`[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Rules and Regulations]
[Pages 75338-75376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29875]



[[Page 75337]]

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Part II





Environmental Protection Agency





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40 CFR Part 60



Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units; Final Rule

  Federal Register / Vol. 65 , No. 232 / Friday, December 1, 2000 / 
Rules and Regulations  

[[Page 75338]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6905-1]
RIN 2060-AF91


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final standards and guidelines.

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SUMMARY: We are promulgating standards and guidelines for new and 
existing commercial and industrial solid waste incineration (CISWI) 
units. These standards and guidelines fulfill the requirements of 
sections 111 and 129 of the Clean Air Act (CAA), which require us to 
promulgate standards and guidelines for CISWI units. The final 
standards and guidelines will protect public health by reducing 
exposure to air pollution, including several hazardous air pollutants 
(HAP) that can cause toxic effects such as eye, nose, throat, and skin 
irritation; reproductive effects; and cancer. These standards and 
guidelines apply only to CISWI units burning nonhazardous wastes.

EFFECTIVE DATE: January 30, 2001.

ADDRESSES: Docket. Docket No. A-94-63 contains the supporting 
information used in developing the final standards and guidelines and 
is available for public inspection and copying between 8 a.m. and 5:30 
p.m., Monday through Friday, at the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460, telephone (202) 260-7548, fax (202) 260-
4000. The docket is available at the above address in Room M-1500, 
Waterside Mall (ground floor, central mall). A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: Fred Porter, Combustion Group, 
Emission Standards Division (MD-13), U.S. EPA, Research Triangle Park, 
North Carolina 27711, (919) 541-5251, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Background Information. A list of combustion related rules is 
available on the Combustion Group website on the EPA Technology 
Transfer Network website (TTN Web) at http://www.epa.gov/ttn/uatw/combust/list.html. You may obtain Federal Register notices, supporting 
information, and docket indices for these combustion related rules.
    Regulated Entities. These standards and guidelines affect the 
following North American Industrial Classification System (NAICS) and 
Standard Industrial Classification (SIC) codes:

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            Category                      NAICS Code                    SIC Code                     Examples of potentially regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Any industry using a solid      325........................  28........................  Manufacturers of chemicals and allied products.
 waste incinerator as defined
 in the regulations.
                                 325........................  34........................  Manufacturers of electronic equipment.
                                 421........................  36........................  Manufacturers of wholesale trade, durable goods.
                                 321, 337...................  24, 25....................  Manufacturers of lumber and wood furniture.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists examples of the types of entities that could 
be affected by this action. Other types of entities not listed in this 
table could also be affected. To determine whether your facility, 
company, business organization, etc., is regulated by this action, you 
should carefully examine the applicability criteria in 40 CFR 60.2010 
of subpart CCCC and 40 CFR 60.2505 of subpart DDDD.
    Judicial Review. We proposed this rule for CISWI units in the 
Federal Register on November 30, 1999 (64 FR 67092). This action 
adopting a rule for CISWI units constitutes final administrative action 
on that proposal. Under section 307(b)(1) of the CAA, judicial review 
of this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit by 
January 30, 2001. Under section 307(d)(7)(B) of the CAA, only an 
objection to this rule that was raised with reasonable specificity 
during the period for public comment can be raised during judicial 
review. Moreover, under section 307(b)(2) of the CAA, the requirements 
established by today's final action may not be challenged separately in 
any civil or criminal proceeding brought by the EPA to enforce these 
requirements.
    Organization of this Document. The following outline is provided to 
aid in locating information in this preamble. With the exception of 
section V, which covers various administrative requirements, each 
section heading of the preamble is presented as a question, and the 
text in the section answers the question.

I. Background Information

    A. What information is covered in this preamble?
    B. Where in the Code of Federal Regulations will these standards 
and guidelines be codified?
    C. What is the regulatory development background for these 
standards and guidelines?
    D. What is the statutory authority for these standards and 
guidelines?
    E. What are new source performance standards?
    F. What are emission guidelines?
    G. How are the emission guidelines implemented?

II. Summary of the NSPS and EG

    A. Do the standards and guidelines apply to me?
    B. What emission limitations must I meet?
    C. What operating limits must I meet?
    D. What are the other requirements?
    E. What are the requirements for air curtain incinerators?

III. Significant Issues and Changes

    A. Are very small municipal waste combustion units covered?
    B. Are cyclonic barrel burners covered?
    C. Has the definition of a CISWI unit or solid waste changed?
    D. Which elements of the definition of solid waste have been 
retained and clarified?
    E. Were significant issues raised regarding EPA's approach to 
setting the proposed standards and guidelines, and has EPA made any 
changes?

IV. Impacts of the Final NSPS and EG

    A. What are the air impacts for new units?
    B. What are the air impacts for existing units?

V. Administrative Requirements

    A. Executive Order 12866: Regulatory Planning and Review
    B. Executive Order 13132: Federalism
    C. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory

[[Page 75339]]

Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act

Abbreviations and Acronyms Used in This Document

    BDT  Best demonstrated technology
    Btu  British thermal units
    CAA  Clean Air Act
    CFR  Code of Federal Regulations
    CISWI  Commercial and industrial solid waste incineration
    EG  Emission guidelines
    EPA  Environmental Protection Agency
    FACA  Federal Advisory Committee Act
    FR  Federal Register
    HMIWI  Hospital/medical/infectious waste incineration
    HWI  Hazardous waste incinerator
    ICCR  Industrial Combustion Coordinated Rulemaking
    ICR  Information Collection Request
    kg/hr  Kilograms per hour
    lbs/hr  Pounds per hour
    MACT  Maximum achievable control technology
    mg/dscm  Milligrams per dry standard cubic meter
    Mg/yr  Megagrams per year
    MWC  Municipal waste combustion
    NAICS  North American Industrial Classification System
    ng/dscm  Nanograms per dry standard cubic meter
    NSPS  New source performance standards
    NTTAA  National Technology Transfer and Advancement Act
    OMB  Office of Management and Budget
    ppm  Parts per million
    RFA  Regulatory Flexibility Act
    SBA  Small Business Administration
    SBREFA  Small Business Regulatory Enforcement Fairness Act
    SIC  Standard Industrial Classification
    SWDA  Solid Waste Disposal Act
    TEQ  Toxic equivalency
    TTN Web  Technology Transfer Network Website
    UMRA  Unfunded Mandates Reform Act
    U.S.C.  United States Code

I. Background Information

A. What Information is Covered in This Preamble?

    We summarize the important features of the standards and guidelines 
that apply to CISWI units in this preamble. The preamble also outlines 
the significant issues and changes in response to public comments, the 
environmental impacts of these standards and guidelines, and the 
administrative requirements relative to this action.

B. Where in the Code of Federal Regulations Will These Standards and 
Guidelines be Codified?

    The Code of Federal Regulations (CFR) is a codification of the 
general and permanent rules published in the Federal Register by the 
Executive departments and agencies of the Federal Government. The code 
is divided into 50 titles that represent broad areas subject to Federal 
regulation. The final standards and guidelines for CISWI units will be 
published in Title 40, Protection of the Environment. Part 60 of title 
40 includes standards of performance for new stationary sources and 
emission guidelines and compliance times for existing sources. The 
table below lists the subparts in which the standards and guidelines 
will be codified.

------------------------------------------------------------------------
                                              Subpart in title 40, part
          Title of the regulation                         60
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Standards of Performance for New Stationary  Subpart CCCC.
 Sources: Commercial and Industrial Solid
 Waste Incineration Units.
Emission Guidelines and Compliance Times     Subpart DDDD.
 for Commercial and Industrial Solid Waste
 Incineration Units.
------------------------------------------------------------------------

C. What is the Regulatory Development Background for These Standards 
and Guidelines?

    Section 129 of the CAA requires us to develop new source 
performance standards (NSPS) and emission guidelines (EG) for ``solid 
waste incineration units combusting commercial or industrial waste.'' 
We refer to these units as ``commercial and industrial solid waste 
incineration'' (CISWI) units. On December 28, 1994 (59 FR 66850), the 
EPA published an advance notice of proposed rulemaking in the Federal 
Register. That notice requested information and data concerning the 
operation, location, emissions, and emission controls for CISWI units.
    In September 1996, we chartered the Industrial Combustion 
Coordinated Rulemaking (ICCR) advisory committee under the Federal 
Advisory Committee Act (FACA). The committee's objective was to develop 
recommendations for regulations for several combustion source 
categories under sections 112 and 129 of the CAA. The ICCR advisory 
committee, known as the Coordinating Committee, formed Source Work 
Groups for the various combustor types covered under the ICCR. One work 
group, the Incinerator Work Group, was formed to research issues 
related to CISWI units. The Incinerator Work Group submitted 
recommendations, information, and data analysis results to the 
Coordinating Committee, which in turn considered them and submitted 
recommendations and information to us. We have reviewed and considered 
the Committee's recommendations in developing these regulations for 
CISWI units. The Committee's 2-year charter expired in September 1998.
    Pursuant to a February 1995 consent decree (as modified in July 
1997), the Administrator was required to sign a notice of proposed 
rulemaking for CISWI units by November 15, 1999 for publication in the 
Federal Register. The consent decree also requires the Administrator to 
sign a notice of final rulemaking for CISWI units by November 15, 2000 
for publication in the Federal Register.
    The proposed rule satisfies the first requirement in the consent 
decree, and this final rule satisfies the second requirement.

D. What is the Statutory Authority for These Standards and Guidelines?

    Section 129 of the CAA requires us to develop and adopt NSPS and EG 
for CISWI units pursuant to section 111 of the CAA. Section 111(b) 
requires us to establish NSPS for new sources, and section 111(d) 
requires us to establish EG for existing sources. Under section 129, 
the NSPS and EG adopted for CISWI units must reflect maximum achievable 
control technology (MACT). This term ``MACT'' is defined in section 129 
of the CAA as the maximum degree of reduction in emissions of air 
pollutants that the Administrator determines is achievable, taking into 
consideration the cost of achieving the reductions and any nonair 
quality health and environmental impacts and energy requirements.

E. What are New Source Performance Standards?

    The NSPS apply to new stationary sources, that is, sources whose 
construction begins after the NSPS is proposed or sources that are 
reconstructed or modified on or after a specified date. The following 
are the key elements in an NSPS.
    1. Source category means the industry or type of process that is 
regulated. The source category in today's final standards is CISWI 
units.
    2. Affected facility means the equipment subject to the NSPS. The

[[Page 75340]]

affected facility in today's final standards is each individual CISWI 
unit.
    3. Pollutants means the particular air pollutants emitted by the 
affected facility that the standards regulate. Section 129 requires us 
to regulate nine pollutants: cadmium, carbon monoxide, dioxins/furans, 
fine and total particulate matter, hydrogen chloride, lead, mercury, 
oxides of nitrogen, and sulfur dioxide. Under section 129, opacity 
standards may also be required as appropriate.
    4. Maximum achievable control technology means the technology on 
which the emission standards will be based. Section 129(a)(2) specifies 
that standards be based on ``the maximum degree of reduction in 
emissions . . . that the Administrator, taking into consideration the 
cost of achieving such emission reduction, and any nonair quality 
health and environmental impacts and energy requirements, determines is 
achievable * * *. '' (Note that the basis of these solid waste 
incineration standards is different from that of the typical NSPS under 
section 111. The basis of the typical NSPS is ``best demonstrated 
technology.'' These solid waste incineration NSPS are based on MACT 
and, in this sense, therefore, are similar to national emission 
standards for hazardous air pollutants (NESHAP) for new sources under 
section 112.)
    5. Format means the form in which the standards are expressed; for 
example, as pollutant concentration emission limitations, as a percent 
reduction in emissions, or as equipment or work practice requirements.
    6. Standards generally means emission limitations based on the 
level of reduction that the MACT can achieve. Under certain 
circumstances, it may not be possible to develop emission limitations 
if the level of performance cannot be identified. Only in unusual cases 
do standards require that a specific technology be used. In general, 
the source owner or operator may select any method for complying with 
the emission limitations.
    7. Other considerations. In addition to emission limitations, NSPS 
usually include monitoring requirements, performance test methods and 
compliance procedures, and reporting and recordkeeping requirements. 
Section 129 also directs EPA to establish siting requirements for new 
incineration units and operator certification and training requirements 
for all units.

F. What Are Emission Guidelines?

    The EG are similar to the NSPS, except that they apply to existing 
sources, that is, sources whose construction begins on or before the 
date the NSPS is proposed, or sources that are reconstructed or 
modified before a specified date. Unlike NSPS, the EG are not 
enforceable until EPA approves a State plan or adopts a Federal plan 
for implementing and enforcing them, and the State or Federal plan 
becomes effective. (Note that the basis of these solid waste 
incineration guidelines is different from that of the typical EG under 
section 111. The basis of the typical EG is ``best demonstrated 
technology.'' These solid waste incineration EG are based on MACT and, 
in this sense, therefore, are similar to national emission standards 
for hazardous air pollutants (NESHAP) for existing sources under 
section 112.)

G. How Are the Emission Guidelines Implemented?

    When EG are promulgated under sections 111(d) and 129(b), the CAA 
requires States to adopt and submit to EPA for approval a State plan 
implementing the EG within 1 year after the promulgation of the EG 
(section 129(b)(2)). Section 129 requires that the State plan must be 
at least as protective as the EG and must provide for compliance by 
affected facilities no later than 3 years after the Administrator 
approves the State plan, but no later than 5 years after EPA 
promulgates the EG. Sections 111(d) and 129(b) also require EPA to 
develop, implement, and enforce a Federal plan if a State fails to 
submit a satisfactory State plan.

II. Summary of the NSPS and EG

    This preamble discusses the major requirements of the NSPS and EG 
as they apply to you, the owner or operator of a new or existing CISWI 
unit.

A. Do the Standards and Guidelines Apply to Me?

    The standards and guidelines apply to you if you own or operate a 
combustion device that combusts commercial and industrial waste (as 
defined in Sec. 60.2265 of the NSPS and Sec. 60.2875 of the EG). 
Commercial and industrial waste is solid waste combusted in an enclosed 
device using controlled flame combustion without energy recovery that 
is a distinct operating unit of any commercial or industrial facility 
(including field-erected, modular, and custom built incineration units 
operating with starved or excess air), or solid waste combusted in an 
air curtain incinerator without energy recovery that is a distinct 
operating unit of any commercial or industrial facility.
    Fifteen types of combustion units, which are listed in Sec. 60.2020 
of the NSPS and Sec. 60.2555 of the EG, are exempt from these standards 
and guidelines.
    If you began the construction of your CISWI unit on or before 
November 30, 1999, it is considered an existing CISWI unit and is 
subject to the EG. If you began the construction of your CISWI unit 
after November 30, 1999, it is considered a new CISWI unit and is 
subject to the NSPS.
    If you began reconstruction or modification of your CISWI unit 
prior to June 1, 2001, it is considered an existing CISWI unit and is 
subject to the EG. Likewise, if you began reconstruction or 
modification of your CISWI unit on or after June 1, 2001, it is 
considered a new CISWI unit and is subject to the NSPS.

