76350 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–6899–6]

RIN 2060–AI51

New Source Performance Standards

for New Small Municipal Waste

Combustion Units

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action reestablishes new

source performance standards (NSPS)

for new small municipal waste

combustion (MWC) units. The NSPS for

small MWC units contain stringent

emission limits for organics (dioxins/

furans), metals (cadmium, lead,

mercury, and particulate matter), and

acid gases (hydrogen chloride, sulfur

dioxide, and nitrogen oxides). Some of

those pollutants can cause toxic effects

such as eye, nose, throat, and skin

irritation, and blood cell, heart, liver,

and kidney damage. The NSPS for small

MWC units were originally promulgated

in December 1995, but were vacated by

the U.S. Court of Appeals for the District

of Columbia Circuit in March 1997. In

response to the 1997 vacature, on

August 30, 1999, EPA proposed to

reestablish NSPS for small MWC units.

The NSPS contained in this final rule

are equivalent to the 1995 NSPS for

small MWC units.

DATES: Effective date. June 6, 2001.

The incorporation by reference of

certain publications listed in this rule

are approved by the Director of the

Office of Federal Register as of June 6,

2001.

Applicability Date. The NSPS apply to

small MWC units that commenced

construction after August 30, 1999 and

small MWC units that commenced

reconstruction or modification after

June 6, 2001.

ADDRESSES: Docket No. A–98–18 and

associated Docket Nos. A–90–45 and A–

89–08 contain supporting information

for the NSPS. The dockets are available

for public inspection and copying

between 8:00 a.m. and 5:30 p.m.,

Monday through Friday, at EPA’s Air

and Radiation Docket and Information

Center (Mail Code-6102), 401 M Street

SW, Washington, DC 20460, or by

calling (202) 260–7548. The dockets are

located at the above address in Room

M–1500, Waterside Mall (ground floor).

A reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Rick Copland at (919) 541–5265,

Combustion Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, e-mail:

copland.rick@epa.gov.

SUPPLEMENTARY INFORMATION: Public

Comments. The NSPS and companion

emission guidelines for small MWC

units were proposed on August 30, 1999

(64 FR 47276), and 48 comment letters

were received on the proposals. Verbal

comments were also received at the

October 5, 1999 public hearing. The

comment letters and a transcript of the

public hearing are available in Docket

No. A–98–18. A summary of and

responses to the public comments are

contained in ‘‘Small Municipal Waste

Combustors: Background Information

Document for New Source Performance

Standards and Emission GuidelinesPublic Comments and Responses (EPA–

453/R–00-001).’’ In response to the

public comments, EPA adjusted the

final NSPS where appropriate. A copy

of the background information

document is located in Docket No. A–

98–18.

World Wide Web

Electronic versions of this action, the

regulatory text, and other background

information, including the response to

comments document, are available at

the Technology Transfer Network Web

site (TTN Web) that EPA has established

for the NSPS for small MWC units:

‘‘http://www.epa.gov/ttn/uatw/129/

mwc/rimwc2.html.’’ For assistance in

downloading files, call the EPA’s TTN

Web Help Line at (919) 541–5384.

Regulated Entities

The NSPS will affect the following

categories of sources:

Category NAICS

codes

SIC

codes Examples of regulated entities

Industry, Federal government, and

State/local/tribal governments.

562213

92411

4953

9511

Solid waste combustors or incinerators at waste-to-energy facilities that generate electricity or steam from the combustion of garbage (typically municipal waste); and solid waste combustors or incinerators at facilities that combust garbage (typically municipal waste) and do not recover energy from the

waste.

The above list is not intended to be

exhaustive, but rather provides a guide

regarding the entities EPA expects to

regulate with the NSPS for small MWC

units. Not all facilities classified under

the NAICS and SIC codes are affected.

Other types of entities not listed could

also be affected. To determine whether

your facility is regulated by the NSPS,

carefully examine the applicability

criteria in §§ 60.1010 through 60.1045 of

the NSPS.

Judicial Review

Today’s action of adopting a final rule

for small MWC units constitutes final

administrative action on the proposed

NSPS for small MWC units. Under

section 307(b)(1) of the Clean Air Act

(CAA), judicial review of the 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

February 5, 2001. Under section

307(d)(7)(B) of the CAA, only an

objection to this final 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 EPA to

enforce the requirements.

Organization of This Document

The following outline is provided to

aid in locating information in this

preamble.

I. Background Information

II. Summary of the NSPS

A. Sources Regulated by the NSPS

B. Pollutants Regulated by the NSPS

C. Format of the Emission Limits

D. Summary of the NSPS

III. Changes to the NSPS

IV. Impacts of the NSPS

A. Air Impacts

B. Cost and Economic Impacts

V. Companion Rule for Existing Small MWC

Units

VI. Administrative Requirements

A. Executive Order 12866: Regulatory

Planning and Review

B. Executive Order 13132: Federalism

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76351

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 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

ASME American Society of Mechanical

Engineers

ASTM American Society for Testing and

Materials

CFR Code of Federal Regulations

EIA Economic Impact Analysis

EPA U.S. Environmental Protection Agency

FR Federal Register

ICR Information Collection Request kg/year

Kilograms per year

Mg/year Megagrams per year

MACT Maximum achievable control

technology

MSW Municipal solid waste

MWC Municipal waste combustion

NAICS North American Industrial

Classification System

NSPS New source performance standards

NTTAA National Technology Transfer and

Advancement Act

OAQPS Office of Air Quality Planning and

Standards

OMB Office of Management and Budget

OP Office of Policy

Pub. L. Public Law

RFA Regulatory Flexibility Act

SBREFA Small Business Regulatory

Enforcement Fairness Act

SD/FF/CI Spray dryer/fabric filter/carbon

injection

SIC Standard Industrial Classification

TTN Technology Transfer Network

UMRA Unfunded Mandates Reform Act

U.S. United States

U.S.C. United States Code

I. Background Information

On December 19, 1995, EPA

promulgated NSPS for large and small

MWC units under 40 CFR part 60,

subpart Eb. The NSPS covered new

MWC units located at plants with an

aggregate plant combustion capacity

greater than 35 megagrams per day of

municipal solid waste (MSW)

(approximately 39 tons per day of

MSW). The 1995 NSPS divided the

MWC unit population into MWC units

located at large MWC plants and MWC

units located at small MWC plants.

Plant size was based on the total

aggregate capacity of all individual

MWC units at the MWC plant.

Litigation followed the promulgation

of the 1995 NSPS. In 1997, the U.S.

Court of Appeals for the District of

Columbia Circuit ruled that EPA must

develop regulations for small MWC

units (units with an individual MWC

capacity of 250 tons per day or less)

separately from regulations for large

MWC units (units with an individual

MWC unit capacity greater than 250

tons per day), indicating that the 1995

NSPS were not consistent with section

129 of the CAA. The court directed EPA

to revise the 1995 NSPS so that they

applied only to large MWC units, and

the court vacated the 1995 NSPS as they

applied to small MWC units. In

response to the court ruling, EPA

amended the 1995 NSPS on August 25,

1997 so that they applied only to new

large MWC units. Then, on August 30,

1999, EPA proposed NSPS for small

MWC units with an individual unit

capacity of 35 to 250 tons per day.

Today’s final rule reestablishes NSPS

for new small MWC units with

capacities of 35 to 250 tons per day of

MSW under 40 CFR part 60, subpart

AAAA.

II. Summary of the NSPS

The following summarizes the final

NSPS for small MWC units, including

identification of the subcategories used

in the final NSPS. Overall, there are no

significant changes in the final NSPS

compared to the proposed NSPS. The

following two subcategories are used in

the NSPS for small MWC units: Class I

units are small MWC units located at

plants with aggregate plant capacities

greater than 250 tons of MSW per day

while Class II units are small MWC

units located at plants with aggregate

plant capacities less than or equal to 250

tons of MSW per day.

A. Sources Regulated by the NSPS

Today’s NSPS apply to each new

MWC unit that has a design combustion

capacity of 35 to 250 tons per day of

MSW and commenced construction

after August 30, 1999 or commenced

modification or reconstruction after

June 6, 2001. The NSPS for new,

modified, or reconstructed MWC units

will become effective on June 6, 2001.

Small MWC units that commenced

construction on or before August 30,

1999 are not covered under the NSPS

(subpart AAAA). Those units will be

subject to the emission guidelines for

existing small MWC units (subpart

BBBB) which are published separately

in today’s Federal Register.

B. Pollutants Regulated by the NSPS

Section 129 of the CAA requires EPA

to establish numerical emission limits

for dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

sulfur dioxide, hydrogen chloride,

nitrogen oxides, and carbon monoxide.

Section 129 specifies that EPA may also:

* * * promulgate numerical emission

limitations or provide for the monitoring of

post-combustion concentrations of surrogate

substances, parameters, or periods of

residence times in excess of stated

temperatures with respect to pollutants other

than those listed [above]***

Therefore, in addition to the emission

limits, EPA is establishing requirements

for MWC unit operating load, flue gas

temperature at the particulate matter

control device inlet, and carbon feed

rate as part of the good combustion

practice requirements. The EPA is also

establishing requirements for the control

of fugitive ash emissions. All of those

requirements were contained in the

1995 NSPS.

C. Format of the Emission Limits

The format of the emission limits is

identical to the format of the 1995

NSPS: emission limits based on

pollutant concentration. Alternative

percentage reduction requirements are

provided for mercury, sulfur dioxide,

and hydrogen chloride. Opacity and

fugitive ash requirements are the same

as the 1995 NSPS. In addition to

controlling stack emissions, the NSPS

incorporate good combustion practice

requirements (i.e., operator training,

operator certification, and MWC unit

operating requirements).

D. Summary of the NSPS

A concise summary of the NSPS can

be found in Tables 1 and 2 of subpart

AAAA.

III. Changes to the NSPS

There are no substantial changes in

the final NSPS relative to the NSPS

proposed in 1999. A summary of and

responses to the public comments are

contained in the background

information document described earlier

under ‘‘Public Comments.’’ The final

emission limits are consistent with the

1995 NSPS. Based on an evaluation of

the best controlled units within the

small MWC unit population, EPA has

concluded that the performance of a

spray dryer/fabric filter air pollution

control system continues to represent

the maximum achievable control

technology (MACT) floor for new small

MWC units.

IV. Impacts of the NSPS

The following describes the impacts

(i.e., air, water, solid waste, energy, cost,

and economic impacts) of the NSPS for

new small MWC units. The impact

analysis conducted to evaluate the 1995

NSPS still applies because the air

pollution control requirements in the

76352 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

final NSPS are the same as the 1995

NSPS. The 1995 analysis is available at

59 FR 48198. The discussion in this

preamble focuses only on the air, cost,

and economic impacts of the NSPS.

In the preamble for the 1995 NSPS,

EPA determined that the water, solid

waste, and energy impacts associated

with the NSPS were not significant.

Because the NSPS are the same as the

1995 NSPS, the water, solid waste, and

energy impacts are the same and

continue to be judged as not significant.

For further information on the

impacts of the NSPS, refer to ‘‘Economic

Impact Analysis (EIA): Small Municipal

Waste Combustion Units—Emission

Guidelines and New Source

Performance Standards,’’ March 2000,

EPA–452/R–00–001.

