)

Performance test 

(Method 26 or 26A 

at 40 CFR part 60, 

appendix A-8).

Lead 0.096 

milligrams 

per dry 

standard 

cubic meter

Biomass—

0.014 

milligrams 

per dry 

standard 

cubic 

meter. c

Coal—0.14 

milligrams 

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). Use 

ICPMS for the 

analytical finish.
(Subpart DDDD - eCFR version 9-13-2013)

Page 159 of 164

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method

per dry 

standard 

cubic 

meter. c

Mercury 0.0024 

milligrams 

per dry 

standard 

cubic meter

Biomass—

0.0022 

milligrams 

per dry 

standard 

cubic meter

Coal—0.016 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(For Method 29 

and ASTM D6784-02 

(Reapproved 

2008) d, collect 

a minimum volume 

of 2 dry standard 

cubic meters per 

run. For Method 

30B, collect a 

minimum sample as 

specified in 

Method 30B at 40 

CFR part 60, 

appendix A)

Performance test 

(Method 29 or 30B 

at 40 CFR part 60, 

appendix A-8) or 

ASTM D6784-02 

(Reapproved 

2008) d.

Oxides of 

nitrogen

76 parts per 

million dry 

volume

Biomass—290 

parts per 

million dry 

volume

Coal—340 

parts per 

million dry 

volume

3-run average 

(for Method 7E, 1 

hour minimum 

sample time per 

run)

Performance test 

(Method 7 or 7E at 

40 CFR part 60, 

appendix A-4).

Particulate 

matter 

filterable

110 

milligrams 

per dry 

standard 

cubic meter

Biomass—11 

milligrams 

per dry 

standard 

cubic meter

Coal—160 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume of 

1 dry standard 

cubic meter)

Performance test 

(Method 5 or 29 at 

40 CFR part 60, 

appendix A-3 or 

appendix A-8) if 

the unit has an 

annual average 

heat input rate 

less than or equal 

to 250 MMBtu/hr; 

or PM CPMS (as 

specified in § 

60.2710(x)) if the 

unit has an annual 

average heat input 

rate greater than 

250 MMBtu/hr.

Sulfur dioxide 720 parts 

per million 

dry volume

Biomass—7.3 

parts per 

million dry 

volume

Coal—650 

3-run average (1 

hour minimum 

sample time per 

run)

Performance test 

(Method 6 or 6c at 

40 CFR part 60, 

appendix A-4).
(Subpart DDDD - eCFR version 9-13-2013)

Page 160 of 164

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

Liquid/Gas Solids this method

parts per 

million dry 

volume

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period

Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 at 

40 CFR part 60, 

appendix A-7).

a The date specified in the state plan can be no later than 3 years after 

the effective date of approval of a revised state plan or February 7, 

2018.

b All emission limitations (except for opacity) are measured at 7 percent 

oxygen, dry basis at standard conditions. For dioxins/furans, you must 

meet either the total mass basis limit or the toxic equivalency basis 

limit.

c If you are conducting stack tests to demonstrate compliance and your 

performance tests for this pollutant for at least 2 consecutive years show 

that your emissions are at or below this limit, you can skip testing 

according to § 60.2720 if all of the other provisions of § 60.2720 are 

met. For all other pollutants that do not contain a footnote “c”, your 

performance tests for this pollutant for at least 2 consecutive years must 

show that your emissions are at or below 75 percent of this limit in order 

to qualify for skip testing, with the exception of annual performance 

tests to certify a CEMS or PM CPMS.

d Incorporated by reference, see § 60.17.

Table 8 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Waste-Burning Kilns After May 20, 2011

[Date to be specified in state plan.] a

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

this method

Cadmium 0.0014 milligrams per dry 

standard cubic meter. c

3-run average 

(collect a 

minimum volume 

of 2 dry 

standard cubic 

meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8).

Carbon monoxide 110 (long kilns)/790 

(preheater/precalciner) 

parts per million dry 

volume

3-run average 

(1 hour minimum 

sample time per 

run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).
(Subpart DDDD - eCFR version 9-13-2013)

Page 161 of 164

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

this method

Dioxins/furans 

(total mass 

basis)

1.3 nanograms per dry 

standard cubic meter. c

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.075 nanograms per dry 

standard cubic meter. c

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Hydrogen 

chloride

3.0 parts per million dry 

volume. c

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter) or 30-

day rolling 

average if HCl 

CEMS is being 

used

Performance test 

(Method 321 at 40 

CFR part 63, 

appendix A of this 

part) or HCl CEMS 

if a wet scrubber 

or dry scrubber is

not used.

Lead 0.014 milligrams per dry 

standard cubic meter. c

3-run average 

(collect a

minimum volume 

of 2 dry 

standard cubic 

meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8).

Mercury 0.011 milligrams per dry 

standard cubic meter

30-day rolling 

average

Mercury CEMS or 

sorbent trap 

monitoring system 

(performance 

specification 12A 

or 12B, 

respectively, of 

appendix B of this 

part.)

Oxides of 

nitrogen

630 parts per million dry 

volume

3-run average 

(for Method 7E, 

1 hour minimum 

sample time per 

run)

Performance test 

(Method 7 or 7E at 

40 CFR part 60, 

appendix A-4).