B. What Emission Limitations Must I Meet?

    As the owner or operator of a new or existing CISWI unit, you are 
required to meet the emission limitations specified in Table 1 of this 
preamble. You must conduct a performance test to show compliance within 
60 days after a new CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the unit's initial startup.
    As the owner or operator of an existing CISWI unit, you are 
required to meet the emission limitations specified in Table 1 within 3 
years after the Administrator approves the State plan or promulgates a 
Federal plan. Each existing CISWI unit must be in compliance within 5 
years of promulgation of the EG.

                         Table 1.--Emission Limitations for New and Existing CISWI Units
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                                     You must meet these emission
       For these pollutants                 limitations a           And determine compliance using these methods
-----------------------------------------------------------------------------------------b----------------------
Cadmium...........................  0.004 mg/dscm................  EPA Method 29.
Carbon Monoxide...................  157 ppm by dry volume........  EPA Methods 10, 10A, or 10B.
Dioxins/Furans (TEQ basis)........  0.41 ng/dscm.................  EPA Method 23.
Hydrogen Chloride.................  62 ppm by dry volume.........  EPA Method 26A.

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Lead..............................  0.04 mg/dscm.................  EPA Method 29.
Mercury...........................  0.47 mg/dscm.................  EPA Method 29.
Opacity...........................  10 percent...................  EPA Method 9.
Oxides of Nitrogen................  388 ppm by dry volume........  EPA Methods 7, 7A, 7C, 7D, or 7E.
Particulate Matter................  70 mg/dscm...................  EPA Method 5 or 29.
Sulfur Dioxide....................  20 ppm by dry volume.........  EPA Method 6 or 6c.
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a All emission limitations (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions.
b These methods are in 40 CFR part 60, appendix A.

C. What Operating Limits Must I Meet?

    If you are using a wet scrubber to comply with the emission 
limitations, you must establish the maximum and minimum site-specific 
operating limits indicated in Table 2 of this preamble. You must then 
operate the CISWI unit and wet scrubber so that the operating 
parameters do not deviate from the established operating limits.

                 Table 2.--Operating Limits for New and Existing CISWI Units Using Wet Scrubbers
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                                          You must establish these operating    And monitor continuously using
     For these operating parameters                     limits                       these recording times
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Charge rate............................  Maximum charge rate................  Every hour.
Pressure drop across the wet scrubber,   Minimum pressure drop or amperage..  Every 15 minutes.
 or amperage to the wet scrubber.
Scrubber liquor flow rate..............  Minimum flow rate..................      Do.
Scrubber liquor pH.....................  Minimum pH.........................      Do.
----------------------------------------------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators,
  which is determined on a daily basis.

    If you are using an air pollution control device other than a wet 
scrubber to comply with the emission limitations, you must petition the 
Administrator for other site-specific operating limits to be 
established during the initial performance test and continuously 
monitored thereafter. The required components of the petition are 
described in Sec. 60.2115 of the NSPS and Sec. 60.2680 of the EG.
    If you are using a fabric filter to comply with the emission 
limitations, in addition to other operating limits as approved by the 
Administrator, you must operate the 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.

D. What are the other requirements?

    As the owner or operator of a new or existing CISWI unit, you are 
required to meet the following additional requirements.

Siting Analysis (new units only):
     Submit a report that evaluates site-specific air pollution 
control alternatives that minimize potential risks to public health or 
the environment, considering costs, energy impacts, nonair 
environmental impacts, or any other factors related to the 
practicability of the alternatives.

Waste Management Plan:
     Submit 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 to reduce or eliminate toxic emissions from 
incinerated waste.

Operator Training and Qualification Requirements:
     Qualify operators or their supervisors (at least one per 
facility) by ensuring that they complete an operator training course 
and annual review or refresher course.

Testing Requirements:
     Conduct initial performance tests for cadmium, carbon 
monoxide, dioxins/furans, hydrogen chloride, lead, mercury, nitrogen 
oxides, opacity, particulate matter, and sulfur dioxide and establish 
operating limits (i.e., maximum or minimum values for operating 
parameters).
     Conduct annual performance tests for particulate matter 
and hydrogen chloride emissions and opacity. (An owner or operator may 
conduct less frequent testing if the facility demonstrates that it is 
in compliance with the emission limitations for 3 consecutive years.)

Monitoring Requirements:
     If using a wet scrubber to comply with the emission 
limitations, continuously monitor the following operating parameters: 
charge rate, pressure drop across the wet scrubber (or amperage), and 
scrubber liquid flow rate and pH.
     If something other than a wet scrubber is used to comply 
with the emission limitations, monitor other operating parameters, as 
approved by the Administrator.
     If using a fabric filter to comply with the emission 
limitations, in addition to monitoring other operating parameters as 
approved by the Administrator, you must install and operate a bag leak 
detection system with an alarm.

Recordkeeping and Reporting Requirements:
     Maintain for 5 years records of the initial performance 
tests and all subsequent performance tests, operating parameters, any 
maintenance, the siting analysis (for new units only), and operator 
training and qualification.
     Submit the results of the initial performance tests and 
all subsequent performance tests and values for the operating 
parameters.

[[Page 75342]]

E. What Are the Requirements for Air Curtain Incinerators?

    The NSPS and EG establish opacity limitations for air curtain CISWI 
units burning:
     100 percent wood wastes,
     100 percent clean lumber, or
     100 percent mixture of only wood waste, clean lumber, and/
or yard waste.
    The opacity limitation is 10 percent, except 35 percent opacity is 
allowed during startup periods that are within the first 30 minutes of 
operation.

III. Significant Issues and Changes

    A total of 95 comments letters were received during the public 
comment period for the proposed CISWI rule, which ended on January 31, 
2000. Among the comments received, the most significant issues 
addressed applicability, the definition of solid waste, and the MACT 
floor approach and emission limitations. The issues are addressed 
below, and other issues raised in the comments are addressed in a 
comment and response document contained in the docket.

A. Are very small municipal waste combustion units covered?

    Commenters questioned whether very small municipal waste combustion 
(MWC) units (i.e., units that combust less than 35 tons (31.8 
megragrams (Mg)) of municipal solid waste per day) are covered by the 
proposed NSPS and EG. We did not intend to cover very small MWC units, 
and the final NSPS and EG have been clarified to ensure they are not 
covered.
    The intent of the NSPS and EG for CISWI units is to cover 
incinerators burning commercial and industrial solid waste, not 
combustors burning municipal solid waste.

B. Are cyclonic barrel burners covered?

    Several commenters questioned whether cyclonic barrel burners are 
covered by the proposed NSPS and EG. We did not intend to cover 
cyclonic barrel burners, and the final NSPS and EG have been clarified 
to ensure they are not covered.
    A cyclonic barrel burner is a portable device for burning materials 
that can be attached to a 55 gallon, open-head drum. The device 
consists of a lid that fits onto the drum and is connected to a blower 
that feeds combustion air to the drum in a cyclonic or swirling manner 
to enhance the combustion of the material. We were not aware of the 
small combustion devices when developing the proposed regulations, and, 
as a result, had no information on the devices. Information on cyclonic 
barrel burners is currently being gathered, and the devices will be 
evaluated separately from the CISWI category.

C. Has the Definition of a CISWI Unit or Solid Waste Changed?

    Section 129(g)(1) and (6) create a specialized definition of 
``solid waste incineration unit'' that depends in part on the 
definition of ``solid waste'' contained in section 1004(27) of the 
Resource Conservation and Recovery Act (RCRA). The overall intent of 
the CAA provisions is that section 129 rules are to apply to devices 
conventionally regarded as incinerators, that is, devices burning 
wastes in order to destroy the wastes. For purposes of promulgating 
regulations applicable to commercial and industrial solid waste 
incinerators, it is particularly important to distinguish between units 
that will be regulated as boilers as well as other devices whose 
primary purpose is energy recovery (such as process heaters), and 
devices that will be regulated as incinerators under section 129 of the 
CAA. The distinction is necessary to avoid dual regulation of the many 
combustion units in use at commercial and industrial facilities that 
function as energy recovery devices and may be subject to regulation 
under other sections of the CAA.
    Our proposed definitions of solid waste and CISWI unit reflected 
this broad principle of distinguishing boilers and other energy 
recovery devices from incinerators. However, as explained below, our 
proposed definitions proved inadequate to distinguish boilers from 
incinerators within the category of sources. Therefore, in the final 
NSPS and EG, we have modified our definitions of solid waste and CISWI 
unit.
    For purposes of this rule, we are adopting a revised definition of 
solid waste that reflects the definition in the Solid Waste Disposal 
Act (SWDA) and which is reiterated in the regulation promulgated by the 
Administrator pursuant to the SWDA. We emphasize that the definition is 
adopted solely for purposes of section 129 in order to implement the 
principles of that section. We note that the RCRA regulatory definition 
of solid waste, which effectively determines the scope of the 
regulatory program for hazardous wastes (since hazardous wastes are a 
subset of solid wastes (see RCRA section 1004(5)), defines secondary 
materials burned for energy recovery as solid wastes (40 CFR 
261.2(c)(2)). The classification implements both an explicit directive 
in RCRA to regulate wastes burned for energy recovery (RCRA sections 
3004(q), (r) and (s)), as well as the RCRA statutory definition of 
solid waste. See also Horsehead Resource Development Corp. v. Browner, 
16 F. 3d 1246 (D.C. Cir. 1994) (upholding the rules implementing RCRA 
section 3004(q)). We reemphasize that the final CISWI NSPS and EG in no 
way affect those existing (and long-standing) RCRA provisions or 
reflect any type of Agency decision about the permissible scope of the 
RCRA statutory definition of solid waste. Our purpose here is only to 
adapt that definition to reflect the regulatory purpose of CAA section 
129.
    Many commenters stated that the definitions of solid waste and 
CISWI unit in the proposed NSPS and EG were too broad, and, therefore, 
would inappropriately cover some boilers, process heaters, and possibly 
other units that recover energy from the burning of fuels. The 
commenters stated their belief that commercial and industrial 
combustion units that recover energy were intended to be regulated 
under section 112 of the CAA, and that only incinerators that burn 
wastes for destruction alone were intended to be regulated as CISWI 
units.
    The comments pointed to two primary reasons why the proposed NSPS 
and EG for CISWI units would inadvertently cover some units that 
recover energy, such as boilers and process heaters. First, many 
legitimate energy recovery units are physically separated from their 
associated energy recovery systems. The units would not meet the 
requirement that heat recovery must be part of a unit's ``integral'' 
design for it not to be considered a CISWI unit. Second, the universe 
of materials burned for energy recovery is much broader than those 
defined as ``fuels.'' For example, several of today's combustion 
technologies and some new emerging technologies can burn materials for 
energy recovery having heat values less than the proposed 5,000 British 
thermal units per pound (Btu/lb) threshold for considering a material a 
fuel.
    As a result, the commenters suggested that the NSPS and EG for 
CISWI units be changed so that units that recover energy not be 
considered incinerators. Without such a change, units could be 
regulated both as CISWI units under section 129 and as boilers, for 
example, under section 112. Such a potential overlap in regulations 
could create confusion as well as inconsistent and conflicting 
regulatory requirements, according to some commenters.
    We agree that units physically separated from their associated 
energy recovery systems may be legitimate energy recovery devices. 
Therefore, we

[[Page 75343]]

have deleted from the final NSPS and EG the requirement for energy 
recovery to be part of the unit's ``integral'' design for it not to be 
considered a CISWI unit. Additionally, we have added a definition of 
energy recovery. Furthermore, we agree that several of today's 
combustion technologies, including some emerging technologies, may be 
capable of burning materials with a heat value of less than 5,000 Btu/
lb to recover energy. Therefore, we have deleted the requirement from 
the definition of solid waste in the final NSPS and EG.
    As we indicated in the preamble to the November 1999 proposal, the 
main purpose of the proposed definition of nonhazardous solid waste was 
to identify which materials when burned by CISWI units would be subject 
to regulations developed under section 129, and which materials when 
burned would be subject to regulations to be developed under section 
112. Consideration of the above comments led us to conclude that the 
proposed definitions of ``CISWI unit'' and ``solid waste'' created the 
potential for overlap with rules we are developing under section 112, 
such as the boiler MACT.
    The primary difference between incinerators and boilers is that 
incinerators burn materials for the purpose of disposal, whereas 
boilers burn materials for the purpose of recovering energy. Thus, we 
believe the concept of energy recovery is the key to distinguishing 
between CISWI units (which will be regulated under section 129) and 
boilers (which will be regulated under section 112). Specifically, 
commercial and industrial units burning materials without energy 
recovery are disposing of the materials, that is, they are treating 
such materials as commercial or industrial waste, and they should be 
regulated as CISWI units under section 129. In contrast, commercial and 
industrial units burning materials with energy recovery, that is, 
treating such materials as fuel, should be regulated under section 112.
    In order to address the concerns raised by commenters, and to 
provide a clear distinction between CISWI units and combustion devices 
that will be covered by regulations promulgated under section 112 of 
the CAA, we have included in the final NSPS and EG a definition of 
``commercial and industrial waste.'' We define commercial and 
industrial waste as any solid waste combusted in an enclosed device 
using controlled flame combustion without energy recovery that is a 
distinct operating unit of any commercial or industrial facility 
(including field-erected, modular, and custom built incineration units 
operating with starved or excess air), or solid waste combusted in an 
air curtain incinerator without energy recovery that is a distinct 
operating unit of any commercial or industrial facility.
    With the changes, we believe the final NSPS and EG will avoid the 
possibility of double coverage under section 129 and section 112.

D. Which Elements of the Definition of Solid Waste Have Been Retained 
and Clarified?

    For additional clarity, the exemptions from the CISWI rules for 
units burning municipal solid waste, hospital/medical/infectious waste, 
and hazardous wastes under the RCRA have been retained and are now 
included in the applicability sections (Sec. 60.2020 of the NSPS; 
Sec. 60.2555 of the EG). The solid waste definition refers to the 
exemptions from the CISWI NSPS and EG. In addition, the exemption for 
units that burn materials for the purpose of recovering their chemical 
constituents is now included in the applicability sections of the CISWI 
NSPS and EG. The exemption has also been expanded by increasing the 
list of units that burn materials for the purpose of recovering their 
chemical constituents. Owners or operators who believe their unit is 
not a CISWI unit may petition the Administrator to add their unit to 
the list.
    Finally, one commenter stated that the definition of solid waste in 
40 CFR part 261 applies to nonhazardous solid waste. Therefore, the 
commenter believes that EPA must use that definition and is not free to 
redefine solid waste for the purpose of section 129.
    Section 129 does not define nonhazardous solid waste, but directs 
EPA to use the meaning of solid waste established by the Administrator 
pursuant to the SWDA. To develop and implement the hazardous waste 
regulatory program authorized by the SWDA, the Administrator adopted a 
definition of hazardous waste pursuant to the SWDA. It is true that 40 
CFR part 261 defines solid waste; however, 40 CFR 261.1(b)(1) states 
explicitly that the definition is only for the purpose of materials 
that are hazardous wastes.
    The Administrator has included in the final NSPS and EG the 
definition of solid waste from the SWDA and is establishing the 
definition jointly under the authority of the CAA and the SWDA. The 
purpose of the definition is solely to identify nonhazardous solid 
waste for the purpose of the CISWI regulations.