A. Air Impacts

As discussed in the EIA,

approximately 90 small MWC units

located at 41 plants are operating in the

United States. Based on trends in small

MWC unit construction over the past

several years, EPA projects that about

one new small MWC plant will be

constructed each year. It is estimated

that most new plants with small MWC

units will have, on average, two small

MWC units onsite. The 5th year impacts

are, therefore, based on the construction

of 10 new small MWC units over a 5-

year period.

Table 1 of this preamble presents the

national air emissions reductions for

new small MWC units that would result

from full implementation of the NSPS in

the 5th year compared to a baseline

scenario without the NSPS.

TABLE 1.—NATIONAL AIR EMISSION IMPACTS OF THE NSPS FOR SMALL MWC UNITS

Pollutant Air emissions reduction Percent

reduction a

Dioxins/Furans b .......................................................................... 0.2 kg/year ................................................................................. 99

Cadmium ..................................................................................... 169 kg/year ................................................................................ 99

Lead ............................................................................................ 15 Mg/year ................................................................................. 99

Mercury ....................................................................................... 386 kg/year ................................................................................ 97

Particulate Matter ........................................................................ 238 Mg/year ............................................................................... 98

Sulfur Dioxide .............................................................................. 189 Mg/year ............................................................................... 83

Hydrogen Chloride ...................................................................... 137 Mg/year ............................................................................... 90

Nitrogen Oxides .......................................................................... (c) ............................................................................................... (c)

aPercent national emissions reduction relative to national baseline emissions that would occur in the absence of the NSPS.

bTotal mass of tetra-through octachlorinated dibenzo-p-dioxins through dibenzofurans.

cFor Class I units, nitrogen oxides emissions reductions are expected to be approximately 40 percent. Class II units are not expected to have

any reductions in nitrogen oxides emissions. Since the future distribution of new Class I and II units is unknown, mass reductions of nitrogen oxides are not presented.

B. Cost and Economic Impacts

To estimate the costs of the NSPS for

new small MWC units, EPA has taken

into account the various air pollution

control equipment that would need to

be installed at new small MWC plants

to achieve the NSPS. The cost estimates

presented here are the projected costs

that a new MWC plant with two small

MWC units would incur to comply with

the NSPS. Those costs are based on new

small MWC units installing spray dryer/

fabric filter/carbon injection as the air

pollution control device system. The

EPA projects that the total annual cost

(including annualized capital and

operating costs) for a single MWC plant

would be approximately $1.6 million,

and the total annualized cost of the

NSPS would be $8.1 million in the 5th

year after promulgation. For more

details on the cost and economic

analysis, refer to the EIA.

V. Companion Rule for Existing Small

MWC Units

A companion rule to establish

emission guidelines for existing small

MWC units is being published

separately in today’s Federal Register.

The emission guidelines for existing

small MWC units are contained in 40

CFR part 60, subpart BBBB.

VI. Administrative Requirements

A. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether the 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 lead to

a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect 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

(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, EPA has determined that

this final rule is not a ‘‘significant

regulatory action’’ and, therefore, is not

subject to OMB review. The EPA

submitted the 1995 rulemaking package

(which included requirements for new

and existing large MWC units and

requirements for new and existing small

MWC units) to OMB for review (60 FR

65405, December 19, 1995) and OMB

approved the rulemaking package for

adoption. The NSPS promulgated today

only apply to new small MWC units and

are projected to have an impact of

approximately $8.1 million annually in

the 5th year after promulgation of the

NSPS.

B. Executive Order 13132: Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA 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.’’

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76353

Under Section 6 of Executive Order

13132, EPA 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 EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law, unless EPA consults with State and

local officials early in the process of

developing the proposed regulation.

This final rule does not have

federalism implications. It 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, because the

NSPS do not preclude States from

adopting and implementing their own

performance standards. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

final rule. Although section 6 of

Executive Order 13132 does not apply

to this final rule, EPA did consult with

State and local officials in developing

this final rule. A list of those

consultations is provided in the

preamble to the 1995 NSPS (60 FR

65405–65412, December 19, 1995).

C. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

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

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to OMB, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s 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 EPA 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. The EPA is not aware of

any small MWC units located in Indian

territory. Accordingly, the requirements

of section 3(b) of Executive Order 13084

do not apply to this final rule.

D. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), applies to any rule that:

(1) Is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

EPA 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 considered by EPA.

The EPA interprets 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 not economically

significant as defined in Executive

Order 12866. Further, it is based on

technology performance and not on

health and safety risks.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

or tribal governments and the private

sector. Under section 202 of the UMRA,

EPA 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, or

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 EPA 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 EPA 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 why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that the

NSPS do not contain a Federal mandate

that may result in expenditures of $100

million or more for State, local, or tribal

governments, in the aggregate, or the

private sector in any 1 year. The EIA

shows that the total annual costs of the

NSPS is about $8.1 million per year in

the 5th year after the rule is

promulgated. Thus, today’s NSPS are

not subject to the requirements of

sections 202 and 205 of the UMRA.

Although the NSPS are not subject to

UMRA, EPA prepared a cost-benefit

analysis under section 202 of the UMRA

for the 1995 NSPS. For a discussion of

how EPA complied with the UMRA for

the 1995 NSPS, including its extensive

consultations with State and local

governments, see the preamble to the

1995 NSPS. Because today’s final NSPS

are equivalent to the 1995 NSPS, no

additional consultations were necessary.

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 prepare a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements under the Administrative

Procedure Act or any other statute

unless the agency certifies that the rule

will not have a significant economic

impact on a substantial number of small

entities. Small entities include small

businesses, small organizations, and

small governmental jurisdictions.

For purposes of assessing the impacts

of today’s final rule on small entities, a

76354 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

small entity is defined as: (1) A small

business in the regulated industry that

has a gross annual revenue less than $6

million; (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; or (3) a small organization

that is any not-for-profit enterprise that

is independently owned and operated

and is not dominant in its field.

After considering the economic

impacts of today’s final rule on small

entities, EPA has determined that this

action will not have a significant

economic impact on a substantial

number of small entities. The EPA has

determined that few small entities use

MWC units for municipal solid waste

disposal. The vast majority of small

entities use municipal solid waste

landfills for disposal. A small entity

considering a new small MWC unit

would have the opportunity to switch to

an alternative municipal solid waste

disposal method, such as municipal

solid waste landfills, if the costs to

comply with the NSPS were considered

prohibitive. Thus, the number of small

entities that will be significantly

impacted by this final rule is not

substantial.

Although this final rule will not have

a significant economic impact on a

substantial number of small entities,

EPA has tried to reduce the impact of

this final rule on small entities by

establishing different requirements for

Class I and Class II MWC units and

establishing provisions for less frequent

testing for Class II MWC units. In

addition, EPA involved representatives

of small entities in the development of

the NSPS.

G. Paperwork Reduction Act

The OMB has approved the

information collection requirements in

the NSPS under the provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and has assigned OMB

control number 2060–0423; and ICR

#1900.01.

The information will be used by EPA

to identify new, modified, or

reconstructed units subject to the NSPS

and to ensure that those units undergo

a preconstruction impact analysis. The

information will also be used by EPA to

ensure that the small MWC unit

requirements are implemented properly

and are complied with on a continuous

basis. Records and reports enable EPA

to identify small MWC units that might

not be in compliance with the NSPS.

Based on reported information, EPA

will decide which small MWC units

should be inspected and what records or

processes should be inspected. Records

that owners and operators of small

MWC units maintain indicate to EPA

whether personnel are operating and

maintaining control equipment

properly.

The recordkeeping and reporting

requirements are specifically authorized

by section 114 of the CAA (42 U.S.C.

7414). All information submitted to the

EPA for which a claim of confidentiality

is made will be safeguarded according

to EPA policies in 40 CFR part 2,

subpart B, Confidentiality of Business

Information.

For the information collection request

(ICR), a 3-year impact period was

analyzed. The NSPS are projected to

affect six MWC units located at three

MWC plants during the first 3 years

immediately following promulgation.

The estimated average annual burden to

owners of new small MWC units for the

first 3 years after promulgation of the

NSPS would be approximately 8,600

person-hours annually at a total cost of

$219,000 for capital start-up costs and

O&M costs per year to meet the

monitoring, recordkeeping, and

reporting requirements. The estimated

average annualized burden to the

government implementing the final

NSPS would be approximately 500

hours during the first 3 years at a cost

of $21,000 (including travel expenses).

Burden means total time, effort, or

financial resources expended by persons

to generate, maintain, retain, disclose, or

provide information to or for a Federal

agency. That 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 EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR chapter 15.

The EPA is amending the table in 40

CFR part 9 of currently approved ICR

control numbers issued by OMB for

various regulations to list the

information collection requirements

contained in this final rule.

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 EPA to use voluntary consensus

standards in its 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, business

practices) developed or adopted by one

or more voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through annual

reports to OMB, explanations when EPA

decides not to use available and

applicable voluntary consensus

standards.

Consistent with the NTTAA, EPA

conducted searches to identify

voluntary consensus standards

applicable to the NSPS for small MWC

units that could be used in process and

emissions monitoring. The search for

emissions monitoring procedures

identified 29 voluntary consensus

standards that initially appeared to have

possible use in lieu of EPA standard

reference methods. After reviewing the

available standards, EPA determined

that 21 of the candidate consensus

standards identified for measuring

emissions or surrogates subject to

emission standards in the final rule

would not be practical due to lack of

equivalency, documentation, validation

data and other important technical and

policy considerations. The seven

remaining candidate consensus

standards are under development or

currently under EPA review. The EPA

plans to follow, review and consider

adopting those standards after their

development and further review by EPA

is completed.

One consensus standard, American

Society for Testing and Materials

(ASTM) D6216–98, is practical for EPA

use in EPA Performance Specification 1

(PS–1) (40 CFR part 60, appendix B).

The ASTM D6216 can best be used in

place of the design specification

verification procedures currently in

sections 5 and 6 of PS–1. On September

23, 1998, EPA proposed incorporating

by reference ASTM D6216–98 under a

separate rulemaking (63 FR 50824).

Comments from the proposal have been

addressed, and EPA expects to complete

that action in the near future. For the

above reasons, EPA does not in this

final rulemaking adopt ASTM D6216–98

in lieu of PS–1 requirements as it would

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76355

be impractical for EPA to act

independently from another rulemaking

activity already undergoing

promulgation, and because ASTM

D6216 does not address all of the

requirements specified in PS–1.

The EPA also conducted searches to

identify voluntary consensus standards

for process monitoring and process

operation. Candidate voluntary

consensus standards for process

monitoring and process operation were

identified for MWC unit load level

(steam output); designing, constructing,

installing, calibrating, and using nozzles

and orifices; and MWC plant operator

certification requirements.

One consensus standard by the

American Society of Mechanical

Engineers (ASME) was identified for

potential use in this final rule for the

measurement of MWC unit load level

(steam output). The EPA believes the

standard is practical to use in this final

rule as the method to measure MWC

unit load. The EPA has already

incorporated by reference ‘‘ASME

Power Test Codes: Test Code for Steam

Generating Units, Power Test Code

4.1—1964 (R1991)’’ in 40 CFR

60.17(h)(2).