Particulate 

matter 

filterable

4.6 milligrams per dry 

standard cubic meter

30-day rolling 

average

PM CPMS (as 

specified in § 

60.2710(x))

Sulfur dioxide 600 parts per million dry 

volume

3-run average 

(for Method 6, 

collect a 

Performance test 

(Method 6 or 6c at 
(Subpart DDDD - eCFR version 9-13-2013)

Page 162 of 164

For the air 

pollutant

You must meet this 

emission limitation b

Using this 

averaging time

And determining 

compliance using 

this method

minimum of 20 

liters; for 

Method 6C, 1 

hour minimum 

sample time per 

run)

40 CFR part 60, 

appendix A-4).

a The date specified in the state plan can be no later than 3 years after 

the effective date of approval of a revised state plan or February 7, 

2018.

b All emission limitations are measured at 7 percent oxygen, dry basis at 

standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit.

c If you are conducting stack tests to demonstrate compliance and your 

performance tests for this pollutant for at least 2 consecutive years show 

that your emissions are at or below this limit, you can skip testing 

according to § 60.2720 if all of the other provisions of § 60.2720 are 

met. For all other pollutants that do not contain a footnote “c”, your 

performance tests for this pollutant for at least 2 consecutive years must 

show that your emissions are at or below 75 percent of this limit in order 

to qualify for skip testing, with the exception of annual performance 

tests to certify a CEMS or PM CPMS.

Table 9 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Small, Remote Incinerators After May 

20, 2011 [Date to be specified in state plan] a

For the air 

pollutant

You must meet 

this emission

limitationb Using this averaging time

And determining 

compliance using 

this method

Cadmium 0.95 milligrams 

per dry 

standard cubic 

meter

3-run average (collect a 

minimum volume of 1 dry 

standard cubic meters per 

run)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8).

Carbon monoxide 64 parts per 

million dry 

volume

3-run average (1 hour 

minimum sample time per run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).

Dioxins/furans 

(total mass 

basis)

4,400 nanograms 

per dry 

standard cubic 

meter b

3-run average (collect a 

minimum volume of 1 dry 

standard cubic meters per 

run)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxins/furans 

(toxic 

equivalency 

basis)

180 nanograms 

per dry 

standard cubic 

meter b

3-run average (collect a 

minimum volume of 1 dry 

standard cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Fugitive ash Visible 

emissions for 

Three 1-hour observation 

periods

Visible emissions 

test (Method 22 
(Subpart DDDD - eCFR version 9-13-2013)

Page 163 of 164

For the air 

pollutant

You must meet 

this emission

limitationb Using this averaging time

And determining 

compliance using 

this method

no more than 5 

percent of the 

hourly 

observation 

period

at 40 CFR part 

60, appendix A7).

Hydrogen 

chloride

300 parts per 

million dry 

volume

3-run average (For Method 

26, collect a minimum volume 

of 120 liters per run. For 

Method 26A, collect a 

minimum volume of 1 dry 

standard cubic meter per 

run)

Performance test 

(Method 26 or 26A 

at 40 CFR part 

60, appendix A8).

Lead 2.1 milligrams 

per dry 

standard cubic 

meter

3-run average (collect a 

minimum volume of 1 dry 

standard cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for the 

analytical 

finish.

Mercury 0.0053 

milligrams per 

dry standard 

cubic meter

3-run average (For Method 29 

and ASTM D6784-02 

(Reapproved 2008),ccollect a 

minimum volume of 2 dry 

standard cubic meters per 

run. For Method 30B, collect 

a minimum sample as 

specified in Method 30B at 

40 CFR part 60, appendix A)

Performance test 

(Method 29 or 30B 

at 40 CFR part 

60, appendix A-8) 

or ASTM D6784-02 

(Reapproved 

2008). c

Oxides of 

nitrogen

190 parts per 

million dry 

volume

3-run average (for Method 

7E, 1 hour minimum sample 

time per run)

Performance test 

(Method 7 or 7E 

at 40 CFR part 

60, appendix A4).

Particulate 

matter

(filterable)

270 milligrams 

per dry 

standard cubic 

meter

3-run average (collect a 

minimum volume of 1 dry 

standard cubic meters)

Performance test 

(Method 5 or 29 

at 40 CFR part 

60, appendix A-3 

or appendix A-8).

Sulfur dioxide 150 parts per 

million dry 

volume

3-run average (for Method 6, 

collect a minimum of 20 

liters per run; for Method 

6C, 1 hour minimum sample 

time per run)

Performance test 

(Method 6 or 6c 

at 40 CFR part 

60, appendix A4).

a The date specified in the state plan can be no later than 3 years after 

the effective date of approval of a revised state plan or February 7, 

2018.

b All emission limitations (except for opacity) are measured at 7 percent 

oxygen, dry basis at standard conditions. For dioxins/furans, you must 
(Subpart DDDD - eCFR version 9-13-2013)

Page 164 of 164

meet either the total mass basis limit or the toxic equivalency basis 

limit.

c Incorporated by reference, see § 60.17.