E. Were Significant Issues Raised Regarding EPA's Approach to Setting 
the Proposed Standards and Guidelines, and Has EPA Made Any Changes?

    The significant comments received on EPA's approach to setting the 
standards and guidelines, and the changes that have been made in 
response to these comments, are discussed below.
1. What Is EPA's General Approach to Setting the MACT Floors?
    One commenter stated that EPA's technology-based approach to 
determining the MACT floors is unlawful and that the resulting MACT 
floors do not reasonably reflect the actual performance of the best 
performing 12 percent of existing units or the expected performance of 
the best controlled similar unit. Moreover, the commenter stated that 
the ``worst emission test result for any unit using a particular 
technology does not reasonably reflect the actual performance of the 
best performing unit.'' As a result, the commenter concluded that the 
MACT emission limitations are not as stringent as the CAA requires. 
Generally, we disagree with the commenter for the following reasons.
    Section 129(a)(2) of the CAA specifies that the emission 
limitations for existing units shall not be less stringent than the 
average emission limitation achieved by the best performing 12 percent 
of units in the category, and for new units shall not be less stringent 
than the emission control that is achieved in practice by the best 
controlled similar unit. The emission limitation associated with the 
above criteria for a pollutant is referred to as the ``MACT floor'' for 
that pollutant. With respect to new units, EPA interprets ``achieved in 
practice'' to mean achieved under the worst foreseeable circumstances, 
consistent with National Lime Ass'n v. EPA, 627 F. 2d 416, 431 n.46 (DC 
Cir. 1980). Moreover, EPA views the phrase ``best controlled similar 
source'' as encompassing all units using the same control technology as 
the unit with the best observed performance, rather than just that unit 
itself. Consequently, the MACT floor for new units is based on the 
highest data point from a unit using the ``best'' technology, since 
such a value is a reasonable estimate of the performance of the ``best 
controlled similar unit'' under the worst foreseeable circumstances. 
The approach is reasonable because the most informative way to predict 
the worst reasonably foreseeable performance of the best controlled 
unit, with the available data, is to examine the

[[Page 75344]]

performance of other units that use the same control technology. In 
other words, EPA considers all units with the same control technology 
to be equally well controlled, and each unit with the best control 
technology is a ``best controlled similar unit'' even if the emissions 
test results from such units vary considerably.
    As discussed at proposal, to determine the MACT floors for the 
pollutants listed in section 129 of the CAA, we examined our CISWI unit 
database to identify the various emission control technologies 
(including the absence of emission control technology) that were in use 
on CISWI units. We then ranked the technologies on a pollutant-by-
pollutant basis in terms of their emission control performance 
capabilities. For example, wet scrubbers (and fabric filters in the 
case of particulate emissions) were ranked higher than other 
technologies because they are capable of greater emissions reductions.
    Using the ranking of emission control technologies, we were able to 
identify for each pollutant the best performing CISWI units. Because 
comprehensive emission test data are not available for each of the best 
performing CISWI units, we were unable to identify the specific 
emission control performance achieved by each unit. As a result, we 
considered the best performing CISWI units which used the same emission 
control technology as equally well controlled.
    We then examined the best performing 12 percent of CISWI units, as 
well as the best performing CISWI unit, to identify the emission 
control technology which represents the MACT floor for each pollutant 
for existing and new CISWI units. For existing units, this was 
accomplished by identifying the emission control technology used by the 
median of the best performing 12 percent of units (i.e., the CISWI unit 
representing the 94th percentile). (Because technologies cannot be 
``averaged'' in the same way that numbers are averaged, the average 
performance of the emission control technology used by the best 
performing 12 percent of units is best represented by the technology in 
the middle of the range of the best performing 12 percent of units, 
i.e., the median.) Similarly, for new units, this was accomplished by 
identifying the emission control technology used by the best performing 
CISWI unit for each pollutant.
    Using this approach, the emission control technology identified as 
representing the MACT floor for each pollutant was determined to be the 
same for both new and existing CISWI units. As discussed at proposal, 
the use of a wet scrubbing system, or other equivalent emission control 
technology (such as use of a fabric filter system for particulate 
matter control), is the emission control technology which represents 
the MACT floor for both existing and new CISWI units. The MACT floor 
can be identified, therefore, by determining the emission limitations 
which are achieved by wet scrubbing systems on CISWI units.
    As a result, having identified the emission control technology 
which represents the MACT floor, it was then necessary to determine the 
emission limitations ``achieved'' by this emission control technology 
for each pollutant. This determination is not, as this one commenter 
appears to suggest, simply a matter of looking at the test results from 
a single CISWI unit or generating a numerical average of the test data 
from all CISWI units employing the MACT technology. Such an approach 
fails to consider the inherent and unavoidable variability associated 
with the incinerators in the CISWI category. Consequently, such an 
approach does not accurately identify the actual emissions performance 
of existing units that use the MACT technology, or the level of 
performance which is achievable by a CISWI unit operating with this 
emission control technology under the worst reasonably foreseeable 
circumstances.
    Examining emission data from a number of CISWI units using the same 
emission control technology gives us the best picture of the actual 
performance and the performance capability of this technology. It 
enables us to take into consideration the inherent variability 
associated with the incinerators in the CISWI category, and it allows 
us to identify the emission limitations achieved in practice under the 
worst reasonably foreseeable circumstances.
    There are between 4 and 14 emission tests available for CISWI units 
controlled by wet scrubbing systems for each pollutant (with the 
exception of dioxins/furans, mercury, and hydrogen chloride, where 
fewer tests are available). As expected, there is considerable 
variation among the emission values from the emission tests for each 
pollutant as a result of the unavoidable process and operational 
variability within CISWI units (e.g., variations in waste combusted, 
incinerator design and operation, etc.). Because this variability 
occurs among all CISWI units and because there is no clear explanation 
for this variability, it is reasonable to expect that there will always 
be a variation in emissions among CISWI units controlled by wet 
scrubbing systems.
    Another way to view this emission variability among CISWI units is 
to consider each emission test as a ``snapshot'' of actual performance 
taken at one moment in time. Taken together, the snapshots provide a 
picture of the unavoidable variation in emissions expected to occur and 
recur over time at every similarly controlled CISWI unit. Absent 
additional information, there is no reason to believe that any observed 
emission value (i.e., the emission level measured during a test) from a 
CISWI unit controlled with wet scrubbing could be prevented from 
occurring at any other CISWI unit also controlled by wet scrubbing.
    As a result, the most reasonable methodology for determining the 
performance of wet scrubbing systems on CISWI units (i.e., the MACT 
floor) is to examine the emission values for all similarly controlled 
CISWI units (excluding any emission values from tests that did not 
represent a proper functioning CISWI unit or wet scrubbing system). 
Thus, for a given pollutant, the most reasonable estimate of the MACT 
floor emission limitation ``achieved'' by the best performing 12 
percent of CISWI units (or the best performing CISWI unit) is 
represented by the highest emission value observed from a CISWI unit 
using wet scrubbing.
    We adopted this approach to ensure that the MACT floor emission 
limitations represent, as accurately as possible, what the best 
performing 12 percent of existing units is actually achieving, and what 
the best performing CISWI unit can be reasonably expected to achieve. 
Despite the commenters objections, we continue to believe that this is 
the most appropriate methodology for evaluating the performance of 
units in the CISWI category, given the inherent and unavoidable 
variability in emissions among these units and the limited emissions 
data available. Therefore, we continue using this approach to determine 
the MACT floors.
2. Will EPA Allow Compliance on a Percent Reduction Basis?
    Several commenters recommended that we include percent reduction 
requirements for some pollutants, as alternatives to the emission 
limitations, to accommodate the variability in emissions among CISWI 
units.
    As outlined above, we believe the emission limitations in the final 
standards and guidelines reasonably incorporate the variability 
associated with CISWI units using wet scrubbing systems (which is the 
basis for MACT as well as the MACT floor). Thus, we do not believe that 
alternative percentage

[[Page 75345]]

reduction requirements are necessary or would serve to provide emission 
limitation alternatives more representative of the actual performance 
of CISWI units. For these reasons, EPA is not including percent 
reduction requirements in the final rule.
3. How did EPA Establish Emission Limitations for Dioxins/Furans, 
Mercury, and Hydrogen Chloride?
    Some commenters stated that the emission test data upon which 
several of the MACT emission limitations were based at proposal were 
extremely limited and, as a result, the limitations are not necessarily 
achievable in practice because they may not be representative of actual 
CISWI unit performance. Several of the commenters suggested that we 
consider the use of emission data from rulemakings which establish 
standards for sources that utilize similar emission control equipment 
under conditions comparable to units in the CISWI category.
    As discussed above, a number of emission tests from CISWI units 
were available to determine the MACT emission limitations for most 
pollutants. However, for three pollutants, dioxins/furans, mercury, and 
hydrogen chloride, there were only one or two emission tests from CISWI 
units. As we noted at proposal, such limited data may not provide a 
sufficient basis to establish MACT emission limitations for the 
pollutants in this category (particularly given the degree of 
variability among CISWI units). Consequently, we decided not to rely 
only on the emission tests to determine the MACT emission limitations 
for the three pollutants.
    While the provisions of section 129 identify a general minimum 
stringency for MACT emission limitations, there is nothing about how 
MACT emission limitations are to be calculated, that is, the provisions 
do not identify a specific procedure or type of information that EPA 
must use. Thus, we generally have wide latitude in determining the 
extent of data gathering necessary to establish emission limitations. 
We believe it is appropriate to use any data available (such as 
emission test results, operating permit limitations, engineering 
calculations, control equipment specifications, or other reliable 
information) that provide information useful for generating a 
reasonable estimate of the performance of units within a category.
    Accordingly, where the emission data from units within a category 
are incomplete, we may augment our analysis with supplementary 
information to determine MACT emission limitations. Provided that the 
augmented emission data we use to generate the MACT emission 
limitations provide a good proxy for the best performing units in the 
category, it is irrelevant that the actual test data available from 
units in the category are incomplete. Similarly, if our analysis 
provides a reasonable representation of the actual performance of units 
in the category, we may consider relevant supplemental information from 
any available source. Courts have ruled that EPA need not invest 
resources to conduct the perfect study, provided that our approach 
bears a rational relationship to the reality it purports to represent 
(See Sierra Club v. EPA, 167 F. 3d 658, 663 (D.C. Cir. 1999)).
    Thus, because emission data for dioxins/furans, mercury, and 
hydrogen chloride emissions from CISWI units controlled by wet 
scrubbing systems are extremely limited, we have augmented the data 
with emission data from similarly controlled units outside of the CISWI 
category. This approach allows us to better characterize the actual 
dioxins/furans, mercury, and hydrogen chloride emission limitations 
achieved by units in the CISWI category by providing additional 
information regarding the performance of wet scrubbers under conditions 
similar to those experienced by CISWI units.
    Hazardous waste incinerator (HWI) units without waste heat recovery 
that are controlled with wet scrubbing systems serve as a valuable 
source of supplementary data for emissions of dioxins/furans. (Units in 
the CISWI category that were used to establish the emission limitations 
did not incorporate waste heat recovery, and it is not the intent of 
this rulemaking to cover such units.) These types of HWI units are 
generally similar to CISWI units that are controlled by wet scrubbing 
systems. Thus, it is reasonable to conclude that the emissions 
performance of HWI units without waste heat boilers and controlled with 
wet scrubbing systems is comparable to that of CISWI units controlled 
with wet scrubbing systems.
    As a result, we combined dioxins/furans emission data from HWI 
units without waste heat recovery boilers and controlled with wet 
scrubbing systems with the dioxins/furans emission data for CISWI units 
controlled with wet scrubbing systems. We then determined the MACT 
emission limitation for dioxins/furans as discussed above. The 
resulting emission limitation included in the final NSPS and EG is 0.41 
nanograms per dry standard cubic meter (ng/dscm) toxic eqivalency (TEQ) 
(Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units; Notice of Data Availability, August 28, 2000, 65 FR 
52058).
    Unfortunately, with respect to the other two pollutants for which 
CISWI test data are extremely limited (mercury and hydrogen chloride), 
it is inappropriate to use emission data from HWI units to supplement 
the CISWI unit data. The mercury and hydrogen chloride emission data 
available from HWI units are based on the use of a different emission 
control technology than wet scrubbing systems, and this prevents us 
from combining mercury and hydrogen chloride emission data from HWI 
units with that from CISWI units. Since appropriate HWI data were not 
available, we identified another source of data to augment mercury and 
hydrogen chloride emission data from CISWI units controlled by wet 
scrubbing systems.
    Hospital, medical, and infectious waste incinerator (HMIWI) units 
controlled with wet scrubbing systems serve as a valuable source of 
supplementary data for mercury and hydrogen chloride. Those HMIWI units 
are also generally similar to CISWI units that are controlled by wet 
scrubbing systems. Thus, it is reasonable to conclude that the mercury 
and hydrogen chloride emission performance achieved by HMIWI units 
controlled with wet scrubbing systems is comparable to that of CISWI 
units controlled with wet scrubbing systems.
    As a result, we combined mercury and hydrogen chloride emission 
data from HMIWI units controlled with wet scrubbing systems with the 
mercury and hydrogen chloride emission data from CISWI units controlled 
with wet scrubbing systems. We then determined the emission limitations 
for mercury and hydrogen chloride as discussed above. The resulting 
emission limitations included in the final NSPS and EG are 0.47 mg/dscm 
for mercury and 62 parts per million by volume, dry basis (ppmdv) for 
hydrogen chloride (Standards of Performance for New Stationary Sources 
and Emission Guidelines for Existing Sources: Commercial and Industrial 
Solid Waste Incineration Units; Notice of Data Availability, August 28, 
2000, 65 FR 52058).
    This process for augmenting the CISWI data with appropriate HWI or 
HMIWI data results in dioxins/furans, mercury, and hydrogen chloride 
emission limitations which more accurately represent the levels of such 
emissions actually achieved by CISWI units employing the MACT 
technology

[[Page 75346]]

(wet scrubbing systems). This approach to developing the emission 
limitations provides a reasonable proxy for the actual performance of 
the best performing CISWI units and is the most appropriate method, 
under the circumstances, for EPA to identify the emission limitations 
that are achieved by such units.

(Note: While we believe that emission data for dioxins/furans, 
mercury, and hydrogen chloride from the HWI and HMIWI categories are 
useful for augmenting the CISWI data where insufficient CISWI 
emission data are available, we do not believe that HWI, HMIWI, and 
CISWI units should generally be characterized as similar units for 
the purpose of determining MACT emission limitations for all CISWI 
pollutants.)
4. How did EPA Establish Emission Limitations for Lead and Cadmium?
    In reviewing the CISWI database to address comments following 
proposal, we found that, despite our earlier efforts to rigorously 
screen the database, the unit responsible for the highest recorded 
emissions of lead and cadmium (which drove the MACT emission 
limitations for the pollutants) was not a CISWI unit. As a result, this 
unit was removed from the CISWI database, resulting in a change in the 
lead and cadmium MACT emission limitations. Following the methodology 
outlined above, the final MACT emission limitations included in the 
final NSPS and EG are 0.04 mg/dscm for lead and 0.004 mg/dscm for 
cadmium.