A second consensus standard by

ASME was identified for potential use

in this final rule for designing,

constructing, installing, calibrating, and

using nozzles and orifices. The EPA

believes the standard is practical to use

for the design, construction, installation,

calibration, and use of nozzles and

orifices. The EPA has already

incorporated by reference ‘‘American

Society of Mechanical Engineers Interim

Supplement 19.5 on Instruments and

Apparatus: Application, Part II of Fluid

Meters, 6th edition (1971)’’ in 40 CFR

60.17(h)(3).

A third consensus standard by ASME

(QRO–1–1994) was identified for

potential use in this final rule for MWC

plant operator certification requirements

instead of developing new operator

certification procedures. The EPA

believes the standard is practical to use

in the emission guidelines that require

a chief facility operator and shift

supervisor to successfully complete the

operator certification procedures

developed by ASME. The EPA has

already incorporated by reference

(QRO–1–1994) in 40 CFR 60.17(h)(1).

Tables 3, 4 and 5 of subpart AAAA

list the EPA testing methods and

performance standards included in this

final rule. Most of the standards have

been used by States and industry for

more than 10 years. Nevertheless, under

§ 60.8 of subpart A of part 60, the

standard also allows any State or source

to apply to EPA for permission to use

alternative methods in place of any of

the EPA testing methods or performance

standards listed in the rule.

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. The EPA will

submit a report containing this final 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 final 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 final rule will

be effective June 6, 2001.

List of Subjects in 40 CFR Part 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Incorporation by

reference, Municipal waste combustion,

Reporting and recordkeeping

requirements.

Dated: November 3, 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. 7401–7601.

Subpart A—[Amended]

2. Section 60.17 is amended by

revising paragraphs (h)(1), (h)(2) and

(h)(3) to read as follows:

§ 60.17 Incorporations by reference.

* * * * *

(h) * * *

(1) ASME QRO–1–1994, Standard for

the Qualification and Certification of

Resource Recovery Facility Operators,

IBR approved for §§ 60.56a, 60.54b(a),

60.54b(b), 60.1185(a), 60.1185(c)(2),

60.1675(a), and 60.1675(c)(2).

(2) ASME PTC 4.1–1964 (Reaffirmed

1991), Power Test Codes: Test Code for

Steam Generating Units (with 1968 and

1969 Addenda), IBR approved for

§§ 60.46b, 60.58a(h)(6)(ii),

60.58b(i)(6)(ii), 60.1320(a)(3) and

60.1810(a)(3).

(3) ASME Interim Supplement 19.5 on

Instruments and Apparatus:

Application, Part II of Fluid Meters, 6th

Edition (1971), IBR approved for

§§ 60.58a(h)(6)(ii), 60.58b(i)(6)(ii),

60.1320(a)4), and 60.1810(a)(4).

* * * * *

3. Part 60 is amended by adding a

new subpart AAAA to read as follows:

Subpart AAAA—Standards of

Performance for Small Municipal

Waste Combustion Units for Which

Construction is Commenced After

August 30, 1999 or for Which

Modification or Reconstruction is

Commenced After June 6, 2001

Sec.

Introduction

60.1000 What does this subpart do?

60.1005 When does this subpart become

effective?

Applicability

60.1010 Does this subpart apply to my

municipal waste combustion unit?

60.1015 What is a new municipal waste

combustion unit?

60.1020 Does this subpart allow any

exemptions?

60.1025 Do subpart E new source

performance standards also apply to my

municipal waste combustion unit?

60.1030 Can the Administrator delegate

authority to enforce these Federal new

source performance standards to a State

agency?

60.1035 How are these new source

performance standards structured?

60.1040 Do all five components of these

new source performance standards apply

at the same time?

60.1045 Are there different subcategories of

small municipal waste combustion units

within this subpart?

Preconstruction Requirements: Materials

Separation Plan

60.1050 Who must submit a materials

separation plan?

60.1055 What is a materials separation

plan?

60.1060 What steps must I complete for my

materials separation plan?

60.1065 What must I include in my draft

materials separation plan?

60.1070 How do I make my draft materials

separation plan available to the public?

60.1075 When must I accept comments on

the materials separation plan?

60.1080 Where and when must I hold a

public meeting on my draft materials

separation plan?

60.1085 What must I do with any public

comments I receive during the public

comment period on my draft materials

separation plan?

60.1090 What must I do with my revised

materials separation plan?

76356 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

60.1095 What must I include in the public

meeting on my revised materials

separation plan?

60.1100 What must I do with any public

comments I receive on my revised

materials separation plan?

60.1105 How do I submit my final materials

separation plan?

Preconstruction Requirements: Siting

Analysis

60.1110 Who must submit a siting analysis?

60.1115 What is a siting analysis?

60.1120 What steps must I complete for my

siting analysis?

60.1125 What must I include in my siting

analysis?

60.1130 How do I make my siting analysis

available to the public?

60.1135 When must I accept comments on

the siting analysis and revised materials

separation plan?

60.1140 Where and when must I hold a

public meeting on the siting analysis?

60.1145 What must I do with any public

comments I receive during the public

comment period on my siting analysis?

60.1150 How do I submit my siting

analysis?

Good Combustion Practices: Operator

Training

60.1155 What types of training must I do?

60.1160 Who must complete the operator

training course? By when?

60.1165 Who must complete the plantspecific training course?

60.1170 What plant-specific training must I

provide?

60.1175 What information must I include in

the plant-specific operating manual?

60.1180 Where must I keep the plantspecific operating manual?

Good Combustion Practices: Operator

Certification

60.1185 What types of operator certification

must the chief facility operator and shift

supervisor obtain and by when must

they obtain it?

60.1190 After the required date for operator

certification, who may operate the

municipal waste combustion unit?

60.1195 What if all the certified operators

must be temporarily offsite?

Good Combustion Practices: Operating

Requirements

60.1200 What are the operating practice

requirements for my municipal waste

combustion unit?

60.1205 What happens to the operating

requirements during periods of startup,

shutdown, and malfunction?

Emission Limits

60.1210 What pollutants are regulated by

this subpart?

60.1215 What emission limits must I meet?

By when?

60.1220 What happens to the emission

limits during periods of startup,

shutdown, and malfunction?

Continuous Emission Monitoring

60.1225 What types of continuous emission

monitoring must I perform?

60.1230 What continuous emission

monitoring systems must I install for

gaseous pollutants?

60.1235 How are the data from the

continuous emission monitoring systems

used?

60.1240 How do I make sure my continuous

emission monitoring systems are

operating correctly?

60.1245 Am I exempt from any appendix B

or appendix F requirements to evaluate

continuous emission monitoring

systems?

60.1250 What is my schedule for evaluating

continuous emission monitoring

systems?

60.1255 What must I do if I choose to

monitor carbon dioxide instead of

oxygen as a diluent gas?

60.1260 What is the minimum amount of

monitoring data I must collect with my

continuous emission monitoring systems

and is the data collection requirement

enforceable?

60.1265 How do I convert my 1-hour

arithmetic averages into the appropriate

averaging times and units?

60.1270 What is required for my continuous

opacity monitoring system and how are

the data used?

60.1275 What additional requirements must

I meet for the operation of my

continuous emission monitoring systems

and continuous opacity monitoring

system?

60.1280 What must I do if any of my

continuous emission monitoring systems

are temporarily unavailable to meet the

data collection requirements?

Stack Testing

60.1285 What types of stack tests must I

conduct?

60.1290 How are the stack test data used?

60.1295 What schedule must I follow for

the stack testing?

60.1300 What test methods must I use to

stack test?

60.1305 May I conduct stack testing less

often?

60.1310 May I deviate from the 13-month

testing schedule if unforeseen

circumstances arise?

Other Monitoring Requirements

60.1315 Must I meet other requirements for

continuous monitoring?

60.1320 How do I monitor the load of my

municipal waste combustion unit?

60.1325 How do I monitor the temperature

of flue gases at the inlet of my particulate

matter control device?

60.1330 How do I monitor the injection rate

of activated carbon?

60.1335 What is the minimum amount of

monitoring data I must collect with my

continuous parameter monitoring

systems and is the data collection

requirement enforceable?

Recordkeeping

60.1340 What records must I keep?

60.1345 Where must I keep my records and

for how long?

60.1350 What records must I keep for the

materials separation plan and siting

analysis?

60.1355 What records must I keep for

operator training and certification?

60.1360 What records must I keep for stack

tests?

60.1365 What records must I keep for

continuously monitored pollutants or

parameters?

60.1370 What records must I keep for

municipal waste combustion units that

use activated carbon?

Reporting

60.1375 What reports must I submit before

I submit my notice of construction?

60.1380 What must I include in my notice

of construction?

60.1385 What reports must I submit after I

submit my notice of construction and in

what form?

60.1390 What are the appropriate units of

measurement for reporting my data?

60.1395 When must I submit the initial

report?

60.1400 What must I include in my initial

report?

60.1405 When must I submit the annual

report?

60.1410 What must I include in my annual

report?

60.1415 What must I do if I am out of

compliance with the requirements of this

subpart?

60.1420 If a semiannual report is required,

when must I submit it?

60.1425 What must I include in the

semiannual out-of-compliance reports?

60.1430 Can reporting dates be changed?

Air Curtain Incinerators That Burn 100

Percent Yard Waste

60.1435 What is an air curtain incinerator?

60.1440 What is yard waste?

60.1445 What are the emission limits for air

curtain incinerators that burn 100

percent yard waste?

60.1450 How must I monitor opacity for air

curtain incinerators that burn 100

percent yard waste?

60.1455 What are the recordkeeping and

reporting requirements for air curtain

incinerators that burn 100 percent yard

waste?

Equations

60.1460 What equations must I use?

Definitions

60.1465 What definitions must I know?

Tables

Table 1 of Subpart AAAA—Emission Limits

For New Small Municipal Waste

Combustion Units

Table 2 of Subpart AAAA—Carbon

Monoxide Emission Limits For New

Small Municipal Waste Combustion

Units

Table 3 of Subpart AAAA—Requirements For

Validating Continuous Emission

Monitoring Systems (CEMS)

Table 4 of Subpart AAAA—Requirements For

Continuous Emission Monitoring

Systems (CEMS)

Table 5 of Subpart AAAA—Requirements For

Stack Tests

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76357

Introduction

§ 60.1000 What does this subpart do?

This subpart establishes new source

performance standards for new small

municipal waste combustion units.

§ 60.1005 When does this subpart become

effective?

This subpart takes effect June 6, 2001.

Some of the requirements in this

subpart apply to municipal waste

combustion unit planning and must be

completed before construction is

commenced on the municipal waste

combustion unit. In particular, the

preconstruction requirements in

§§ 60.1050 through 60.1150 must be

completed prior to commencing

construction. Other requirements (such

as the emission limits) apply when the

municipal waste combustion unit begins

operation.

Applicability

§ 60.1010 Does this subpart apply to my

municipal waste combustion unit?

Yes, if your municipal waste

combustion unit meets two criteria:

(a) Your municipal waste combustion

unit is a new municipal waste

combustion unit.

(b) Your municipal waste combustion

unit has the capacity to combust at least

35 tons per day but no more than 250

tons per day of municipal solid waste or

refuse-derived fuel.

§ 60.1015 What is a new municipal waste

combustion unit?