IV. Impacts of the Final NSPS and EG

    The air impacts of the NSPS and EG were reestimated as a result of 
revising the emission limitations for new and existing CISWI units. 
Because the estimates of water, solid waste, energy, cost, and economic 
impacts depend solely on the technology upon which the MACT limits are 
based, and because the technology remains the same as proposed, there 
were no changes in other impacts.

A. What Are the Air Impacts for New Units?

    To illustrate the potential emissions reductions achieved by the 
NSPS with respect to new CISWI units, we modeled hypothetical CISWI 
units with capacities of 100 and 1,500 pounds per hour (lb/hr) (45 and 
680 kilograms per hour (kg/hr)) and estimated the impacts associated 
with application of wet scrubbers. The resulting impact estimates 
(i.e., the difference in emissions between a CISWI unit with a wet 
scrubber and an uncontrolled CISWI unit) are presented in Table 3 of 
this preamble.

                              Table 3.--Emissions Reductions on a Model Unit Basis
----------------------------------------------------------------------------------------------------------------
                                                             Emissions Reduction, tons/yr (Mg/yr)
                                             -------------------------------------------------------------------
                  Pollutant                               100 lb/hr                        1500 lb/hr
                                             -------------------------------------------------------------------
                                                 (45 kg/hr)        Capacity       (680 kg/hr)        Capacity
----------------------------------------------------------------------------------------------------------------
Cadmium.....................................      1.5 x 10 -5    (1.4 x 10 -5)      3.1 x 10 -4    (2.8 x 10 -4)
Dioxins/furans (TEQ)........................      2.0 x 10 -9    (1.8 x 10 -9)      4.2 x 10 -8    (3.9 x 10 -8)
Hydrogen chloride...........................              1.5            (1.4)             32.3           (29.3)
Lead........................................      1.9 x 10 -4    (1.7 x 10 -4)      4.0 x 10 -3    (3.6 x 10 -3)
Mercury.....................................      6.5 x 10 -4    (5.9 x 10 -4)             0.01           (0.01)
Particulate matter..........................             0.50           (0.45)             10.8            (9.8)
Sulfur dioxide..............................             0.38           (0.35)              7.9            (7.2)
----------------------------------------------------------------------------------------------------------------

B. What are the air impacts for existing units?

    Table 4 of this preamble summarizes the national air emission 
impacts of the EG. The impacts are expressed in two ways. First, the 
impacts are expressed as annual nationwide mass emissions reductions; 
and second, as percent reductions compared to current estimated 
national emissions for existing CISWI units.

                             Table 4.--Emissions Reductions for Existing CISWI Units
----------------------------------------------------------------------------------------------------------------
                                                                      National Emissions Reduction
                             Pollutant                             ----------------------------------  Percent 1
                                                                        Tons/yr          (Mg/yr)
----------------------------------------------------------------------------------------------------------------
Cadmium...........................................................             0.01           (0.01)          56
Dioxins/furans (TEQ)..............................................      1.8 x 10 -6    (1.6 x 10 -6)          65
Hydrogen chloride.................................................             1315           (1193)          89
Lead..............................................................             0.15           (0.14)          62
Mercury...........................................................             0.56           (0.51)          34
Particulate matter................................................              409            (371)          71
Sulfur dioxide....................................................              324            (294)         72
----------------------------------------------------------------------------------------------------------------
\1\ Percent reduction from current (baseline) emissions.

V. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a regulatory action is ``significant'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affects in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or

[[Page 75347]]

    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified us 
that it considers this a ``significant regulatory action'' within the 
meaning of the Executive Order. As a result, we submitted this action 
to OMB for review. Changes made in response to OMB suggestions or 
recommendations are documented in the public record.
    Section 129 of the CAA requires EPA to adopt NSPS and EG for CISWI 
units. These NSPS and EG must be based on MACT, which is defined as the 
maximum degree of reduction in emissions of air pollutants, taking into 
consideration the cost of achieving the reductions and any nonair 
quality health and environmental impacts and energy requirements, that 
the Administrator determines is achievable. The MACT for the NSPS must 
be no less stringent than the emission reduction achieved by the best 
controlled source, and MACT for the EG must be no less stringent that 
the emission reduction achieved by the average of the best controlled 
12 percent of sources. These minimum requirements are referred to as 
the floor, and more stringent requirements are referred to as beyond-
the-floor.
    To determine MACT, we examined two alternatives. The first 
reflected the floor (i.e., wet scrubbing); the second reflected a 
beyond-the-floor option (i.e., wet scrubbing followed by carbon 
injection and a fabric filter). Taking into consideration the cost of 
achieving the emission reductions and any nonair quality health and 
environmental impacts and energy requirements, the Administrator 
determined that the first alternative is MACT.
    The total national annualized cost impact of this regulatory action 
is estimated as $11.6 million per year, assuming those CISWI units 
currently operating without wet scrubbers would install wet scrubbers 
in order to comply with the emission limits in the NSPS and EG. As a 
result, emissions (consisting primarily of hydrogen chloride, 
particulate matter, and sulfur dioxide) would be reduced by 2048 tons 
per year.

B. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires us to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, we may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or we consult 
with State and local officials early in the process of developing the 
regulation. We also may not issue a regulation that has federalism 
implications and that preempts State law unless we consult with State 
and local officials early in the process of developing the proposed 
regulation.
    If we comply by consulting, Executive Order 13132 requires us to 
provide to the OMB, in a separately identified section of the preamble 
to the rule, a federalism summary impact statement. The federalism 
summary impact statement must include a description of the extent of 
our prior consultation with State and local officials, a summary of the 
nature of their concerns and our position supporting the need to issue 
the regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when we transmit a draft 
final rule with federalism implications to OMB for review pursuant to 
Executive Order 12866, we must include a certification from the 
agency's federalism official stating that we have met the requirements 
of Executive Order 13132 in a meaningful and timely manner.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132. This rule 
establishes national performance standards and other requirements for 
certain solid waste incineration units. We are required by section 129 
of the CAA, 42 U.S.C. 7429, to establish the standards and guidelines 
embodied in this rule. This regulation primarily affects private 
industry and does not impose significant economic costs on State or 
local governments. The standards established by this rule apply to new 
facilities that operate commercial or industrial incineration units 
(and the owners or operators of such facilities) and require States to 
submit State plans that include standards applicable to existing 
incineration units that are at least as protective as the standards 
specified in the rule. If a State does not submit an approvable plan, 
any covered incineration units in that State will become subject to a 
Federal plan to implement this rule. The regulation does not include an 
express provision preempting State or local regulations. However, once 
a State or Federal plan is in effect, covered facilities would be 
subject to the standards established by this rule, regardless of any 
less protective State or local regulations that contain emission 
limitations for the pollutants addressed by this rule. To the extent 
that this might preempt State or local regulations, it does not 
significantly affect the relationship between the national government 
and the States, or the distribution of power and responsibilities among 
the various levels of government. Thus, the requirements of section 6 
of the Executive Order do not apply to this rule; and we have complied 
with the requirements of section 4(e), to the extent that they may be 
applicable to the regulations, by providing notice to potentially 
affected State and local officials through publication of this rule.
    Although section 6 of Executive Order 13132 does not apply to this 
rule, we consulted with representatives of State and local governments 
to enable them to provide meaningful and timely input into the 
development of this rule. This consultation took place during the ICCR 
FACA committee meetings, where members representing State and local 
governments participated in developing recommendations for our 
combustion-related rulemakings, including this rule. Additionally, we 
sponsored the Small Communities Outreach Project, which involved 
meetings with elected officials and other government representative to 
provide them with information about this rule and to solicit their 
comments. The concerns raised by representatives of State and local 
governments were considered during the development of this rule.

C. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, we may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance

[[Page 75348]]

costs incurred by the tribal governments, or we consult with those 
governments. If we comply by consulting, Executive Order 13084 requires 
us to provide to OMB, in a separately identified section of the 
preamble to the rule, a description of the extent of our prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires us to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.
    Today's final rule does not significantly or uniquely affect the 
communities of Indian tribal governments. We know of no CISWI units 
owned by Indian tribal governments. However, if there are any, the 
effect of these rules on communities of tribal governments would not be 
unique or disproportionate to the effect on other communities. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply.

D. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that we determine: (1) Is ``economically significant'' as defined 
under Executive Order 12866, (2) is based on health or safety risks, 
and (3) for which we have reason to believe may disproportionately 
affect children. If the regulatory action meets these criteria, we must 
evaluate the environmental health or safety effects of the planned rule 
on children and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives we 
considered.
    We interpret Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This final rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks. Additionally, this final 
rule is not economically significant as defined by Executive Order 
12866.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, we 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year.
    Before promulgating a rule for which a written statement is needed, 
section 205 of the UMRA generally requires us to identify and consider 
a reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows us to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted.
    Before we establish any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, we must develop under section 203 of the UMRA a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, thereby enabling officials of affected 
small governments to have meaningful and timely input in the 
development of the regulatory proposal with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    We have determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. Thus, this rule is not subject to the 
requirements of sections 202 and 205 of the UMRA. Additionally, we have 
determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments.

F. Regulatory Flexibility Act (RFA) as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires Federal agencies to conduct a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements, unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. For purposes of 
assessing the impacts of today's rule on small entities, a small entity 
is defined as: (1) a small business who has less than 500 employees, 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district, or special district with a population of 
less than 50,000, and (3) a small organization that is any not-for-
profit enterprise that is independently owned and operated and is not 
dominant in its field. The SBA guidelines define a small business based 
on number of employees or annual revenues, and the size standards vary 
from industry to industry. Generally, businesses covered by the 
Standard Industry Codes (SIC) affected by this final rule are 
considered small if they have less than 500 employees or less than $5 
million in annual sales.
    The regulation will affect 112 existing facilities owned by 90 
parent companies. Based on Small Business Administration guidelines, 26 
of the companies are small businesses. The lumber and wood products 
industry includes the largest number (seven) of the small businesses, 
followed by fabricated metals, veterinary hospitals (burning less than 
90 percent pathological waste), and wholesale trade sectors with three 
companies each. The remaining small businesses are distributed across 
six different industries. If add-on controls are employed to meet the 
standards, a total of 15 small businesses have cost-to-sales ratios 
greater than 1 percent; and of the 15 small businesses, 9 have cost-to-
sales ratios that exceed 3 percent (ranging from 3.4 to 27.7 percent 
with a median of 4 percent). The nine entities with cost-to-sales 
ratios greater than three percent incinerate relatively small amounts 
of material. Therefore, it is reasonable to assume the businesses will 
seek an alternative method of disposal rather than bearing the cost of 
installing add-on equipment. Since the median amount of material 
incinerated by the nine companies is only about 50 tons per year, the 
alternative net cost for sending waste to a landfill for many of the 
facilities is expected to be less than the control costs, based on an 
estimated total alternative disposal cost (i.e., transportation and 
storage costs plus tipping fee) of about $58 per ton. The cost of using 
an off-site landfill for the median amount of material is estimated to 
be about $2,900 per year. Thus, it

[[Page 75349]]

may be economically feasible for some of these small entities to switch 
to an alternative disposal method, such as off-site landfills, and 
lower their net compliance costs.
    Based on the low number of affected small entities in each 
individual market, the alternative method of waste disposal available, 
and the relatively low control cost, this analysis suggests that the 
regulation should not generate a significant small business impact on a 
substantial number of small entities in the commercial and industrial 
sectors. EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. EPA 
has also determined that this rule wil not have a significant economic 
impact on a substantial number of small entities.

G. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
documents have been prepared (ICR No. 1926.02 for subpart CCCC and 
1927.02 for subpart DDDD), and copies may be obtained from Sandy Farmer 
by mail at U.S. Environmental Protection Agency, Office of 
Environmental Information, Collection Strategies Division (2822), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 260-2740. Copies may also be 
downloaded from the internet at http://www.epa.gov/icr.
    The NSPS and EG contain monitoring, reporting, and recordkeeping 
requirements. The information will be used to identify new, modified, 
or reconstructed incineration units subject to the NSPS and to ensure 
that new incineration units undergo a siting analysis and that the 
analysis is reviewed by the public. Records and reports are necessary 
to enable us to identify waste incineration units that may not be in 
compliance with the requirements. Based on reported information, we 
would decide which units and what records or processes should be 
inspected.
    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to us for which a claim of confidentiality is made will be 
safeguarded according to our policies in 40 CFR part 2, subpart B, 
Confidentiality of Business Information.
    The estimated average annual burden for the first 3 years after 
promulgation of the NSPS for industry and the implementing agency is 
outlined below.

----------------------------------------------------------------------------------------------------------------
                                                                           Capital
              Affected entity                Total hours   Labor costs      costs       O&M costs    Total costs
----------------------------------------------------------------------------------------------------------------
 Industry.................................        11,209      $685,269       $13,440        $1,266      $699,975
 Implementing agency......................           794       $32,608             0             0       $32,608
----------------------------------------------------------------------------------------------------------------

    We expect the NSPS to affect 18 CISWI units over the first 3 years, 
based on the assumption that six existing units will be replaced by six 
new units each year. We estimate the total annualized capital and 
startup costs for these new units to be $13,440. Continuous parameter 
monitoring equipment would be required for new units. When a wet 
scrubber is used to meet the emission limitation, monitoring equipment 
must be installed to monitor maximum charge rate, minimum pressure drop 
across the wet scrubber (or minimum amperage), minimum scrubber liquor 
flow rate, and minimum scrubber liquor pH. The estimated total 
operation, maintenance, and purchase costs for the monitoring equipment 
averaged over the first 3 years are expected to be $1,266. The 
implementing agency would not incur any capital or startup costs.
    The estimated average annual burden for the first 3 years after 
promulgation of the emission guidelines for industry and the 
implementing agency is outlined below.

----------------------------------------------------------------------------------------------------------------
                                                                           Capital
              Affected entity                Total hours   Labor costs      costs       O&M costs    Total costs
----------------------------------------------------------------------------------------------------------------
 Industry.................................         9,145      $407,067            $0            $0      $407,067
 Implementing agency......................         1,817       $48,386             0             0       $48,386
----------------------------------------------------------------------------------------------------------------

    We expect the EG to affect a maximum of 116 units over the first 3 
years. We assume that six existing units will be replaced by six new 
units each year. There are no capital, startup, or operation and 
maintenance costs for existing units during the first 3 years. The 
implementing agency would not incur any capital or startup costs.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose, or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for our 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and Advancement Act

    As noted in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 
104-113, section 12(d) (15 U.S.C. 272 note), directs us to use 
voluntary consensus standards in our regulatory activities unless to do 
so would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs us to provide Congress, through 
OMB, explanations when we decide not to use available and applicable 
voluntary consensus standards.
    Consistent with the NTTAA, we conducted searches to identify 
voluntary consensus standards for use in process and emissions 
monitoring.

[[Page 75350]]

The search for emissions monitoring procedures identified six voluntary 
consensus standards that appeared to have possible use in lieu of our 
standard reference methods. However, after reviewing available 
standards, we determined that these candidate consensus standards would 
not be practical due to the potential lack of equivalency, 
documentation, validation data and other important technical and policy 
considerations. These six candidate consensus standards are under 
development and we plan to follow, review and consider adopting them at 
a later date.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. We will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective January 30, 2001.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Carbon monoxide, 
Metals, Nitrogen dioxide, Particulate matter, Sulfur oxides, Waste 
treatment and disposal.

    Dated: November 15, 2000.
Carol M. Browner,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
60 of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

    2. Part 60 is amended by adding subpart CCCC to read as follows:

Subpart CCCC--Standards of Performance for Commercial and 
Industrial Solid Waste Incineration Units for Which Construction Is 
Commenced After November 30, 1999 or for Which Modification or 
Reconstruction Is Commenced on or After June 1, 2001.

Sec.

Introduction

60.2000  What does this subpart do?
60.2005  When does this subpart become effective?

Applicability

60.2010  Does this subpart apply to my incineration unit?
60.2015  What is a new incineration unit?
60.2020  What combustion units are exempt from this subpart?
60.2025  What if my chemical recovery unit is not listed in 
Sec. 60.2020(n)?
60.2030  Who implements and enforces this subpart?
60.2035  How are these new source performance standards structured?
60.2040  Do all eleven components of the new source performance 
standards apply at the same time?

Preconstruction Siting Analysis

60.2045  Who must prepare a siting analysis?
60.2050  What is a siting analysis?

Waste Management Plan

60.2055  What is a waste management plan?
60.2060  When must I submit my waste management plan?
60.2065  What should I include in my waste management plan?

Operator Training and Qualification

60.2070  What are the operator training and qualification 
requirements?
60.2075  When must the operator training course be completed?
60.2080  How do I obtain my operator qualification?
60.2085  How do I maintain my operator qualification?
60.2090  How do I renew my lapsed operator qualification?
60.2095  What site-specific documentation is required?
60.2100  What if all the qualified operators are temporarily not 
accessible?

Emission Limitations and Operating Limits

60.2105  What emission limitations must I meet and by when?
60.2110  What operating limits must I meet and by when?
60.2115  What if I do not use a wet scrubber to comply with the 
emission limitations?
60.2120  What happens during periods of startup, shutdown, and 
malfunction?

Performance Testing

60.2125  How do I conduct the initial and annual performance test?
60.2130  How are the performance test data used?

Initial Compliance Requirements

60.2135  How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
60.2140  By what date must I conduct the initial performance test?

Continuous Compliance Requirements

60.2145  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?
60.2150  By what date must I conduct the annual performance test?
60.2155  May I conduct performance testing less often?
60.2160  May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

60.2165  What monitoring equipment must I install and what 
parameters must I monitor?
60.2170  Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

60.2175  What records must I keep?
60.2180  Where and in what format must I keep my records?
60.2185  What reports must I submit?
60.2190  What must I submit prior to commencing construction?
60.2195  What information must I submit prior to initial startup?
60.2200  What information must I submit following my initial 
performance test?
60.2205  When must I submit my annual report?
60.2210  What information must I include in my annual report?
60.2215  What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.2220  What must I include in the deviation report?
60.2225  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.2230  Are there any other notifications or reports that I must 
submit?
60.2235  In what form can I submit my reports?
60.2240  Can reporting dates be changed?

Title V Operating Permits

60.2242  Am I required to apply for and obtain a title V operating 
permit for my unit?

Air Curtain Incinerators

60.2245  What is an air curtain incinerator?
60.2250  What are the emission limitations for air curtain 
incinerators?
60.2255  How must I monitor opacity for air curtain incinerators?
60.2260  What are the recordkeeping and reporting requirements for 
air curtain incinerators?

Definitions

60.2265  What definitions must I know?

Tables to Subpart CCCC

Table 1 to Subpart CCCC--Emission Limitations

[[Page 75351]]

Table 2 to Subpart CCCC--Operating Limits for Wet Scrubbers
Table 3 to Subpart CCCC--Toxic Equivalency Factors
Table 4 to Subpart CCCC--Summary of Reporting Requirements

Introduction


Sec. 60.2000  What does this subpart do?

    This subpart establishes new source performance standards for 
commercial and industrial solid waste incineration (CISWI) units.


Sec. 60.2005  When does this subpart become effective?

    This subpart takes effect on June 1, 2001. Some of the requirements 
in this subpart apply to planning the CISWI unit and must be completed 
even before construction is initiated on the CISWI unit (i.e., the 
preconstruction requirements in Secs. 60.2045 and 60.2050). Other 
requirements such as the emission limitations and operating limits 
apply after the CISWI unit begins operation.

Applicability


Sec. 60.2010  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified 
in paragraphs (a) through (c) of this section.
    (a) Your incineration unit is a new incineration unit as defined in 
Sec. 60.2015.
    (b) Your incineration unit is a CISWI unit as defined in 
Sec. 60.2265.
    (c) Your incineration unit is not exempt under Sec. 60.2020.


Sec. 60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets 
either of the two criteria specified in paragraph (a)(1) or (2) of this 
section.
    (1) Commenced construction after November 30, 1999.
    (2) Commenced reconstruction or modification on or after June 1, 
2001.
    (b) This subpart does not affect your incineration unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the emission guidelines in subpart DDDD of this part 
(Emission Guidelines and Compliance Times for Commercial and Industrial 
Solid Waste Incineration Units). Such changes do not qualify as 
reconstruction or modification under this subpart.


Sec. 60.2020  What combustion units are exempt from this subpart?

    This subpart exempts fifteen types of units described in paragraphs 
(a) through (o) of this section.
    (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 Sec. 60.2265 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (b) Agricultural waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
agricultural wastes as defined in Sec. 60.2265 are not subject to this 
subpart if you meet the two requirements specified in paragraphs (b)(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 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.
    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraph (c)(1) or (2) of this 
section.
    (1) Are regulated under subpart Ea of this part (Standards of 
Performance for Municipal Waste Combustors); subpart Eb of this part 
(Standards of Performance for Municipal Waste Combustors for Which 
Construction is Commenced After September 20, 1994); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors that are Constructed on or Before September 20, 1994); AAAA 
of this part (Standards of Performance for New Stationary Sources: 
Small Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Existing Stationary Sources: Small Municipal 
Waste Combustion Units).
    (2) Burn greater than 30 percent municipal solid waste or refuse-
derived fuel, as defined in subpart Ea, subpart Eb, subpart AAAA, and 
subpart BBBB of this part, and that have the capacity to burn less than 
35 tons (32 megagrams) per day of municipal solid waste or refuse-
derived fuel, if you meet the two requirements in paragraphs (c)(2)(i) 
and (ii) of this section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (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 Ce of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (3) of this 
section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units that meet either of the 
two criteria specified in paragraph (g)(1) or (2) of this section.
    (1) Units for which you are required to get a permit under section 
3005 of the Solid Waste Disposal Act.
    (2) Units regulated under subpart EEE of 40 CFR part 63 (National 
Emission Standards for Hazardous Air Pollutants from Hazardous Waste 
Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under ``Air Curtain 
Incinerators'' (Secs. 60.2245 through 60.2260).
    (1) 100 percent wood waste.

[[Page 75352]]

    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j) Cyclonic barrel burners. (See Sec. 60.2265)
    (k) Rack, part, and drum reclamation units. (See Sec. 60.2265)
    (l) Cement kilns. Kilns regulated under subpart LLL of part 63 of 
this chapter (National Emission Standards for Hazardous Air Pollutants 
from the Portland Cement Manufacturing Industry).
    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The seven types of units described in 
paragraphs (n)(1) through (7) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which 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.
    (o) Laboratory Analysis Units. Units that burn samples of materials 
for the purpose of chemical or physical analysis.


Sec. 60.2025  What if my chemical recovery unit is not listed in 
Sec. 60.2020(n)?

    (a) If your chemical recovery unit is not listed in 
Sec. 60.2020(n), you can petition the Administrator to add your unit to 
the list. The petition must contain the six items in paragraphs (a)(1) 
through (6) of this section.
    (1) A description of the source of the materials being burned.
    (2) A description of the composition of the materials being burned, 
highlighting the chemical constituents in these materials that are 
recovered.
    (3) A description (including a process flow diagram) of the process 
in which the materials are burned, highlighting the type, design, and 
operation of the equipment used in this process.
    (4) A description (including a process flow diagram) of the 
chemical constituent recovery process, highlighting the type, design, 
and operation of the equipment used in this process.
    (5) A description of the commercial markets for the recovered 
chemical constituents and their use.
    (6) The composition of the recovered chemical constituents and the 
composition of these chemical constituents as they are bought and sold 
in commercial markets.
    (b) Until the Administrator approves your petition, the 
incineration unit is covered by this subpart.
    (c) If a petition is approved, the Administrator will amend 
Sec. 60.2020(n) to add the unit to the list of chemical recovery units.


Sec. 60.2030  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency (as well as EPA) has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if 
this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency, the authorities contained 
in paragraph (c) of this section are retained by the EPA Administrator 
and are not transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (7) of this 
section.
    (1) Approval of alternatives to the emission limitations in Table 1 
of this subpart and operating limits established under Sec. 60.2110.
    (2) Approval of major alternatives to test methods.
    (3) Approval of major alternatives to monitoring.
    (4) Approval of major alternatives to recordkeeping and reporting.
    (5) The requirements in Sec. 60.2025.
    (6) The requirements in Sec. 60.2115.
    (7) The requirements in Sec. 60.2100(b)(2).


Sec. 60.2035  How are these new source performance standards 
structured?

    These new source performance standards contain the eleven major 
components listed in paragraphs (a) through (k) of this section.
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.


Sec. 60.2040  Do all eleven components of these new source performance 
standards apply at the same time?

    No. You must meet the preconstruction siting analysis and waste 
management plan requirements before you commence construction of the 
CISWI unit. The operator training and qualification, emission 
limitations, operating limits, performance testing and compliance, 
monitoring, and most recordkeeping and reporting requirements are met 
after the CISWI unit begins operation.

Preconstruction Siting Analysis


Sec. 60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of a CISWI unit after December 1, 2000.
    (b) You must prepare a siting analysis if you are required to 
submit an initial application for a construction permit under 40 CFR 
part 51, subpart I, or 40 CFR part 52, as applicable, for the 
reconstruction or modification of your CISWI unit.


Sec. 60.2050  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, the analysis may 
consider costs, energy impacts, nonair environmental impacts, or any 
other factors related to the practicability of the alternatives.
    (b) Analyses of your CISWI unit's impacts that are prepared to 
comply with State, local, or other Federal regulatory requirements may 
be used to

[[Page 75353]]

satisfy the requirements of this section, provided they include the 
consideration of air pollution control alternatives specified in 
paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec. 60.2190(c) prior to commencing 
construction.

Waste Management Plan


Sec. 60.2055  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.


Sec. 60.2060  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing 
construction.


Sec. 60.2065  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures and implement those measures the source considers practical 
and feasible, considering the effectiveness of waste management 
measures already in place, the costs of additional measures, the 
emissions reductions expected to be achieved, and any other 
environmental or energy impacts they might have.

Operator Training and Qualification


Sec. 60.2070  What are the operator training and qualification 
requirements?

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified CISWI 
unit operator may operate the CISWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. 
If all qualified CISWI unit operators are temporarily not accessible, 
you must follow the procedures in Sec. 60.2100.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.


Sec. 60.2075  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) Six months after your CISWI unit startup.
    (b) December 3, 2001.
    (c) The date before an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec. 60.2080  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec. 60.2070(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec. 60.2070(c)(2).


Sec. 60.2085  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course covering, at a minimum, the five topics described in 
paragraphs (a) through (e) of this section.
    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown 
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Responses to malfunctions or conditions that may lead to 
malfunction.
    (e) Discussion of operating problems encountered by attendees.


Sec. 60.2090  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 Sec. 60.2085.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2080(a).


Sec. 60.2095  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Secs. 60.2055 through 
60.2065.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted within

[[Page 75354]]

6 months after the effective date of this subpart or prior to an 
employee's assumption of responsibilities for operation of the CISWI 
unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted not later than 12 
months following the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2095(a) as required by 
Sec. 60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2070, met 
the criteria for qualification under Sec. 60.2080, and maintained or 
renewed their qualification under Sec. 60.2085 or Sec. 60.2090. Records 
must include documentation of training, the dates of the initial and 
refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec. 60.2100  What if all the qualified operators are temporarily not 
accessible?

    If all qualified operators are temporarily not accessible (i.e., 
not at the facility and not able to be at the facility within 1 hour), 
you must meet one of the two criteria specified in paragraphs (a) and 
(b) of this section, depending on the length of time that a qualified 
operator is not accessible.
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec. 60.2095(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 Sec. 60.2210.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to 
continue operation of the CISWI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation 
under paragraph (b)(1) of this section. If the Administrator notifies 
you that your request to continue operation of the CISWI unit is 
disapproved, the CISWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under 
Sec. 60.2070(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Emission Limitations and Operating Limits


Sec. 60.2105  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 1 of this 
subpart 60 days after your CISWI unit reaches the charge rate at which 
it will operate, but no later than 180 days after its initial startup.


Sec. 60.2110  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in Table 2 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.
    (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 scrubber, which is 
calculated as 90 percent of the average pressure drop across the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as 90 percent of the 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as 90 
percent of the average liquor flow rate at the inlet to the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as 90 percent 
of the average liquor pH at the inlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your CISWI unit reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup.
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.


Sec. 60.2115  What if I do not use a wet scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, or limit emissions in some other manner, to comply with the 
emission limitations under Sec. 60.2105, you must petition the 
Administrator for specific operating limits to be established during 
the initial performance test and continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by the Administrator. Your petition must include the 
five items listed in paragraphs (a) through (e) of this section.

[[Page 75355]]

    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits 
on these parameters.
    (d) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well 
as the relative accuracy and precision of these methods and 
instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.


Sec. 60.2120  What happens during periods of startup, shutdown, and 
malfunction?

    (a) The emission limitations and operating limits apply at all 
times except during CISWI unit startups, shutdowns, or malfunctions.
    (b) Each malfunction must last no longer than 3 hours.

Performance Testing


Sec. 60.2125  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec. 60.2175(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in Table 1 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 of this section:

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

Where:

Cadj = pollutant concentration adjusted to 7 percent 
oxygen;
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 (3) of this 
section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octachlorinated-congener emitted using EPA Method 23.
    (2) For each dioxin/furan (tetra-through octachlorinated) congener 
measured in accordance with paragraph (g)(1) of this section, multiply 
the congener concentration by its corresponding toxic equivalency 
factor specified in Table 3 of this subpart.
    (3) Sum the products calculated in accordance with paragraph (g)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.