(a) A new municipal waste

combustion unit is a municipal waste

combustion unit that meets either of two

criteria:

(1) Commenced construction after

August 30, 1999.

(2) Commenced reconstruction or

modification after June 6, 2001.

(b) This subpart does not apply to

your municipal waste combustion unit

if you make physical or operational

changes to an existing municipal waste

combustion unit primarily to comply

with the emission guidelines in subpart

BBBB of this part. Such changes do not

qualify as reconstruction or

modification under this subpart.

§ 60.1020 Does this subpart allow any

exemptions?

(a) Small municipal waste combustion

units that combust less than 11 tons per

day. You are exempt from this subpart

if you meet four requirements:

(1) Your municipal waste combustion

unit is subject to a federally enforceable

permit limiting the amount of municipal

solid waste combusted to less than 11

tons per day.

(2) You notify the Administrator that

the unit qualifies for the exemption.

(3) You provide the Administrator

with a copy of the federally enforceable

permit.

(4) You keep daily records of the

amount of municipal solid waste

combusted.

(b) Small power production facilities.

You are exempt from this subpart if you

meet four requirements:

(1) Your 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) Your unit combusts homogeneous

waste (excluding refuse-derived fuel) to

produce electricity.

(3) You notify the Administrator that

the unit qualifies for the exemption.

(4) You provide the Administrator

with documentation that the unit

qualifies for the exemption.

(c) Cogeneration facilities. You are

exempt from this subpart if you meet

four requirements:

(1) Your unit qualifies as a

cogeneration facility under section

3(18)(B) of the Federal Power Act (16

U.S.C. 796(18)(B)).

(2) Your unit combusts homogeneous

waste (excluding 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 qualifies for the exemption.

(4) You provide the Administrator

with documentation that the unit

qualifies for the exemption.

(d) Municipal waste combustion units

that combust only tires. You are exempt

from this subpart if you meet three

requirements:

(1) Your municipal waste combustion

unit combusts a single-item waste

stream of tires and no other municipal

waste (the unit can co-fire coal, fuel oil,

natural gas, or other nonmunicipal solid

waste).

(2) You notify the Administrator that

the unit qualifies for the exemption.

(3) You provide the Administrator

with documentation that the unit

qualifies for the exemption.

(e) Hazardous waste combustion

units. You are exempt from this subpart

if you get a permit for your unit under

section 3005 of the Solid Waste Disposal

Act.

(f) Materials recovery units. You are

exempt from this subpart if your unit

combusts waste mainly to recover

metals. Primary and secondary smelters

qualify for the exemption.

(g) Co-fired combustors. You are

exempt from this subpart if you meet

four requirements:

(1) Your unit has a federally

enforceable permit limiting the

combustion of municipal solid waste to

30 percent of the total fuel input by

weight.

(2) You notify the Administrator that

the unit qualifies for the exemption.

(3) You provide the Administrator

with a copy of the federally enforceable

permit.

(4) You record the weights, each

quarter, of municipal solid waste and of

all other fuels combusted.

(h) Plastics/rubber recycling units.

You are exempt from this subpart if you

meet four requirements:

(1) Your pyrolysis/combustion unit is

an integrated part of a plastics/rubber

recycling unit as defined under

‘‘Definitions’’ (§ 60.1465).

(2) You record the weights, each

quarter, of plastics, rubber, and rubber

tires processed.

(3) You record the weights, each

quarter, of feed stocks produced and

marketed from chemical plants and

petroleum refineries.

(4) You keep the name and address of

the purchaser of those feed stocks.

(i) Units that combust fuels made

from products of plastics/rubber

recycling plants. You are exempt from

this subpart if you meet two

requirements:

(1) Your unit combusts gasoline,

diesel fuel, jet fuel, fuel oils, residual

oil, refinery gas, petroleum coke,

liquified petroleum gas, propane, or

butane produced by chemical plants or

petroleum refineries that use feedstocks

produced by plastics/rubber recycling

units.

(2) Your unit does not combust any

other municipal solid waste.

(j) Cement kilns. You are exempt from

this subpart if your cement kiln

combusts municipal solid waste.

(k) Air curtain incinerators. If your air

curtain incinerator (see § 60.1465 for

definition) combusts 100 percent yard

waste, you must meet only the

requirements under ‘‘Air Curtain

Incinerators That Burn 100 Percent Yard

Waste’’ (§§ 60.1435 through 60.1455).

§ 60.1025 Do subpart E new source

performance standards also apply to my

municipal waste combustion unit?

If this subpart AAAA applies to your

municipal waste combustion unit, then

subpart E of this part does not apply to

your municipal waste combustion unit.

§ 60.1030 Can the Administrator delegate

authority to enforce these Federal new

source performance standards to a State

agency?

Yes, the Administrator can delegate

all authorities in all sections of this

76358 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

subpart to the State for direct State

enforcement.

§ 60.1035 How are these new source

performance standards structured?

These new source performance

standards contain five major

components:

(a) Preconstruction requirements.

(1) Materials separation plan.

(2) Siting analysis.

(b) Good combustion practices.

(1) Operator training.

(2) Operator certification.

(3) Operating requirements.

(c) Emission limits.

(d) Monitoring and stack testing.

(e) Recordkeeping and reporting.

§ 60.1040 Do all five components of these

new source performance standards apply at

the same time?

No, you must meet the

preconstruction requirements before

you commence construction of the

municipal waste combustion unit. After

the municipal waste combustion unit

begins operation, you must meet all of

the good combustion practices, emission

limits, monitoring, stack testing, and

most recordkeeping and reporting

requirements.

§ 60.1045 Are there different

subcategories of small municipal waste

combustion units within this subpart?

(a) Yes, this subpart subcategorizes

small municipal waste combustion units

into two groups based on the aggregate

capacity of the municipal waste

combustion plant as follows:

(1) Class I Units. Class I units are

small municipal waste combustion units

that are located at municipal waste

combustion plants with an aggregate

plant combustion capacity greater than

250 tons per day of municipal solid

waste. (See the definition of ‘‘municipal

waste combustion plant capacity’’ in

§ 60.1465 for specification of which

units at a plant are included in the

aggregate capacity calculation.)

(2) Class II Units. Class II units are

small municipal waste combustion units

that are located at municipal waste

combustion plants with an aggregate

plant combustion capacity less than or

equal to 250 tons per day of municipal

solid waste. (See the definition of

‘‘municipal waste combustion plant

capacity’’ in § 60.1465 for specification

of which units at a plant are included

in the aggregate capacity calculation.)

(b) The requirements for Class I and

Class II units are identical except for

two items:

(1) Class I units have a nitrogen

oxides emission limit. Class II units do

not have a nitrogen oxides emission

limit (see Table 1 of this subpart).

Additionally, Class I units have

continuous emission monitoring,

recordkeeping, and reporting

requirements for nitrogen oxides.

(2) Class II units are eligible for the

reduced testing option provided in

§ 60.1305.

Preconstruction Requirements:

Materials Separation Plan

§ 60.1050 Who must submit a materials

separation plan?

(a) You must prepare a materials

separation plan for your municipal

waste combustion unit if you commence

construction of a new small municipal

waste combustion unit after December

6, 2000.

(b) If you commence construction of

your municipal waste combustion unit

after August 30, 1999 but before

December 6, 2000, you are not required

to prepare the materials separation plan

specified in this subpart.

(c) You must prepare a materials

separation plan if you are required to

submit an initial application for a

construction permit, under 40 CFR part

51, subpart I, or part 52, as applicable,

for the reconstruction or modification of

your municipal waste combustion unit.

§ 60.1055 What is a materials separation

plan?

The plan identifies a goal and an

approach for separating certain

components of municipal solid waste

for a given service area prior to waste

combustion and making them available

for recycling.

§ 60.1060 What steps must I complete for

my materials separation plan?

(a) For your materials separation plan,

you must complete nine steps:

(1) Prepare a draft materials

separation plan.

(2) Make your draft plan available to

the public.

(3) Hold a public meeting on your

draft plan.

(4) Prepare responses to public

comments received during the public

comment period on your draft plan.

(5) Prepare a revised materials

separation plan.

(6) Discuss the revised plan at the

public meeting for review of the siting

analysis.

(7) Prepare responses to public

comments received on your revised

plan.

(8) Prepare a final materials

separation plan.

(9) Submit the final materials

separation plan.

(b) You may use analyses conducted

under the requirements of 40 CFR part

51, subpart I, or part 52, to comply with

some of the materials separation

requirements of this subpart.

§ 60.1065 What must I include in my draft

materials separation plan?

(a) You must prepare and submit a

draft materials separation plan for your

municipal waste combustion unit and

its service area.

(b) Your draft materials separation

plan must identify a goal and an

approach for separating certain

components of municipal solid waste

for a given service area prior to waste

combustion and making them available

for recycling. A materials separation

plan may include such elements as

dropoff facilities, buy-back or depositreturn incentives, programs for curbside

pickup, and centralized systems for

mechanical separation.

(c) Your materials separation plan

may include different goals or

approaches for different subareas in the

service area.

(d) Your materials separation plan

may exclude materials separation

activities for certain subareas or, if

warranted, the entire service area.

§ 60.1070 How do I make my draft

materials separation plan available to the

public?

(a) Distribute your draft materials

separation plan to the main public

libraries in the area where you will

construct the municipal waste

combustion unit.

(b) Publish a notice of a public

meeting in the main newspapers that

serve two areas:

(1) The area where you will construct

the municipal waste combustion unit.

(2) The areas where the waste that

your municipal waste combustion unit

combusts will be collected.

(c) Include six items in your notice of

the public meeting:

(1) The date of the public meeting.

(2) The time of the public meeting.

(3) The location of the public meeting.

(4) The location of the public libraries

where the public can find your

materials separation plan. Include the

normal business hours of each library.

(5) An agenda of the topics that will

be discussed at the public meeting.

(6) The beginning and ending dates of

the public comment period on your

draft materials separation plan.

§ 60.1075 When must I accept comments

on the materials separation plan?

(a) You must accept verbal comments

at the public meeting.

(b) You must accept written

comments anytime during the period

that begins on the date the document is

distributed to the main public libraries

and ends 30 days after the date of the

public meeting.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76359

§ 60.1080 Where and when must I hold a

public meeting on my draft materials

separation plan?

(a) You must hold a public meeting

and accept comments on your draft

materials separation plan.

(b) You must hold the public meeting

in the county where you will construct

the municipal waste combustion unit.

(c) You must schedule the public

meeting to occur at least 30 days after

you make your draft materials

separation plan available to the public.

(d) You may combine the public

meeting with any other public meeting

required as part of any other Federal,

State, or local permit review. However,

you may not combine it with the public

meeting required for the siting analysis

under ‘‘Preconstruction Requirements:

Siting Analysis’’ (§ 60.1140).

(e) You are encouraged to address

eight topics at the public meeting for

your draft materials separation plan:

(1) Expected size of the service area

for your municipal waste combustion

unit.

(2) Amount of waste you will collect

in the service area.

(3) Types and estimated amounts of

materials proposed for separation.

(4) Methods proposed for materials

separation.

(5) Amount of residual waste for

disposal.

(6) Alternate disposal methods for

handling the residual waste.

(7) Where your responses to public

comments on the draft materials

separation plan will be available for

inspection.