Sec. 60.2130  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in Table 1 of this subpart.

Initial Compliance Requirements


Sec. 60.2135  How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 
Sec. 60.8, to determine compliance with the emission limitations in 
Table 1 of this subpart and to establish operating limits using the 
procedure in Sec. 60.2110 or Sec. 60.2115. The initial performance test 
must be conducted using the test methods listed in Table 1 of this 
subpart and the procedures in Sec. 60.2125.


Sec. 60.2140  By what date must I conduct the initial performance test?

    The initial performance test must be conducted within 60 days after 
your CISWI unit reaches the charge rate at which it will operate, but 
no later than 180 days after its initial startup.

Continuous Compliance Requirements


Sec. 60.2145  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under Sec. 60.8 to determine compliance with the emission limitations. 
The annual performance test must be conducted using the test methods 
listed in Table 1 of this subpart and the procedures in Sec. 60.2125.
    (b) You must continuously monitor the operating parameters 
specified in Sec. 60.2110 or established under Sec. 60.2115. Operation 
above the established maximum or below the established minimum 
operating limits constitutes a deviation from the established operating 
limits. Three-hour rolling average values are used to determine 
compliance (except for baghouse leak detection system alarms) unless a 
different averaging period is established under Sec. 60.2115. Operating 
limits do not apply during performance tests.
    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.


Sec. 60.2150  By what date must I conduct the annual performance test?

    You must conduct annual performance tests for particulate matter, 
hydrogen chloride, and opacity within 12 months following the initial 
performance test. Conduct subsequent annual performance tests within 12 
months following the previous one.


Sec. 60.2155  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least 3 years, and all performance tests for the pollutant 
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive 
years show that you comply with the emission limitation. In this case, 
you do not have to conduct a performance test for that pollutant for 
the next 2 years. You must conduct a performance test during the 3rd 
year and no more than 36 months following the previous performance 
test.
    (b) If your CISWI unit continues to meet the emission limitation 
for particulate matter, hydrogen chloride, or opacity, you may choose 
to conduct performance tests for these pollutants every 3rd year, but 
each test must be within 36 months of the previous performance test.
    (c) If a performance test shows a deviation from an emission 
limitation for particulate matter, hydrogen chloride, or opacity, you 
must conduct annual performance tests for that pollutant until all 
performance tests over a 3-year period show compliance.

[[Page 75356]]

Sec. 60.2160  May I conduct a repeat performance test to establish new 
operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used 
to demonstrate compliance.

Monitoring


Sec. 60.2165  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec. 60.2105, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in Table 
2 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in Table 2 of this subpart at all times except as specified in 
Sec. 60.2170(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or 
cell. For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limitations under Sec. 60.2105, 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 Sec. 60.2115.


Sec. 60.2170  Is there a minimum amount of monitoring data I must 
obtain?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments 
of the monitoring system), you must conduct all monitoring at all times 
the CISWI unit is operating.
    (b) Do not use data recorded during monitor malfunctions, 
associated repairs, and required quality assurance or quality control 
activities for meeting the requirements of this subpart, including data 
averages and calculations. You must use all the data collected during 
all other periods in assessing compliance with the operating limits.

Recordkeeping and Reporting


Sec. 60.2175  What records must I keep?

    You must maintain the fourteen items (as applicable) as specified 
in paragraphs (a) through (n) of this section for a period of at least 
5 years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2115, you must maintain 
data collected for all operating parameters used to determine 
compliance with the operating limits.
    (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 
Sec. 60.2110(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime associated with 
zero and span and other routine calibration checks). Identify the 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which data show 
a deviation from the operating limits in Table 2 of this subpart or a 
deviation from other operating limits established under Sec. 60.2115 
with a description of the deviations, reasons for such deviations, and 
a description of corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) All documentation produced as a result of the siting 
requirements of Secs. 60.2045 and 60.2050.
    (h) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2095(a) as required by 
Sec. 60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (i) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2070, met 
the criteria for qualification under Sec. 60.2080, and maintained or 
renewed their qualification under Sec. 60.2085 or Sec. 60.2090. Records 
must include documentation of training, the dates of the initial and 
refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.

[[Page 75357]]

    (j) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (k) Records of calibration of any monitoring devices as required 
under Sec. 60.2165.
    (l) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (m) The information listed in Sec. 60.2095(a).
    (n) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).


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

    All records must be available onsite in either paper copy or 
computer-readable format that can be printed upon request, unless an 
alternative format is approved by the Administrator.


Sec. 60.2185  What reports must I submit?

    See Table 4 of this subpart for a summary of the reporting 
requirements.


Sec. 60.2190  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction 
that includes the five items listed in paragraphs (a) through (e) of 
this section.
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting 
requirements of Sec. 60.2050.
    (d) The waste management plan as specified in Secs. 60.2055 through 
60.2065.
    (e) Anticipated date of initial startup.


Sec. 60.2195  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating limits 
under Sec. 60.2115.
    (e) The anticipated date of initial startup.


Sec. 60.2200  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec. 60.2135, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec. 60.2110 or Sec. 60.2115.
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec. 60.2165(b).


Sec. 60.2205  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec. 60.2200. You must submit 
subsequent reports no more than 12 months following the previous 
report. (If the unit is subject to permitting requirements under title 
V of the Clean Air Act, you may be required by the permit to submit 
these reports more frequently.)


Sec. 60.2210  What information must I include in my annual report?

    The annual report required under Sec. 60.2205 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Secs. 60.2215, 
60.2220, and 60.2225.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.2110 or Sec. 60.2115.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the operating limits was inoperative, inactive, 
malfunctioning or out of control.
    (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 Sec. 60.2175(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting 
period, the results of that test.
    (i) If you met the requirements of Sec. 60.2155(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec. 60.2155(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.


Sec. 60.2215  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if the bag 
leak detection system alarm sounds for more than 5 percent of the 
operating time for the 6-month reporting period, or if a performance 
test was conducted that deviated from any emission limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 
1 to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).


Sec. 60.2220  What must I include in the deviation report?

    In each report required under Sec. 60.2215, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.

[[Page 75358]]

Sec. 60.2225  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will 
be available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec. 60.2100(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.


Sec. 60.2230  Are there any other notifications or reports that I must 
submit?

    Yes. You must submit notifications as provided by Sec. 60.7.


Sec. 60.2235  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.


Sec. 60.2240  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See Sec. 60.19(c) for procedures to seek 
approval to change your reporting date.

Title V Operating Permits


Sec. 60.2242  Am I required to apply for and obtain a title V operating 
permit for my unit?

    Yes. Each CISWI unit must operate pursuant to a permit issued under 
section 129(e) and title V of the Clean Air Act by the later of the two 
dates in paragraphs (a) and (b) of this section.
    (a) Thirty-six months after December 1, 2000.
    (b) The effective date of the title V permit program to which your 
unit is subject. If your unit is subject to title V as a result of some 
triggering requirement(s) other than this subpart (for example, being a 
major source), then your unit may be required to apply for and obtain a 
title V permit prior to the deadlines noted above. If more than one 
requirement triggers the requirement to apply for a title V permit, the 
12-month timeframe for filing a title V application is triggered by the 
requirement which first causes the source to be subject to title V.

Air Curtain Incinerators


Sec. 60.2245  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under ``Air Curtain Incinerators'' (Secs. 60.2245 
through 60.2260).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec. 60.2250  What are the emission limitations for air curtain 
incinerators?

    (a) Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup, you must meet the two limitations specified in 
paragraphs (a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times, and each malfunction must not exceed 3 hours.


Sec. 60.2255  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 Sec. 60.8.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


Sec. 60.2260  What are the recordkeeping and reporting requirements for 
air curtain incinerators?

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section.
    (1) Notification of your intent to construct the air curtain 
incinerators.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (c) Make all records available for submittal to the Administrator 
or for an inspector's onsite review.
    (d) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports onsite for a 
period of 5 years.

Definitions


Sec. 60.2265  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    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.
    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

[[Page 75359]]

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.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    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.
    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.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion device that combusts commercial and industrial 
waste, as defined in this subpart. The boundaries of a CISWI unit are 
defined as, but not limited to, the commercial or industrial solid 
waste fuel feed system, grate system, flue gas system, and bottom ash. 
The CISWI unit does not include air pollution control equipment or the 
stack. The CISWI unit boundary starts at the commercial and industrial 
solid waste hopper (if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    Commercial and industrial waste means solid waste combusted in an 
enclosed device using controlled flame combustion without energy 
recovery that is a distinct operating unit of any commercial or 
industrial facility (including field-erected, modular, and custom built 
incineration units operating with starved or excess air), or solid 
waste combusted in an air curtain incinerator without energy recovery 
that is a distinct operating unit of any commercial or industrial 
facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste 
materials that is attached to a 55 gallon, open-head drum. The device 
consists of a lid, which fits onto and encloses the drum, and a blower 
that forces combustion air into the drum in a cyclonic manner to 
enhance the mixing of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless or whether or not 
such failure is permitted by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    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.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control 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.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than June 1, 2001 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    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).
    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.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 1, 2001.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit

[[Page 75360]]

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 refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste 
treatment plant, water supply treatment plant, or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid, or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations, and from community 
activities, but does not include solid or dissolved material in 
domestic sewage, or solid or dissolved materials in irrigation return 
flows or industrial discharges which are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, 
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct 
material as defined by the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2014). For purposes of this subpart and 40 CFR part 60, subpart 
DDDD, only, solid waste does not include the waste burned in the 
fifteen types of units described in Sec. 60.2020.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 deg.F (20 deg.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.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.

                                  Table 1 to Subpart CCCC--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
      For the air pollutant            You must meet this       Using this averaging      compliance using this
                                    emission  limitation \a\            time                     method
----------------------------------------------------------------------------------------------------------------
Dioxins/furans (toxic equivalency  0.41 nanograms per dry     3-run average (1 hour     Performance test (Method
 basis).                            standard cubic meter.      minimum sample time per   23 of Appendix A of
                                                               run).                     this part).
Hydrogen chloride................  62 parts per million by    3-run average (1 hour     Performance test (Method
                                    dry volume.                volume minimum sample     26A of appendix A of
                                                               time per run).            this part).
Lead.............................  0.04 milligrams per dry    3-run average (1 hour     Performance test (Method
                                    standard cubic meter.      minimum sample time per   29 of appendix A of
                                                               run).                     this part).
Mercury..........................  0.47 milligrams per dry    3-run average (1 hour     Performance test (Method
                                    standard cubic meter.      minimum sample time per   29 of appendix A of
                                                               run).                     this part).
Opacity..........................  10 percent...............  6-minute averages.......  Performance test (Method
                                                                                         9 of appendix A of this
                                                                                         part).
Oxides of nitrogen...............  388 parts per million by   3-run average (1 hour     Performance test (Method
                                    dry volume.                minimum sample time per   7, 7A, 7C, 7D, or 7E of
                                                               run).                     appendix A of this
                                                                                         part)
Particulate matter...............  70 milligrams per dry      3-run average (1 hour     Performance test (Method
                                    standard cubic meter.      minimum sample time per   5 or 29 of appendix A
                                                               run).                     of this part).
Sulfur dioxide...................  20 parts per million by    3-run average (1 hour     Performance test (Method
                                    dry volume.                volume minimum sample     6 or 6c of appendix A
                                                               time per run).            of this part).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


                           Table 2 to Subpart CCCC--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
For these operating  parameters    these operating   -----------------------------------------------------------
                                        limits         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     Minimum pressure     Continuous........  Every 15 minutes..  3-hour rolling \a\
 scrubber or amperage to wet      drop or amperage.
 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.


[[Page 75361]]


           Table 3 to Subpart CCCC--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     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 4 to Subpart CCCC--Summary of Reporting Requirements a
----------------------------------------------------------------------------------------------------------------
            Report                       Due date                    Contents                  Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report........  Prior to commencing          Statement of      Sec.  60.2190
                                 construction.               intent to construct.
                                                             Anticipated date
                                                             of commencement of
                                                             construction.
                                                             Documentation
                                                             for siting requirements.
                                                             Waste management
                                                             plan.
                                                             Anticipated date
                                                             of initial startup.
Startup notification..........  Prior to initial startup..   Type of waste to  Sec.  60.2195
                                                             be burned.
                                                             Maximum design
                                                             waste burning capacity.
                                                             Anticipated
                                                             maximum charge rate.
                                                             If applicable,
                                                             the petition for site-
                                                             specific operating
                                                             limits.
Initial test report...........  No later than 60 days        Complete test     Sec.  60.2200
                                 following the initial       report for the initial
                                 performance test            performance test
                                                             The values for
                                                             the site-specific
                                                             operating limits.
                                                             Installation of
                                                             bag leak detection
                                                             system for fabric filter.
Annual report.................  No later than 12 months      Name and address  Secs.  60.2205 and
                                 following the submission    Statement and      60.2210
                                 of the initial test         signature by responsible
                                 report. Subsequent          official.
                                 reports are to be           Date of report..
                                 submitted no more than 12   Values for the
                                 months following the        operating limits.
                                 previous report.            If no deviations
                                                             or malfunctions were
                                                             reported, a statement
                                                             that no deviations
                                                             occurred during the
                                                             reporting period.
                                                             Highest recorded
                                                             3-hour average and the
                                                             lowest 3-hour average,
                                                             as applicable, for each
                                                             operating parameter
                                                             recorded for the
                                                             calendar year being
                                                             reported.
                                                             Information for
                                                             deviations or
                                                             malfunctions recorded
                                                             under Sec.
                                                             60.2175(b)(6) and (c)
                                                             through (e).
                                                             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 Sec.
                                                              60.2155(a) or (b) were
                                                             met.
                                                             Documentation of
                                                             periods when all
                                                             qualified CISWI unit
                                                             operators were
                                                             unavailable for more
                                                             than 8 hours but less
                                                             than 2 weeks.

[[Page 75362]]

 
Emission limitation or          By August 1 of that year     Dates and times   Sec.  60.2215 and 60.2220
 operating limit deviation       for data collected during   of deviation.
 report.                         the first half of the       Averaged and
                                 calendar year. By           recorded data for those
                                 February 1 of the           dates.
                                 following year for data     Duration and
                                 collected during the        causes of each deviation
                                 second half of the          and the corrective
                                 calendar year.              actions taken.
                                                             Copy of
                                                             operating limit
                                                             monitoring data and any
                                                             test reports.
                                                             Dates, times,
                                                             and causes for monitor
                                                             downtime incidents.
                                                             Whether each
                                                             deviation occurred
                                                             during a period of
                                                             startup, shutdown, or
                                                             malfunction.
Qualified operator deviation    Within 10 days of            Statement of      Sec.  60.2225(a)(1)
 notification.                   deviation.                  cause of deviation.
                                                             Description of
                                                             efforts to have an
                                                             accessible qualified
                                                             operator.
                                                             The date a
                                                             qualified operator will
                                                             be accessible.
Qualified operator deviation    Every 4 weeks following      Description of    Sec.  60.2225(a)(2)
 status report.                  deviation.                  efforts to have an
                                                             accessible qualified
                                                             operator
                                                             The date a
                                                             qualified operator will
                                                             be accessible.
                                                             Request for
                                                             approval to continue
                                                             operation.
Qualified operator deviation    Prior to resuming            Notification      Sec.  60.2225(b)
 notification of resumed         operation.                  that you are resuming
 operation.                                                  operation
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

    3. Part 60 is amended by adding subpart DDDD to read as follows:

Subpart DDDD--Emissions Guidelines and Compliance Times for 
Commercial and Industrial Solid Waste Incineration Units that 
Commenced Construction On or Before November 30, 1999

Sec.

Introduction

60.2500   What is the purpose of this subpart?
60.2505   Am I affected by this subpart?
60.2510   Is a State plan required for all States?
60.2515   What must I include in my State plan?
60.2520   Is there an approval process for my 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 plan?
60.2540   Are there any State plan requirements for this subpart 
that apply instead of the requirements specified in subpart B?
60.2545   Does this subpart directly affect CISWI unit owners and 
operators in my State?

Applicability of State Plans

60.2550   What CISWI units must I address in my State plan?
60.2555   What combustion units are exempt from my State plan?
60.2558   What if a chemical recovery unit is not listed in 
Sec. 60.2555(n)?

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 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?
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 to comply with the 
emission limitations?
60.2685   What happens during periods of startup, shutdown, and 
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 emission 
limitations and establish the operating limits?
60.2705   By what date must I conduct the initial performance test?

Model Rule--Continuous Compliance Requirements

60.2710   How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?
60.2715   By what date must I conduct the annual performance test?

[[Page 75363]]

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?
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?

Tables to Subpart DDDD

Table 1 to Subpart DDDD--Model Rule--Increments of Progress and 
Compliance Schedules
Table 2 to Subpart DDDD--Model Rule--Emission Limitations
Table 3 to Subpart DDDD--Model Rule--Operating Limits for Wet 
Scrubbers
Table 4 to Subpart DDDD--Model Rule--Toxic Equivalency Factors
Table 5 to Subpart DDDD--Model Rule--Summary of Reporting 
Requirements

Introduction


Sec. 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. These 
emission guidelines are developed in accordance with sections 111(d) 
and 129 of the Clean Air Act and subpart B of this part.


Sec. 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 commenced construction on or before November 30, 1999, you 
must submit a State plan to U.S. Environmental Protection Agency (EPA) 
that implements the emission guidelines contained in this subpart.
    (b) You must submit the State plan to EPA by December 3, 2001.


Sec. 60.2510  Is a State plan required for all States?

    No. You are not required to submit a State plan if there are no 
existing CISWI units in your State, and you submit a negative 
declaration letter in place of the State plan.


Sec. 60.2515  What must I include in my State plan?

    (a) You must include the nine items described in paragraphs (a)(1) 
through (9) of this section in your State plan.
    (1) Inventory of affected CISWI units, including those that have 
ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected CISWI units in your State.
    (3) Compliance schedules for each affected CISWI unit.
    (4) Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for 
affected CISWI units that are at least as protective as the emission 
guidelines contained in this subpart.
    (5) Performance testing, recordkeeping, and reporting requirements.
    (6) Certification that the hearing on the State plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you 
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the 
sections 111(d) and 129 State plan.
    (b) Your State plan may deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your State 
plan does deviate in content, you must demonstrate that your State plan 
is at least as protective as the emission guidelines contained in this 
subpart. Your State plan must address regulatory applicability, 
increments of progress for retrofit, operator training and 
qualification, a waste management plan, emission limitations, 
performance testing, operating limits, monitoring, recordkeeping and 
reporting, and air curtain incinerator requirements.
    (c) You must follow the requirements of subpart B of this part 
(Adoption and Submittal of State Plans for Designated Facilities) in 
your State plan.


Sec. 60.2520  Is there an approval process for my State plan?

    Yes. The EPA will review your State plan according to Sec. 60.27.


Sec. 60.2525  What if my State plan is not approvable?

    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 Sec. 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.


Sec. 60.2530  Is there an approval process for a negative declaration 
letter?

    No. The EPA has no formal review process for negative declaration 
letters. Once your negative declaration letter has been received, EPA 
will place a

[[Page 75364]]

copy in the public docket and publish a notice in the Federal Register. 
If, at a later date, an existing CISWI unit is found in your State, the 
Federal plan implementing the emission guidelines contained in this 
subpart would automatically apply to that CISWI unit until your State 
plan is approved.


Sec. 60.2535  What compliance schedule must I include in my State plan?

    (a) Your State plan must include compliance schedules that require 
CISWI units to achieve final compliance as expeditiously as practicable 
after approval of the State plan but not later than the earlier of the 
two dates specified in paragraphs (a)(1) and (2) of this section.
    (1) December 1, 2005.
    (2) Three years after the effective date of State plan approval.
    (b) For 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 Sec. 60.2580.


Sec. 60.2540  Are there any State plan requirements for this subpart 
that apply instead of the requirements specified in subpart B?

    Yes. Subpart B establishes general requirements for developing and 
processing section 111(d) plans. This subpart applies instead of the 
requirements in subpart B of this part for paragraphs (a) and (b) of 
this section:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all CISWI units to comply by December 1, 2005 or 3 
years after the effective date of State plan approval, whichever is 
sooner. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in 
Sec. 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 Sec. 60.21(h)(1) and (5). This applies instead 
of the requirement of Sec. 60.24(e)(1) that would require a State plan 
to include all five increments of progress for all CISWI units.


Sec. 60.2545  Does this subpart directly affect CISWI unit owners and 
operators in my State?

    (a) No. This subpart does not directly affect CISWI unit owners and 
operators in your State. However, CISWI unit owners and operators must 
comply with the State plan you develop to implement the emission 
guidelines contained in this subpart. States may choose to incorporate 
the model rule text directly in their State plan.
    (b) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart by December 2, 2002, 
the EPA will implement and enforce a Federal plan, as provided in 
Sec. 60.2525, to ensure that each unit within your State reaches 
compliance with all the provisions of this subpart by December 1, 2005.

Applicability of State Plans


Sec. 60.2550  What CISWI units must I address in my State plan?

    (a) Your State plan must address incineration units that meet all 
three criteria described in paragraphs (a)(1) through (3) of this 
section.
    (1) Incineration units in your State that commenced construction on 
or before November 30, 1999.
    (2) Incineration units that meet the definition of a CISWI unit as 
defined in Sec. 60.2875.
    (3) Incineration units not exempt under Sec. 60.2555.
    (b) If the owner or operator of a CISWI unit makes changes that 
meet the definition of modification or reconstruction on or after June 
1, 2001, the CISWI unit becomes subject to subpart CCCC of this part 
and the State plan no longer applies to that unit.
    (c) If the owner or operator of a CISWI unit makes physical or 
operational changes to an existing CISWI unit primarily to comply with 
your State plan, subpart CCCC of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart CCCC of this part.


Sec. 60.2555  What combustion units are exempt from my State plan?

    This subpart exempts fifteen types of units described in paragraphs 
(a) through (o) of this section.
    (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 Sec. 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) Agricultural waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
agricultural wastes as defined in Sec. 60.2875 are not subject to this 
subpart if you meet the two requirements specified in paragraphs (b)(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 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.
    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraphs (c)(1) or (2) of 
this section.
    (1) Are regulated under subpart Ea of this part (Standards of 
Performance for Municipal Waste Combustors); subpart Eb of this part 
(Standards of Performance for Municipal Waste Combustors for Which 
Construction is Commenced After September 20, 1994); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors that are Constructed on or Before September 20, 1994); 
subpart AAAA of this part (Standards of Performance for New Stationary 
Sources: Small Municipal Waste Combustion Units); or subpart BBBB of 
this part (Emission Guidelines for Existing Stationary Sources: Small 
Municipal Waste Combustion Units).
    (2) Burn greater than 30 percent municipal solid waste or refuse-
derived fuel, as defined in subpart Ea, subpart Eb, subpart AAAA, and 
subpart BBBB, and that have the capacity to burn less than 35 tons (32 
megagrams) per day of municipal solid waste or refuse-derived fuel, if 
you meet the two requirements in paragraphs (c)(2)(i) and (ii) of this 
section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (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

[[Page 75365]]

specified in paragraphs (e)(1) through (3) of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units that meet either of the 
two criteria specified in paragraph (g)(1) or (2) of this section.
    (1) Units for which you are required to get a permit under section 
3005 of the Solid Waste Disposal Act.
    (2) Units regulated under subpart EEE of 40 CFR part 63 (National 
Emission Standards for Hazardous Air Pollutants from Hazardous Waste 
Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under ``Air Curtain 
Incinerators'' (Secs. 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) Cyclonic barrel burners. (See Sec. 60.2875)
    (k) Rack, part, and drum reclamation units. (See Sec. 60.2875)
    (l) Cement kilns. Kilns regulated under subpart LLL of part 63 of 
this chapter (National Emission Standards for Hazardous Air Pollutants 
from the Portland Cement Manufacturing Industry).
    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The seven types of units described in 
paragraphs (n)(1) through (7) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which 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.
    (o) Laboratory analysis units. Units that burn samples of materials 
for the purpose of chemical or physical analysis.


Sec. 60.2558  What if a chemical recovery unit is not listed in 
Sec. 60.2555(n)?

    (a) If a chemical recovery unit is not listed in Sec. 60.2555(n), 
the owner or operator of the unit can petition the Administrator to add 
the unit to the list. The petition must contain the six items in 
paragraphs (a)(1) through (6) of this section.
    (1) A description of the source of the materials being burned.
    (2) A description of the composition of the materials being burned, 
highlighting the chemical constituents in these materials that are 
recovered.
    (3) A description (including a process flow diagram) of the process 
in which the materials are burned, highlighting the type, design, and 
operation of the equipment used in this process.
    (4) A description (including a process flow diagram) of the 
chemical constituent recovery process, highlighting the type, design, 
and operation of the equipment used in this process.
    (5) A description of the commercial markets for the recovered 
chemical constituents and their use.
    (6) The composition of the recovered chemical constituents and the 
composition of these chemical constituents as they are bought and sold 
in commercial markets.
    (b) Until the Administrator approves the petition, the incineration 
unit is covered by this subpart.
    (c) If a petition is approved, the Administrator will amend 
Sec. 60.2555(n) to add the unit to the list of chemical recovery units.

Use of Model Rule


Sec. 60.2560  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of these emission guidelines 
(Secs. 60.2575 through 60.2875) that addresses the regulatory 
requirements applicable to CISWI units. The model rule provides these 
requirements in regulation format. You must develop a State plan that 
is at least as protective as the model rule. You may use the model rule 
language as part of your State plan. Alternative language may be used 
in your State plan if you demonstrate that the alternative language is 
at least as protective as the model rule contained in this subpart.
    (b) In the model rule of Secs. 60.2575 to 60.2875, ``you'' means 
the owner or operator of a CISWI unit.


Sec. 60.2565  How does the model rule relate to the required elements 
of my State plan?

    Use the model rule to satisfy the State plan requirements specified 
in Sec. 60.2515(a)(4) and (5).


Sec. 60.2570  What are the principal components of the model rule?

    The model rule contains the eleven major components listed in 
paragraphs (a) through (k) of this section.
    (a) Increments of progress toward compliance.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.

Model Rule--Increments of Progress


Sec. 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 plan approval, you must meet the two increments 
of progress specified in paragraphs (a) and (b) of this section.

[[Page 75366]]

    (a) Submit a final control plan.
    (b) Achieve final compliance.


Sec. 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.


Sec. 60.2585  What must I include in the notifications of achievement 
of increments of progress?

    Your notification of achievement of increments of progress must 
include the three items specified in paragraphs (a) through (c) of this 
section.
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with each increment of 
progress.
    (c) Signature of the owner or operator of the CISWI unit.


Sec. 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.


Sec. 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.


Sec. 60.2600  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the five items 
described in paragraphs (a)(1) through (5) of this section.
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission 
limitations and other requirements of this subpart.
    (2) The type(s) of waste to be burned.
    (3) The maximum design waste burning capacity.
    (4) The anticipated maximum charge rate.
    (5) If applicable, the petition for site-specific operating limits 
under Sec. 60.2680.
    (b) Maintain an onsite copy of the final control plan.


Sec. 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.


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

    (a) If you close your CISWI unit but will restart it prior to the 
final compliance date in your State plan, you must meet the increments 
of progress specified in Sec. 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.


Sec. 60.2615  What must I do if I plan to permanently close my CISWI 
unit and not restart it?

    If you plan to close your CISWI unit rather than comply with the 
State plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.

Model Rule--Waste Management Plan


Sec. 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.


Sec. 60.2625  When must I submit my waste management plan?

    You must submit a waste management plan no later than the date 
specified in Table 1 of this subpart for submittal of the final control 
plan.


Sec. 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


Sec. 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 operators are temporarily not accessible, 
you must follow the procedures in Sec. 60.2665.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (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 correct malfunctions or conditions that may lead 
to malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as

[[Page 75367]]

reference material following completion of the course.


Sec. 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.


Sec. 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 Sec. 60.2635(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec. 60.2635(c)(2).


Sec. 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) Responses to malfunctions or conditions that may lead to 
malfunction.
    (e) Discussion of operating problems encountered by attendees.


Sec. 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 Sec. 60.2650.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2645(a).


Sec. 60.2660  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Secs. 60.2620 through 
60.2630.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of the three dates 
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date (Increment 2).
    (ii) Six months after CISWI unit startup.
    (iii) Six months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted no later than 12 months 
following the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2660(a) as required by 
Sec. 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 Sec. 60.2635, met 
the criteria for qualification under Sec. 60.2645, and maintained or 
renewed their qualification under Sec. 60.2650 or Sec. 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.


Sec. 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 Sec. 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 Sec. 60.2770.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to 
continue operation of the CISWI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation 
under paragraph (b)(1) of this section. If the Administrator notifies 
you that your request to continue operation of the CISWI unit is 
disapproved, the CISWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under 
Sec. 60.2635(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

[[Page 75368]]

Model Rule--Emission Limitations and Operating Limits


Sec. 60.2670  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 2 of this 
subpart on the date the initial performance test is required or 
completed (whichever is earlier).


Sec. 60.2675  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for 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.
    (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 scrubber, which is 
calculated as 90 percent of the average pressure drop across the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as 90 percent of the 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as 90 
percent of the average liquor flow rate at the inlet to the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as 90 percent 
of the average liquor pH at the inlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier).
    (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.


Sec. 60.2680  What if I do not use a wet scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, or limit emissions in some other manner, to comply with the 
emission limitations under Sec. 60.2670, you must petition the 
Administrator for specific operating limits to be established during 
the initial performance test and continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by the Administrator. Your petition must include the 
five items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits 
on these parameters.
    (d) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well 
as the relative accuracy and precision of these methods and 
instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.