(8) Where your revised materials

separation plan will be available for

inspection.

(f) You must prepare a transcript of

the public meeting on your draft

materials separation plan.

§ 60.1085 What must I do with any public

comments I receive during the public

comment period on my draft materials

separation plan?

You must do three steps:

(a) Prepare written responses to any

public comments you received during

the public comment period. Summarize

the responses to public comments in a

document that is separate from your

revised materials separation plan.

(b) Make the comment response

document available to the public in the

service area where you will construct

your municipal waste combustion unit.

You must distribute the document at

least to the main public libraries used to

announce the public meeting.

(c) Prepare a revised materials

separation plan for the municipal waste

combustion unit that includes, as

appropriate, changes made in response

to any public comments you received

during the public comment period.

§ 60.1090 What must I do with my revised

materials separation plan?

You must do two tasks:

(a) As specified under ‘‘Reporting’’

(§ 60.1375), submit five items to the

Administrator by the date you submit

the application for a construction permit

under 40 CFR part 51, subpart I, or part

52. (If you are not required to submit an

application for a construction permit

under 40 CFR part 51, subpart I, or part

52, submit five items to the

Administrator by the date of your notice

of construction under § 60.1380):

(1) Your draft materials separation

plan.

(2) Your revised materials separation

plan.

(3) Your notice of the public meeting

for your draft materials separation plan.

(4) A transcript of the public meeting

on your draft materials separation plan.

(5) The document that summarizes

your responses to the public comments

you received during the public

comment period on your draft materials

separation plan.

(b) Make your revised materials

separation plan available to the public

as part of the siting analysis procedures

under ‘‘Preconstruction Requirements:

Siting Analysis’’ (§ 60.1130).

§ 60.1095 What must I include in the public

meeting on my revised materials separation

plan?

As part of the public meeting for

review of the siting analysis, as

specified under ‘‘Preconstruction

Requirements: Siting Analysis’’

(§ 60.1140), you must discuss two areas:

(a) Differences between your revised

materials separation plan and your draft

materials separation plan discussed at

the first public meeting (§ 60.1080).

(b) Questions about your revised

materials separation plan.

§ 60.1100 What must I do with any public

comments I receive on my revised materials

separation plan?

(a) Prepare written responses to any

public comments and include them in

the document that summarizes your

responses to public comments on the

siting analysis.

(b) Prepare a final materials

separation plan that includes, as

appropriate, changes made in response

to any public comments you received on

your revised materials separation plan.

§ 60.1105 How do I submit my final

materials separation plan?

As specified under ‘‘Reporting’’

(§ 60.1380), submit your final materials

separation plan to the Administrator as

part of the notice of construction for the

municipal waste combustion unit.

Preconstruction Requirements: Siting

Analysis

§ 60.1110 Who must submit a siting

analysis?

(a) You must prepare a siting analysis

if you commence construction of a small

municipal waste combustion unit after

December 6, 2000.

(b) If you commence construction on

your municipal waste combustion unit

after August 30, 1999, but before

December 6, 2000, you are not required

to prepare the siting analysis specified

in this subpart.

(c) 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 part

52, as applicable, for the reconstruction

or modification of your municipal waste

combustion unit.

§ 60.1115 What is a siting analysis?

The siting analysis addresses how

your municipal waste combustion unit

affects ambient air quality, visibility,

soils, vegetation, and other relevant

factors. The analysis can be used to

determine whether the benefits of your

proposed facility significantly outweigh

the environmental and social costs

resulting from its location and

construction. The analysis must also

consider other major industrial facilities

near the proposed site.

§ 60.1120 What steps must I complete for

my siting analysis?

(a) For your siting analysis, you must

complete five steps:

(1) Prepare an analysis.

(2) Make your analysis available to the

public.

(3) Hold a public meeting on your

analysis.

(4) Prepare responses to public

comments received on your analysis.

(5) Submit your analysis.

(b) You may use analyses conducted

under the requirements of 40 CFR part

51, subpart I, or part 52, to comply with

some of the siting analysis requirements

of this subpart.

§ 60.1125 What must I include in my siting

analysis?

(a) Include an analysis of how your

municipal waste combustion unit affects

four areas:

(1) Ambient air quality.

(2) Visibility.

(3) Soils.

(4) Vegetation.

(b) Include an analysis of alternatives

for controlling air pollution that

76360 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

minimize potential risks to the public

health and the environment.

§ 60.1130 How do I make my siting

analysis available to the public?

(a) Distribute your siting analysis and

revised materials separation plan to the

main public libraries in the area where

you will construct your municipal waste

combustion unit.

(b) Publish a notice of a public

meeting in the main newspapers that

serve two areas:

(1) The area where you will construct

your municipal waste combustion unit.

(2) The areas where the waste that

your municipal waste combustion unit

combusts will be collected.

(c) Include six items in your notice of

the public meeting:

(1) The date of the public meeting.

(2) The time of the public meeting.

(3) The location of the public meeting.

(4) The location of the public libraries

where the public can find your siting

analysis and revised materials

separation plan. Include the normal

business hours of each library.

(5) An agenda of the topics that will

be discussed at the public meeting.

(6) The beginning and ending dates of

the public comment period on your

siting analysis and revised materials

separation plan.

§ 60.1135 When must I accept comments

on the siting analysis and revised materials

separation plan?

(a) You must accept verbal comments

at the public meeting.

(b) You must accept written

comments anytime during the period

that begins on the date the document is

distributed to the main public libraries

and ends 30 days after the date of the

public meeting.

§ 60.1140 Where and when must I hold a

public meeting on the siting analysis?

(a) You must hold a public meeting to

discuss and accept comments on your

siting analysis and your revised

materials separation plan.

(b) You must hold the public meeting

in the county where you will construct

your municipal waste combustion unit.

(c) You must schedule the public

meeting to occur at least 30 days after

you make your siting analysis and

revised materials separation plan

available to the public.

(d) You must prepare a transcript of

the public meeting on your siting

analysis.

§ 60.1145 What must I do with any public

comments I receive during the public

comment period on my siting analysis?

You must do three things:

(a) Prepare written responses to any

public comments on your siting analysis

and the revised materials separation

plan you received during the public

comment period. Summarize the

responses to public comments in a

document that is separate from your

materials separation plan and siting

analysis.

(b) Make the comment response

document available to the public in the

service area where you will construct

your municipal waste combustion unit.

You must distribute the document at

least to the main public libraries used to

announce the public meeting for the

siting analysis.

(c) Prepare a revised siting analysis

for the municipal waste combustion

unit that includes, as appropriate,

changes made in response to any public

comments you received during the

public comment period.

§ 60.1150 How do I submit my siting

analysis?

As specified under ‘‘Reporting’’

(§ 60.1380), submit four items as part of

the notice of construction:

(a) Your siting analysis.

(b) Your notice of the public meeting

on your siting analysis.

(c) A transcript of the public meeting

on your siting analysis.

(d) The document that summarizes

your responses to the public comments

you received during the public

comment period.

Good Combustion Practices: Operator

Training

§ 60.1155 What types of training must I

do?

There are two types of required

training:

(a) Training of operators of municipal

waste combustion units using the U.S.

Environmental Protection Agency (EPA)

or a State-approved training course.

(b) Training of plant personnel using

a plant-specific training course.

§ 60.1160 Who must complete the operator

training course? By when?

(a) Three types of employees must

complete the EPA or State-approved

operator training course:

(1) Chief facility operators.

(2) Shift supervisors.

(3) Control room operators.

(b) Those employees must complete

the operator training course by the later

of three dates:

(1) Six months after your municipal

waste combustion unit initial startup.

(2) December 6, 2001.

(3) The date before an employee

assumes responsibilities that affect

operation of the municipal waste

combustion unit.

§ 60.1165 Who must complete the plantspecific training course?

All employees with responsibilities

that affect how a municipal waste

combustion unit operates must

complete the plant-specific training

course. Include at least six types of

employees:

(a) Chief facility operators.

(b) Shift supervisors.

(c) Control room operators.

(d) Ash handlers.

(e) Maintenance personnel.

(f) Crane or load handlers.

§ 60.1170 What plant-specific training

must I provide?

For plant-specific training, you must

do four things:

(a) For training at a particular plant,

develop a specific operating manual for

that plant by the later of two dates:

(1) Six months after your municipal

waste combustion unit initial startup.

(2) December 6, 2001.

(b) Establish a program to review the

plant-specific operating manual with

people whose responsibilities affect the

operation of your municipal waste

combustion unit. Complete the initial

review by the later of three dates:

(1) Six months after your municipal

waste combustion unit initial startup.

(2) December 6, 2001.

(3) The date before an employee

assumes responsibilities that affect

operation of the municipal waste

combustion unit.

(c) Update your manual annually.

(d) Review your manual with staff

annually.

§ 60.1175 What information must I include

in the plant-specific operating manual?

You must include 11 items in the

operating manual for your plant:

(a) A summary of all applicable

requirements in this subpart.

(b) A description of the basic

combustion principles that apply to

municipal waste combustion units.

(c) Procedures for receiving, handling,

and feeding municipal solid waste.

(d) Procedures to be followed during

periods of startup, shutdown, and

malfunction of the municipal waste

combustion unit.

(e) Procedures for maintaining a

proper level of combustion air supply.

(f) Procedures for operating the

municipal waste combustion unit in

compliance with the requirements

contained in this subpart.

(g) Procedures for responding to

periodic upset or off-specification

conditions.

(h) Procedures for minimizing

carryover of particulate matter.

(i) Procedures for handling ash.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76361

(j) Procedures for monitoring

emissions from the municipal waste

combustion unit.

(k) Procedures for recordkeeping and

reporting.

§ 60.1180 Where must I keep the plantspecific operating manual?

You must keep your operating manual

in an easily accessible location at your

plant. It must be available for review or

inspection by all employees who must

review it and by the Administrator.

Good Combustion Practices: Operator

Certification

§ 60.1185 What types of operator

certification must the chief facility operator

and shift supervisor obtain and by when

must they obtain it?

(a) Each chief facility operator and

shift supervisor must obtain and keep a

current provisional operator

certification from the American Society

of Mechanical Engineers (QRO–1–1994)

(incorporated by reference in

§ 60.17(h)(1)) or a current provisional

operator certification from your State

certification program.

(b) Each chief facility operator and

shift supervisor must obtain a

provisional certification by the later of

three dates:

(1) Six months after the municipal

waste combustion unit initial startup.

(2) December 6, 2001.

(3) Six months after they transfer to

the municipal waste combustion unit or

6 months after they are hired to work at

the municipal waste combustion unit.

(c) Each chief facility operator and

shift supervisor must take one of three

actions:

(1) Obtain a full certification from the

American Society of Mechanical

Engineers or a State certification

program in your State.

(2) Schedule a full certification exam

with the American Society of

Mechanical Engineers (QRO–1–1994)

(incorporated by reference in

§ 60.17(h)(1)).

(3) Schedule a full certification exam

with your State certification program.

(d) The chief facility operator and

shift supervisor must obtain the full

certification or be scheduled to take the

certification exam by the later of three

dates:

(1) Six months after the municipal

waste combustion unit initial startup.

(2) December 6, 2001.

(3) Six months after they transfer to

the municipal waste combustion unit or

6 months after they are hired to work at

the municipal waste combustion unit.