Sec. 60.2685  What happens during periods of startup, shutdown, and 
malfunction?

    (a) The emission limitations and operating limits apply at all 
times except during CISWI unit startups, shutdowns, or malfunctions.
    (b) Each malfunction must last no longer than 3 hours.

Model Rule--Performance Testing


Sec. 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 Sec. 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 Table 2 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 of this section:

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

Where:

Cadj = pollutant concentration adjusted to 7 percent 
oxygen;
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 (3) of this 
section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-congener emitted using EPA Method 23.
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (g)(1) of this section, multiply the congener concentration 
by its corresponding toxic equivalency factor specified in Table 4 of 
this subpart.
    (3) Sum the products calculated in accordance with paragraph (g)(2) 
of this section to obtain the total concentration

[[Page 75369]]

of dioxins/furans emitted in terms of toxic equivalency.


Sec. 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.

Model Rule--Initial Compliance Requirements


Sec. 60.2700  How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 
Sec. 60.8, to determine compliance with the emission limitations in 
Table 2 of this subpart and to establish operating limits using the 
procedure in Sec. 60.2675 or Sec. 60.2680. The initial performance test 
must be conducted using the test methods listed in Table 2 of this 
subpart and the procedures in Sec. 60.2690.


Sec. 60.2705  By what date must I conduct the initial performance test?

    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.

Model Rule--Continuous Compliance Requirements


Sec. 60.2710  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under Sec. 60.8 to determine compliance with the emission limitations. 
The annual performance test must be conducted using the test methods 
listed in Table 2 of this subpart and the procedures in Sec. 60.2690.
    (b) You must continuously monitor the operating parameters 
specified in Sec. 60.2675 or established under Sec. 60.2680. Operation 
above the established maximum or below the established minimum 
operating limits constitutes a deviation from the established operating 
limits. Three-hour rolling average values are used to determine 
compliance (except for baghouse leak detection system alarms) unless a 
different averaging period is established under Sec. 60.2680. Operating 
limits do not apply during performance tests.
    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.


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

    You must conduct annual performance tests for particulate matter, 
hydrogen chloride, and opacity within 12 months following the initial 
performance test. Conduct subsequent annual performance tests within 12 
months following the previous one.


Sec. 60.2720  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least 3 years, and all performance tests for the pollutant 
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive 
years show that you comply with the emission limitation. In this case, 
you do not have to conduct a performance test for that pollutant for 
the next 2 years. You must conduct a performance test during the third 
year and no more than 36 months following the previous performance 
test.
    (b) If your CISWI unit continues to meet the emission limitation 
for particulate matter, hydrogen chloride, or opacity, you may choose 
to conduct performance tests for these pollutants every third year, but 
each test must be within 36 months of the previous performance test.
    (c) If a performance test shows a deviation from an emission 
limitation for particulate matter, hydrogen chloride, or opacity, you 
must conduct annual performance tests for that pollutant until all 
performance tests over a 3-year period show compliance.


Sec. 60.2725  May I conduct a repeat performance test to establish new 
operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used 
to demonstrate compliance.

Model Rule--Monitoring


Sec. 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 Sec. 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 
Sec. 60.2735(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter 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 sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or 
cell. For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limitations under Sec. 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 Sec. 60.2680.


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

    (a) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as

[[Page 75370]]

applicable, calibration checks and required zero and span adjustments 
of the monitoring system), you must conduct all monitoring at all times 
the CISWI unit is operating.
    (b) Do not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or quality control 
activities for meeting the requirements of this subpart, including data 
averages and calculations. You must use all the data collected during 
all other periods in assessing compliance with the operating limits.

Model Rule--Recordkeeping and Reporting


Sec. 60.2740  What records must I keep?

    You must maintain the 13 items (as applicable) as specified in 
paragraphs (a) through (m) of this section for a period of at least 5 
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec. 60.2680, you must maintain 
data collected for all operating parameters used to determine 
compliance with the operating limits.
    (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 
Sec. 60.2675(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime associated with 
zero and span and other routine calibration checks). Identify the 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (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 Sec. 60.2680 
with a description of the deviations, reasons for such deviations, and 
a description of corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2660(a) as required by 
Sec. 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 Sec. 60.2635, met 
the criteria for qualification under Sec. 60.2645, and maintained or 
renewed their qualification under Sec. 60.2650 or Sec. 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 Sec. 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 Sec. 60.2660(a).
    (m) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).


Sec. 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.


Sec. 60.2750  What reports must I submit?

    See Table 5 of this subpart for a summary of the reporting 
requirements.


Sec. 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.


Sec. 60.2760  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec. 60.2700, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec. 60.2675 or Sec. 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 Sec. 60.2730(b).


Sec. 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 Sec. 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.)


Sec. 60.2770  What information must I include in my annual report?

    The annual report required under Sec. 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 Secs. 60.2775, 
60.2780, and 60.2785.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec. 60.2675 or Sec. 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, and that no monitoring system used to determine 
compliance with the operating limits

[[Page 75371]]

was inoperative, inactive, malfunctioning or out of control.
    (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 Sec. 60.2740(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting 
period, the results of that test.
    (i) If you met the requirements of Sec. 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 Sec. 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.


Sec. 60.2775  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if the bag 
leak detection system alarm sounds for more than 5 percent of the 
operating time for the 6-month reporting period, or if a performance 
test was conducted that deviated from any emission limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 
1 to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).


Sec. 60.2780  What must I include in the deviation report?

    In each report required under Sec. 60.2775, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Duration and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitoring 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.


Sec. 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.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec. 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.


Sec. 60.2790  Are there any other notifications or reports that I must 
submit?

    Yes. You must submit notifications as provided by Sec. 60.7.


Sec. 60.2795  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.


Sec. 60.2800  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See Sec. 60.19(c) for procedures to seek 
approval to change your reporting date.

Model Rule--Title V Operating Permits


Sec. 60.2805  Am I required to apply for and obtain a title V operating 
permit for my unit?

    Yes. Each CISWI unit must operate pursuant to a permit issued under 
section 129(e) and title V of the Clean Air Act by the later of the two 
dates in paragraphs (a) and (b) of this section.
    (a) Thirty-six months after December 1, 2000.
    (b) The effective date of the title V permit program to which your 
unit is subject. If your unit is subject to title V as a result of some 
triggering requirement(s) other than this subpart (for example, being a 
major source), then your unit may be required to apply for and obtain a 
title V permit prior to the deadlines noted above. If more than one 
requirement triggers the requirement to apply for a title V permit, the 
12-month timeframe for filing a title V application is triggered by the 
requirement which first causes the source to be subject to title V.

Model Rule--Air Curtain Incinerators


Sec. 60.2810  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under ``Air Curtain Incinerators'' (Secs. 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.


Sec. 60.2815  What are my requirements for meeting increments of 
progress and achieving final compliance?

    If you plan to achieve compliance more than 1 year following the 
effective date of State plan approval, you must meet the two increments 
of progress specified in paragraphs (a) and (b) of this section.
    (a) Submit a final control plan.
    (b) Achieve final compliance.

[[Page 75372]]

Sec. 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.


Sec. 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 Sec. 60.2840).
    (c) Signature of the owner or operator of the incinerator.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 60.2850  What must I do if I close my air curtain incinerator and 
then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in your State plan, you must meet the increments 
of progress specified in Sec. 60.2815.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limitations on the date your incinerator restarts 
operation.


Sec. 60.2855  What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?

    If you plan to close your incinerator rather than comply with the 
State plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.


Sec. 60.2860  What are the emission limitations for air curtain 
incinerators?

    (a) After the date the initial stack test is required or completed 
(whichever is earlier), you must meet the limitations in paragraphs 
(a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times, and each malfunction must not exceed 3 hours.


Sec. 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 Sec. 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.


Sec. 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.
    (2) The results (each 6-minute average) 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


Sec. 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.
    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.
    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.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    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.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.

[[Page 75373]]

    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion device that combusts commercial and industrial 
waste, as defined in this subpart. The boundaries of a CISWI unit are 
defined as, but not limited to, the commercial or industrial solid 
waste fuel feed system, grate system, flue gas system, and bottom ash. 
The CISWI unit does not include air pollution control equipment or the 
stack. The CISWI unit boundary starts at the commercial and industrial 
solid waste hopper (if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    Commercial and industrial waste means solid waste combusted in an 
enclosed device using controlled flame combustion without energy 
recovery that is a distinct operating unit of any commercial or 
industrial facility (including field-erected, modular, and custom built 
incineration units operating with starved or excess air), or solid 
waste combusted in an air curtain incinerator without energy recovery 
that is a distinct operating unit of any commercial or industrial 
facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste 
materials that is attached to a 55 gallon, open-head drum. The device 
consists of a lid, which fits onto and encloses the drum, and a blower 
that forces combustion air into the drum in a cyclonic manner to 
enhance the mixing of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless or whether or not 
such failure is permitted by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    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.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than June 1, 2001 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    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).
    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.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 1, 2001.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what 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 refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste 
treatment plant, water supply treatment plant, or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid, or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations, and from community

[[Page 75374]]

activities, but does not include solid or dissolved material in 
domestic sewage, or solid or dissolved materials in irrigation return 
flows or industrial discharges which are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, 
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct 
material as defined by the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2014). For purposes of this subpart and subpart CCCC, only, 
solid waste does not include the waste burned in the fifteen types of 
units described in Sec. 60.2555.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 deg.F (20 deg.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.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.

              Table 1 to Subpart DDDD--Model Rule--Increments of Progress and Compliance Schedules
----------------------------------------------------------------------------------------------------------------
     Comply with these increments of progress                            By these dates \a\
----------------------------------------------------------------------------------------------------------------
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.


                            Table 2 to Subpart DDDD--Model Rule--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \a\                                                 method
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.004 milligrams per   3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part)
Carbon monoxide...................  157 parts per million  3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     10, 10A, or 10B, of
                                                            run).                       appendix A of this part)
Dioxins/furans (toxic equivalency   0.41 nanograms per     3-run average (1 hour       Performance test (Method
 basis).                             dry standard cubic     minimum sample time per     23 of appendix A of this
                                     meter.                 run).                       part)
Hydrogen chloride.................  62 parts per million   3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     26A of appendix A of
                                                            run).                       this part)
Lead..............................  0.04 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part)
Mercury...........................  0.47 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part)
Opacity...........................  10 percent...........  6-minute averages.........  Performance test (Method
                                                                                        9 of appendix A of this
                                                                                        part)
Oxides of nitrogen................  388 parts per million  3-run average (1 hour       Performance test (Methods
                                     by dry volume.         minimum sample time per     7, 7A, 7C, 7D, or 7E of
                                                            run).                       appendix A of this part)
Particulate matter................  70 milligrams per dry  3-run average (1 hour       Performance test (Method
                                     standard cubic meter.  minimum sample time per     5 or 29 of appendix A of
                                                            run).                       ths part)
Sulfur dioxide....................  20 parts per million   3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     6 or 6c of appendix A of
                                                            run).                       this part)
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


                                         Table 3 to Subpart DDDD--Model Rule--Operating Limits for Wet Scrubbers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      And monitor using these minimum frequencies
   For these operating parameters        You must establish   ------------------------------------------------------------------------------------------
                                       these operating limits      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          Minimum pressure drop    Continuous.............  Every 15 minutes......  3-hour rolling \a\
 scrubber or amperage to wet           or amperage.
 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.


[[Page 75375]]


     Table 4 to Subpart DDDD--Model Rule--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     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--Model Rule--Summary of Reporting Requirements a
----------------------------------------------------------------------------------------------------------------
            Report                     Due date               Contents                     Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan.........  No later than the       Waste         Sec.  60.2755.
                                 date specified in      management plan.
                                 table 1 for
                                 submittal of the
                                 final control plan.
Initial Test Report...........  No later than 60 days   Complete      Sec.  60.2760.
                                 following the          test report for the
                                 initial performance    initial performance
                                 test.                  test
                                                        The values
                                                        for the site-
                                                        specific operating
                                                        limits.
                                                        Installation
                                                        of bag leak
                                                        detection systems
                                                        for fabric filters.
Annual Report.................  No later than 12        Name and      Secs.  60.2765 and 60.2770.
                                 months following the   address.
                                 submission of the      Statement
                                 initial test report.   and signature by
                                 Subsequent reports     responsible official.
                                 are to be submitted    Date of
                                 no more than 12        report.
                                 months following the   Values for
                                 previous report.       the operating limits.
                                                        If no
                                                        deviations or
                                                        malfunctions were
                                                        reported, a
                                                        statement that no
                                                        deviations occurred
                                                        during the reporting
                                                        period.
                                                        Highest
                                                        recorded 3-hour
                                                        average and the
                                                        lowest 3-hour
                                                        average, as
                                                        applicable, for each
                                                        operating parameter
                                                        recorded for the
                                                        calendar year being
                                                        reported.
                                                        Information
                                                        for deviations or
                                                        malfunctions
                                                        recorded under Sec.
                                                        60.2740(b)(6) and
                                                        (c) through (e).
                                                        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 Sec.
                                                         60.2155(a) or (b)
                                                        were met.
                                                        Documentatio
                                                        n of periods when
                                                        all qualified CISWI
                                                        unit operators were
                                                        unavailable for more
                                                        than 8 hours but
                                                        less than 2 weeks.
Emission Limitation or          By August 1 of that     Dates and     Secs.  60.2775 and 60.2780.
 Operating Limit Deviation       year for data          times of deviations.
 Report.                         collected during the   Averaged and
                                 first half of the      recorded data for
                                 calendar year. By      these dates.
                                 February 1 of the      Duration and
                                 following year for     causes for each
                                 data collected         deviation and the
                                 during the second      corrective actions
                                 half of the calendar   taken.
                                 year.                  Copy of
                                                        operating limit
                                                        monitoring data and
                                                        any test reports.
                                                        Dates,
                                                        times, and causes
                                                        for monitor downtime
                                                        incidents.
                                                        Whether each
                                                        deviation occurred
                                                        during a period of
                                                        startup, shutdown,
                                                        or malfunction.

[[Page 75376]]

 
Qualified Operator Deviation    Within 10 days of       Statement of  Sec.  60.2785(a)(1).
 Notification.                   deviation.             cause of deviation.
                                                        Description
                                                        of efforts to have
                                                        an accessible
                                                        qualified operator.
                                                        The date a
                                                        qualified operator
                                                        will be accessible.
Qualified Operator Deviation    Every 4 weeks           Description   Sec.  60.2785(a)(2).
 Status Report.                  following deviation.   of efforts to have
                                                        an accessible
                                                        qualified operator
                                                        The date a
                                                        qualified operator
                                                        will be accessible.
                                                        Request for
                                                        approval to continue
                                                        operation.
Qualified Operator Deviation    Prior to resuming       Notification  Sec.  60.2785(b)
 Notification of Resumed         operation.             that you are
 Operation.                                             resuming operation
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 00-29875 Filed 11-30-00; 8:45 am]
BILLING CODE 6560-01-U`