§ 60.1190 After the required date for

operator certification, who may operate the

municipal waste combustion unit?

After the required date for full or

provisional certifications, you must not

operate your municipal waste

combustion unit unless one of four

employees is on duty:

(a) A fully certified chief facility

operator.

(b) A provisionally certified chief

facility operator who is scheduled to

take the full certification exam.

(c) A fully certified shift supervisor.

(d) A provisionally certified shift

supervisor who is scheduled to take the

full certification exam.

§ 60.1195 What if all the certified operators

must be temporarily offsite?

If the certified chief facility operator

and certified shift supervisor both are

unavailable, a provisionally certified

control room operator at the municipal

waste combustion unit may fulfill the

certified operator requirement.

Depending on the length of time that a

certified chief facility operator and

certified shift supervisor are away, you

must meet one of three criteria:

(a) When the certified chief facility

operator and certified shift supervisor

are both offsite for 12 hours or less, and

no other certified operator is onsite, the

provisionally certified control room

operator may perform those duties

without notice to, or approval by, the

Administrator.

(b) When the certified chief facility

operator and certified shift supervisor

are offsite for more than 12 hours, but

for 2 weeks or less, and no other

certified operator is onsite, the

provisionally certified control room

operator may perform those duties

without notice to, or approval by, the

Administrator. However, you must

record the period when the certified

chief facility operator and certified shift

supervisor are offsite and include that

information in the annual report as

specified under § 60.1410(l).

(c) When the certified chief facility

operator and certified shift supervisor

are offsite for more than 2 weeks, and

no other certified operator is onsite, the

provisionally certified control room

operator may perform those duties

without notice to, or approval by, the

Administrator. However, you must take

two actions:

(1) Notify the Administrator in

writing. In the notice, state what caused

the absence and what you are doing to

ensure that a certified chief facility

operator or certified shift supervisor is

onsite.

(2) Submit a status report and

corrective action summary to the

Administrator every 4 weeks following

the initial notification. If the

Administrator notifies you that your

status report or corrective action

summary is disapproved, the municipal

waste combustion unit may continue

operation for 90 days, but then must

cease operation. If corrective actions are

taken in the 90-day period such that the

Administrator withdraws the

disapproval, municipal waste

combustion unit operation may

continue.

Good Combustion Practices: Operating

Requirements

§ 60.1200 What are the operating practice

requirements for my municipal waste

combustion unit?

(a) You must not operate your

municipal waste combustion unit at

loads greater than 110 percent of the

maximum demonstrated load of the

municipal waste combustion unit (4-

hour block average), as specified under

‘‘Definitions’’ (§ 60.1465).

(b) You must not operate your

municipal waste combustion unit so

that the temperature at the inlet of the

particulate matter control device

exceeds 17°C above the maximum

demonstrated temperature of the

particulate matter control device (4-hour

block average), as specified under

‘‘Definitions’’ (§ 60.1465).

(c) If your municipal waste

combustion unit uses activated carbon

to control dioxins/furans or mercury

emissions, you must maintain an 8-hour

block average carbon feed rate at or

above the highest average level

established during the most recent

dioxins/furans or mercury test.

(d) If your municipal waste

combustion unit uses activated carbon

to control dioxins/furans or mercury

emissions, you must evaluate total

carbon usage for each calendar quarter.

The total amount of carbon purchased

and delivered to your municipal waste

combustion plant must be at or above

the required quarterly usage of carbon.

At your option, you may choose to

evaluate required quarterly carbon usage

on a municipal waste combustion unit

basis for each individual municipal

waste combustion unit at your plant.

Calculate the required quarterly usage of

carbon using equation 4 or 5 in

§ 60.1460(f).

(e) Your municipal waste combustion

unit is exempt from limits on load level,

temperature at the inlet of the

particulate matter control device, and

carbon feed rate during any of five

situations:

(1) During your annual tests for

dioxins/furans.

76362 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

(2) During your annual mercury tests

(for carbon feed rate requirements only).

(3) During the 2 weeks preceding your

annual tests for dioxins/furans.

(4) During the 2 weeks preceding your

annual mercury tests (for carbon feed

rate requirements only).

(5) Whenever the Administrator or

delegated State authority permits you to

do any of five activities:

(i) Evaluate system performance.

(ii) Test new technology or control

technologies.

(iii) Perform diagnostic testing.

(iv) Perform other activities to

improve the performance of your

municipal waste combustion unit.

(v) Perform other activities to advance

the state of the art for emission controls

for your municipal waste combustion

unit.

§ 60.1205 What happens to the operating

requirements during periods of startup,

shutdown, and malfunction?

(a) The operating requirements of this

subpart apply at all times except during

periods of municipal waste combustion

unit startup, shutdown, or malfunction.

(b) Each startup, shutdown, or

malfunction must not last for longer

than 3 hours.

Emission Limits

§ 60.1210 What pollutants are regulated by

this subpart?

Eleven pollutants, in four groupings,

are regulated:

(a) Organics. Dioxins/furans.

(b) Metals.

(1) Cadmium.

(2) Lead.

(3) Mercury.

(4) Opacity.

(5) Particulate matter.

(c) Acid gases.

(1) Hydrogen chloride.

(2) Nitrogen oxides.

(3) Sulfur dioxide.

(d) Other.

(1) Carbon monoxide.

(2) Fugitive ash.

§ 60.1215 What emission limits must I

meet? By when?

You must meet the emission limits

specified in Tables 1 and 2 of this

subpart. You must meet the limits 60

days after your municipal waste

combustion unit reaches the maximum

load level but no later than 180 days

after its initial startup.

§ 60.1220 What happens to the emission

limits during periods of startup, shutdown,

and malfunction?

(a) The emission limits of this subpart

apply at all times except during periods

of municipal waste combustion unit

startup, shutdown, or malfunction.

(b) Each startup, shutdown, or

malfunction must not last for longer

than 3 hours.

(c) A maximum of 3 hours of test data

can be dismissed from compliance

calculations during periods of startup,

shutdown, or malfunction.

(d) During startup, shutdown, or

malfunction periods longer than 3

hours, emissions data cannot be

discarded from compliance calculations

and all provisions under § 60.11(d)

apply.

Continuous Emission Monitoring

§ 60.1225 What types of continuous

emission monitoring must I perform?

To continuously monitor emissions,

you must perform four tasks:

(a) Install continuous emission

monitoring systems for certain gaseous

pollutants.

(b) Make sure your continuous

emission monitoring systems are

operating correctly.

(c) Make sure you obtain the

minimum amount of monitoring data.

(d) Install a continuous opacity

monitoring system.

§ 60.1230 What continuous emission

monitoring systems must I install for

gaseous pollutants?

(a) You must install, calibrate,

maintain, and operate continuous

emission monitoring systems for oxygen

(or carbon dioxide), sulfur dioxide, and

carbon monoxide. If you operate a Class

I municipal waste combustion unit, you

must also install, calibrate, maintain,

and operate a continuous emission

monitoring system for nitrogen oxides.

Install the continuous emission

monitoring systems for sulfur dioxide,

nitrogen oxides, and oxygen (or carbon

dioxide) at the outlet of the air pollution

control device.

(b) You must install, evaluate, and

operate each continuous emission

monitoring system according to the

‘‘Monitoring Requirements’’ in § 60.13.

(c) You must monitor the oxygen (or

carbon dioxide) concentration at each

location where you monitor sulfur

dioxide and carbon monoxide.

Additionally, if you operate a Class I

municipal waste combustion unit, you

must also monitor the oxygen (or carbon

dioxide) concentration at the location

where you monitor nitrogen oxides.

(d) You may choose to monitor carbon

dioxide instead of oxygen as a diluent

gas. If you choose to monitor carbon

dioxide, then an oxygen monitor is not

required, and you must follow the

requirements in § 60.1255.

(e) If you choose to demonstrate

compliance by monitoring the percent

reduction of sulfur dioxide, you must

also install continuous emission

monitoring systems for sulfur dioxide

and oxygen (or carbon dioxide) at the

inlet of the air pollution control device.

(f) If you prefer to use an alternative

sulfur dioxide monitoring method, such

as parametric monitoring, or cannot

monitor emissions at the inlet of the air

pollution control device to determine

percent reduction, you can apply to the

Administrator for approval to use an

alternative monitoring method under

§ 60.13(i).

§ 60.1235 How are the data from the

continuous emission monitoring systems

used?

You must use data from the

continuous emission monitoring

systems for sulfur dioxide, nitrogen

oxides, and carbon monoxide to

demonstrate continuous compliance

with the emission limits specified in

Tables 1 and 2 of this subpart. To

demonstrate compliance for dioxins/

furans, cadmium, lead, mercury,

particulate matter, opacity, hydrogen

chloride, and fugitive ash, see § 60.1290.

§ 60.1240 How do I make sure my

continuous emission monitoring systems

are operating correctly?

(a) Conduct initial, daily, quarterly,

and annual evaluations of your

continuous emission monitoring

systems that measure oxygen (or carbon

dioxide), sulfur dioxide, nitrogen oxides

(Class I municipal waste combustion

units only), and carbon monoxide.

(b) Complete your initial evaluation of

the continuous emission monitoring

systems within 60 days after your

municipal waste combustion unit

reaches the maximum load level at

which it will operate, but no later than

180 days after its initial startup.

(c) For initial and annual evaluations,

collect data concurrently (or within 30

to 60 minutes) using your oxygen (or

carbon dioxide) continuous emission

monitoring system, your sulfur dioxide,

nitrogen oxides, or carbon monoxide

continuous emission monitoring

systems, as appropriate, and the

appropriate test methods specified in

Table 3 of this subpart. Collect the data

during each initial and annual

evaluation of your continuous emission

monitoring systems following the

applicable performance specifications in

appendix B of this part. Table 4 of this

subpart shows the performance

specifications that apply to each

continuous emission monitoring system.

(d) Follow the quality assurance

procedures in Procedure 1 of appendix

F of this part for each continuous

emission monitoring system. The

procedures include daily calibration

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76363

drift and quarterly accuracy

determinations.

§ 60.1245 Am I exempt from any appendix

B or appendix F requirements to evaluate

continuous emission monitoring systems?

Yes, the accuracy tests for your sulfur

dioxide continuous emission

monitoring system require you to also

evaluate your oxygen (or carbon

dioxide) continuous emission

monitoring system. Therefore, your

oxygen (or carbon dioxide) continuous

emission monitoring system is exempt

from two requirements:

(a) Section 2.3 of Performance

Specification 3 in appendix B of this

part (relative accuracy requirement).

(b) Section 5.1.1 of appendix F of this

part (relative accuracy test audit).

§ 60.1250 What is my schedule for

evaluating continuous emission monitoring

systems?

(a) Conduct annual evaluations of

your continuous emission monitoring

systems no more than 13 months after

the previous evaluation was conducted.

(b) Evaluate your continuous emission

monitoring systems daily and quarterly

as specified in appendix F of this part.

§ 60.1255 What must I do if I choose to

monitor carbon dioxide instead of oxygen

as a diluent gas?

You must establish the relationship

between oxygen and carbon dioxide

during the initial evaluation of your

continuous emission monitoring

systems. You may reestablish the

relationship during annual evaluations.

To establish the relationship use three

procedures:

(a) Use EPA Reference Method 3A or

3B in appendix A of this part to

determine oxygen concentration at the

location of your carbon dioxide monitor.

(b) Conduct at least three test runs for

oxygen. Make sure each test run

represents a 1-hour average and that

sampling continues for at least 30

minutes in each hour.

(c) Use the fuel-factor equation in EPA

Reference Method 3B in appendix A of

this part to determine the relationship

between oxygen and carbon dioxide.

§ 60.1260 What is the minimum amount of

monitoring data I must collect with my

continuous emission monitoring systems

and is the data collection requirement

enforceable?

(a) Where continuous emission

monitoring systems are required, obtain

1-hour arithmetic averages. Make sure

the averages for sulfur dioxide, nitrogen

oxides, and carbon monoxide are in

parts per million by dry volume at 7

percent oxygen (or the equivalent

carbon dioxide level). Use the 1-hour

averages of oxygen (or carbon dioxide)

data from your continuous emission

monitoring system to determine the

actual oxygen (or carbon dioxide) level

and to calculate emissions at 7 percent

oxygen (or the equivalent carbon

dioxide level).

(b) Obtain at least two data points per

hour in order to calculate a valid 1-hour

arithmetic average. Section 60.13(e)(2)

requires your continuous emission

monitoring systems to complete at least

one cycle of operation (sampling,

analyzing, and data recording) for each

15-minute period.

(c) Obtain valid 1-hour averages for 75

percent of the operating hours per day

for 90 percent of the operating days per

calendar quarter. An operating day is

any day the unit combusts any

municipal solid waste or refuse-derived

fuel.

(d) If you do not obtain the minimum

data required in paragraphs (a) through

(c) of this section, you are in violation

of the data collection requirement

regardless of the emission level

monitored, and you must notify the

Administrator according to § 60.1410(e).

(e) If you do not obtain the minimum

data required in paragraphs (a) through

(c) of this section, you must still use all

valid data from the continuous emission

monitoring systems in calculating

emission concentrations and percent

reductions in accordance with

§ 60.1265.

§ 60.1265 How do I convert my 1-hour

arithmetic averages into the appropriate

averaging times and units?

(a) Use the equation in § 60.1460(a) to

calculate emissions at 7 percent oxygen.

(b) Use EPA Reference Method 19 in

appendix A of this part, section 4.3, to

calculate the daily geometric average

concentrations of sulfur dioxide

emissions. If you are monitoring the

percent reduction of sulfur dioxide, use

EPA Reference Method 19 in appendix

A of this part, section 5.4, to determine

the daily geometric average percent

reduction of potential sulfur dioxide

emissions.

(c) If you operate a Class I municipal

waste combustion unit, use EPA

Reference Method 19 in appendix A of

this part, section 4.1, to calculate the

daily arithmetic average for

concentrations of nitrogen oxides.

(d) Use EPA Reference Method 19 in

appendix A of this part, section 4.1, to

calculate the 4-hour or 24-hour daily

block averages (as applicable) for

concentrations of carbon monoxide.

§ 60.1270 What is required for my

continuous opacity monitoring system and

how are the data used?

(a) Install, calibrate, maintain, and

operate a continuous opacity monitoring

system.

(b) Install, evaluate, and operate each

continuous opacity monitoring system

according to § 60.13.

(c) Complete an initial evaluation of

your continuous opacity monitoring

system according to Performance

Specification 1 in appendix B of this

part. Complete the evaluation within 60

days after your municipal waste

combustion unit reaches the maximum

load level at which it will operate, but

no more than 180 days after its initial

startup.

(d) Complete each annual evaluation

of your continuous opacity monitoring

system no more than 13 months after

the previous evaluation.

(e) Use tests conducted according to

EPA Reference Method 9 in appendix A

of this part, as specified in § 60.1300, to

determine compliance with the opacity

limit in Table 1 of this subpart. The data

obtained from your continuous opacity

monitoring system are not used to

determine compliance with the opacity

limit.

§ 60.1275 What additional requirements

must I meet for the operation of my

continuous emission monitoring systems

and continuous opacity monitoring

system?

Use the required span values and

applicable performance specifications in

Table 4 of this subpart.

§ 60.1280 What must I do if any of my

continuous emission monitoring systems

are temporarily unavailable to meet the data

collection requirements?

Refer to Table 4 of this subpart. It

shows alternate methods for collecting

data when systems malfunction or when

repairs, calibration checks, or zero and

span checks keep you from collecting

the minimum amount of data.

Stack Testing

§ 60.1285 What types of stack tests must

I conduct?

Conduct initial and annual stack tests

to measure the emission levels of

dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

hydrogen chloride, and fugitive ash.

§ 60.1290 How are the stack test data

used?

You must use results of stack tests for

dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

hydrogen chloride, and fugitive ash to

demonstrate compliance with the

emission limits in Table 1 of this

76364 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

subpart. To demonstrate compliance for

carbon monoxide, nitrogen oxides, and

sulfur dioxide, see § 60.1235.

§ 60.1295 What schedule must I follow for

the stack testing?

(a) Conduct initial stack tests for the

pollutants listed in § 60.1285 within 60

days after your municipal waste

combustion unit reaches the maximum

load level at which it will operate, but

no later than 180 days after its initial

startup.

(b) Conduct annual stack tests for the

same pollutants after the initial stack

test. Conduct each annual stack test no

later than 13 months after the previous

stack test.

§ 60.1300 What test methods must I use to

stack test?

(a) Follow Table 5 of this subpart to

establish the sampling location and to

determine pollutant concentrations,

number of traverse points, individual

test methods, and other specific testing

requirements for the different

pollutants.

(b) Make sure that stack tests for all

the pollutants consist of at least three

test runs, as specified in § 60.8. Use the

average of the pollutant emission

concentrations from the three test runs

to determine compliance with the

emission limits in Table 1 of this

subpart.

(c) Obtain an oxygen (or carbon

dioxide) measurement at the same time

as your pollutant measurements to

determine diluent gas levels, as

specified in § 60.1230.

(d) Use the equations in § 60.1460(a)

to calculate emission levels at 7 percent

oxygen (or an equivalent carbon dioxide

basis), the percent reduction in potential

hydrogen chloride emissions, and the

reduction efficiency for mercury

emissions. See the individual test

methods in Table 5 of this subpart for

other required equations.

(e) You can apply to the

Administrator for approval under

§ 60.8(b) to use a reference method with

minor changes in methodology, use an

equivalent method, use an alternative

method the results of which the

Administrator has determined are

adequate for demonstrating compliance,

waive the requirement for a

performance test because you have

demonstrated by other means that you

are in compliance, or use a shorter

sampling time or smaller sampling

volume.

§ 60.1305 May I conduct stack testing less

often?

(a) You may test less often if you own

or operate a Class II municipal waste

combustion unit and if all stack tests for

a given pollutant over 3 consecutive

years show you comply with the

emission limit. In that case, you are not

required to conduct a stack test for that

pollutant for the next 2 years. However,

you must conduct another stack test

within 36 months of the anniversary

date of the third consecutive stack test

that shows you comply with the

emission limit. Thereafter, you must

perform stack tests every 3rd year but no

later than 36 months following the

previous stack tests. If a stack test shows

noncompliance with an emission limit,

you must conduct annual stack tests for

that pollutant until all stack tests over

3 consecutive years show compliance

with the emission limit for that

pollutant. The provision applies to all

pollutants subject to stack testing

requirements: dioxins/furans, cadmium,

lead, mercury, particulate matter,

opacity, hydrogen chloride, and fugitive

ash.

(b) You can test less often for dioxins/

furans emissions if you own or operate

a municipal waste combustion plant

that meets two conditions. First, you

have multiple municipal waste

combustion units onsite that are subject

to this subpart. Second, all those

municipal waste combustion units have

demonstrated levels of dioxins/furans

emissions less than or equal to 7

nanograms per dry standard cubic meter

(total mass) for 2 consecutive years. In

that case, you may choose to conduct

annual stack tests on only one

municipal waste combustion unit per

year at your plant. The provision only

applies to stack testing for dioxins/

furans emissions.

(1) Conduct the stack test no more

than 13 months following a stack test on

any municipal waste combustion unit

subject to this subpart at your plant.

Each year, test a different municipal

waste combustion unit subject to this

subpart and test all municipal waste

combustion units subject to this subpart

in a sequence that you determine. Once

you determine a testing sequence, it

must not be changed without approval

by the Administrator.

(2) If each annual stack test shows

levels of dioxins/furans emissions less

than or equal to 7 nanograms per dry

standard cubic meter (total mass), you

may continue stack tests on only one

municipal waste combustion unit

subject to this subpart per year.

(3) If any annual stack test indicates

levels of dioxins/furans emissions

greater than 7 nanograms per dry

standard cubic meter (total mass),

conduct subsequent annual stack tests

on all municipal waste combustion

units subject to this subpart at your

plant. You may return to testing one

municipal waste combustion unit

subject to this subpart per year if you

can demonstrate dioxins/furans

emission levels less than or equal to 7

nanograms per dry standard cubic meter

(total mass) for all municipal waste

combustion units at your plant subject

to this subpart for 2 consecutive years.

§ 60.1310 May I deviate from the 13-month

testing schedule if unforeseen

circumstances arise?

You may not deviate from the 13-

month testing schedules specified in

§§ 60.1295(b) and 60.1305(b)(1) unless

you apply to the Administrator for an

alternative schedule, and the

Administrator approves your request for

alternate scheduling prior to the date on

which you would otherwise have been

required to conduct the next stack test.

Other Monitoring Requirements

§ 60.1315 Must I meet other requirements

for continuous monitoring?

You must also monitor three

operating parameters:

(a) Load level of each municipal waste

combustion unit.

(b) Temperature of flue gases at the

inlet of your particulate matter air

pollution control device.

(c) Carbon feed rate if activated

carbon is used to control dioxins/furans

or mercury emissions.

§ 60.1320 How do I monitor the load of my

municipal waste combustion unit?

(a) If your municipal waste

combustion unit generates steam, you

must install, calibrate, maintain, and

operate a steam flowmeter or a feed

water flowmeter and meet five

requirements:

(1) Continuously measure and record

the measurements of steam (or feed

water) in kilograms (or pounds) per

hour.

(2) Calculate your steam (or feed

water) flow in 4-hour block averages.

(3) Calculate the steam (or feed water)

flow rate using the method in

‘‘American Society of Mechanical

Engineers Power Test Codes: Test Code

for Steam Generating Units, Power Test

Code 4.1—1964 (R1991),’’ section 4

(incorporated by reference in

§ 60.17(h)(2)).

(4) Design, construct, install, calibrate,

and use nozzles or orifices for flow rate

measurements, using the

recommendations in ‘‘American Society

of Mechanical Engineers Interim

Supplement 19.5 on Instruments and

Apparatus: Application, Part II of Fluid

Meters,’’ 6th Edition (1971), chapter 4

(incorporated by reference in

§ 60.17(h)(3)).

(5) Before each dioxins/furans stack

test, or at least once a year, calibrate all

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76365

signal conversion elements associated

with steam (or feed water) flow

measurements according to the

manufacturer instructions.

(b) If your municipal waste

combustion unit does not generate

steam, or, if your municipal waste

combustion units have shared steam

systems and steam load cannot be

estimated per unit, you must determine,

to the satisfaction of the Administrator,

one or more operating parameters that

can be used to continuously estimate

load level (for example, the feed rate of

municipal solid waste or refuse-derived

fuel). You must continuously monitor

the selected parameters.

§ 60.1325 How do I monitor the

temperature of flue gases at the inlet of my

particulate matter control device?

You must install, calibrate, maintain,

and operate a device to continuously

measure the temperature of the flue gas

stream at the inlet of each particulate

matter control device.

§ 60.1330 How do I monitor the injection

rate of activated carbon?

If your municipal waste combustion

unit uses activated carbon to control

dioxins/furans or mercury emissions,

you must meet three requirements:

(a) Select a carbon injection system

operating parameter that can be used to

calculate carbon feed rate (for example,

screw feeder speed).

(b) During each dioxins/furans and

mercury stack test, determine the

average carbon feed rate in kilograms (or

pounds) per hour. Also, determine the

average operating parameter level that

correlates to the carbon feed rate.

Establish a relationship between the

operating parameter and the carbon feed

rate in order to calculate the carbon feed

rate based on the operating parameter

level.

(c) Continuously monitor the selected

operating parameter during all periods

when the municipal waste combustion

unit is operating and combusting waste,

and calculate the 8-hour block average

carbon feed rate in kilograms (or

pounds) per hour, based on the selected

operating parameter. When calculating

the 8-hour block average, do two things:

(1) Exclude hours when the municipal

waste combustion unit is not operating.

(2) Include hours when the municipal

waste combustion unit is operating but

the carbon feed system is not working

correctly.

§ 60.1335 What is the minimum amount of

monitoring data I must collect with my

continuous parameter monitoring systems

and is the data collection requirement

enforceable?

(a) Where continuous parameter

monitoring systems are used, obtain 1-

hour arithmetic averages for three

parameters:

(1) Load level of the municipal waste

combustion unit.

(2) Temperature of the flue gases at

the inlet of your particulate matter

control device.

(3) Carbon feed rate if activated

carbon is used to control dioxins/furans

or mercury emissions.

(b) Obtain at least two data points per

hour in order to calculate a valid 1-hour

arithmetic average.

(c) Obtain valid 1-hour averages for at

least 75 percent of the operating hours

per day for 90 percent of the operating

days per calendar quarter. An operating

day is any day the unit combusts any

municipal solid waste or refuse-derived

fuel.

(d) If you do not obtain the minimum

data required in paragraphs (a) through

(c) of this section, you are in violation

of the data collection requirement and

you must notify the Administrator

according to § 60.1410(e).

Recordkeeping

§ 60.1340 What records must I keep?

You must keep five types of records:

(a) Materials separation plan and

siting analysis.

(b) Operator training and certification.

(c) Stack tests.

(d) Continuously monitored

pollutants and parameters.

(e) Carbon feed rate.

§ 60.1345 Where must I keep my records

and for how long?

(a) Keep all records onsite in paper

copy or electronic format unless the

Administrator approves another format.

(b) Keep all records on each

municipal waste combustion unit for at

least 5 years.

(c) Make all records available for

submittal to the Administrator, or for

onsite review by an inspector.

§ 60.1350 What records must I keep for the

materials separation plan and siting

analysis?

You must keep records of five items:

(a) The date of each record.

(b) The final materials separation

plan.

(c) The siting analysis.

(d) A record of the location and date

of the public meetings.

(e) Your responses to the public

comments received during the public

comment periods.

§ 60.1355 What records must I keep for

operator training and certification?

You must keep records of six items:

(a) Records of provisional

certifications. Include three items:

(1) For your municipal waste

combustion plant, names of the chief

facility operator, shift supervisors, and

control room operators who are

provisionally certified by the American

Society of Mechanical Engineers or an

equivalent State-approved certification

program.

(2) Dates of the initial provisional

certifications.

(3) Documentation showing current

provisional certifications.

(b) Records of full certifications.

Include three items:

(1) For your municipal waste

combustion plant, names of the chief

facility operator, shift supervisors, and

control room operators who are fully

certified by the American Society of

Mechanical Engineers or an equivalent

State-approved certification program.

(2) Dates of initial and renewal full

certifications.

(3) Documentation showing current

full certifications.

(c) Records showing completion of the

operator training course. Include three

items:

(1) For your municipal waste

combustion plant, names of the chief

facility operator, shift supervisors, and

control room operators who have

completed the EPA or State municipal

waste combustion operator training

course.

(2) Dates of completion of the operator

training course.

(3) Documentation showing

completion of the operator training

course.

(d) Records of reviews for plantspecific operating manuals. Include

three items:

(1) Names of persons who have

reviewed the operating manual.

(2) Date of the initial review.

(3) Dates of subsequent annual

reviews.

(e) Records of when a certified

operator is temporarily offsite. Include

two main items:

(1) If the certified chief facility

operator and certified shift supervisor

are offsite for more than 12 hours, but

for 2 weeks or less, and no other

certified operator is onsite, record the

dates that the certified chief facility

operator and certified shift supervisor

were offsite.

(2) When the certified chief facility

operator and certified shift supervisor

are offsite for more than 2 weeks and no

other certified operator is onsite, keep

records of four items:

76366 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

(i) Your notice that all certified

persons are offsite.

(ii) The conditions that cause those

people to be offsite.

(iii) The corrective actions you are

taking to ensure a certified chief facility

operator or certified shift supervisor is

onsite.

(iv) Copies of the written reports

submitted every 4 weeks that

summarize the actions taken to ensure

that a certified chief facility operator or

certified shift supervisor will be onsite.

(f) Records of calendar dates. Include

the calendar date on each record.

§ 60.1360 What records must I keep for

stack tests?

For stack tests required under

§ 60.1285, you must keep records of four

items:

(a) The results of the stack tests for

eight pollutants or parameters recorded

in the appropriate units of measure

specified in Table 1 of this subpart:

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(b) Test reports including supporting

calculations that document the results

of all stack tests.

(c) The maximum demonstrated load

of your municipal waste combustion

units and maximum temperature at the

inlet of your particulate matter control

device during all stack tests for dioxins/

furans emissions.

(d) The calendar date of each record.

§ 60.1365 What records must I keep for

continuously monitored pollutants or

parameters?

You must keep records of eight items:

(a) Records of monitoring data.

Document six parameters measured

using continuous monitoring systems:

(1) All 6-minute average levels of

opacity.

(2) All 1-hour average concentrations

of sulfur dioxide emissions.

(3) For Class I municipal waste

combustion units only, all 1-hour

average concentrations of nitrogen

oxides emissions.

(4) All 1-hour average concentrations

of carbon monoxide emissions.

(5) All 1-hour average load levels of

your municipal waste combustion unit.

(6) All 1-hour average flue gas

temperatures at the inlet of the

particulate matter control device.

(b) Records of average concentrations

and percent reductions. Document five

parameters:

(1) All 24-hour daily block geometric

average concentrations of sulfur dioxide

emissions or average percent reductions

of sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, all 24-hour daily

arithmetic average concentrations of

nitrogen oxides emissions.

(3) All 4-hour block or 24-hour daily

block arithmetic average concentrations

of carbon monoxide emissions.

(4) All 4-hour block arithmetic

average load levels of your municipal

waste combustion unit.

(5) All 4-hour block arithmetic

average flue gas temperatures at the

inlet of the particulate matter control

device.

(c) Records of exceedances. Document

three items:

(1) Calendar dates whenever any of

the five pollutant or parameter levels

recorded in paragraph (b) of this section

or the opacity level recorded in

paragraph (a)(1) of this section did not

meet the emission limits or operating

levels specified in this subpart.

(2) Reasons you exceeded the

applicable emission limits or operating

levels.

(3) Corrective actions you took, or are

taking, to meet the emission limits or

operating levels.

(d) Records of minimum data.

Document three items:

(1) Calendar dates for which you did

not collect the minimum amount of data

required under §§ 60.1260 and 60.1335.

Record the dates for five types of

pollutants and parameters:

(i) Sulfur dioxide emissions.

(ii) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(iii) Carbon monoxide emissions.

(iv) Load levels of your municipal

waste combustion unit.

(v) Temperatures of the flue gases at

the inlet of the particulate matter

control device.

(2) Reasons you did not collect the

minimum data.

(3) Corrective actions you took, or are

taking, to obtain the required amount of

data.

(e) Records of exclusions. Document

each time you have excluded data from

your calculation of averages for any of

the following five pollutants or

parameters and the reasons the data

were excluded:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load levels of your municipal

waste combustion unit.

(5) Temperatures of the flue gases at

the inlet of the particulate matter

control device.

(f) Records of drift and accuracy.

Document the results of your daily drift

tests and quarterly accuracy

determinations according to Procedure 1

of appendix F of this part. Keep the

records for the sulfur dioxide, nitrogen

oxides (Class I municipal waste

combustion units only), and carbon

monoxide continuous emissions

monitoring systems.

(g) Records of the relationship

between oxygen and carbon dioxide. If

you choose to monitor carbon dioxide

instead of oxygen as a diluent gas,

document the relationship between

oxygen and carbon dioxide, as specified

in § 60.1255.

(h) Records of calendar dates. Include

the calendar date on each record.

§ 60.1370 What records must I keep for

municipal waste combustion units that use

activated carbon?

For municipal waste combustion

units that use activated carbon to

control dioxins/furans or mercury

emissions, you must keep records of five

items:

(a) Records of average carbon feed

rate. Document five items:

(1) Average carbon feed rate in

kilograms (or pounds) per hour during

all stack tests for dioxins/furans and

mercury emissions. Include supporting

calculations in the records.

(2) For the operating parameter

chosen to monitor carbon feed rate,

average operating level during all stack

tests for dioxins/furans and mercury

emissions. Include supporting data that

document the relationship between the

operating parameter and the carbon feed

rate.

(3) All 8-hour block average carbon

feed rates in kilograms (or pounds) per

hour calculated from the monitored

operating parameter.

(4) Total carbon purchased and

delivered to the municipal waste

combustion plant for each calendar

quarter. If you choose to evaluate total

carbon purchased and delivered on a

municipal waste combustion unit basis,

record the total carbon purchased and

delivered for each individual municipal

waste combustion unit at your plant.

Include supporting documentation.

(5) Required quarterly usage of carbon

for the municipal waste combustion

plant, calculated using equation 4 or 5

in § 60.1460(f). If you choose to evaluate

required quarterly usage for carbon on a

municipal waste combustion unit basis,

record the required quarterly usage for

each municipal waste combustion unit

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76367

at your plant. Include supporting

calculations.

(b) Records of low carbon feed rates.

Document three items:

(1) The calendar dates when the

average carbon feed rate over an 8-hour

block was less than the average carbon

feed rates determined during the most

recent stack test for dioxins/furans or

mercury emissions (whichever has a

higher feed rate).

(2) Reasons for the low carbon feed

rates.

(3) Corrective actions you took or are

taking to meet the 8-hour average carbon

feed rate requirement.

(c) Records of minimum carbon feed

rate data. Document three items:

(1) Calendar dates for which you did

not collect the minimum amount of

carbon feed rate data required under

§ 60.1335.

(2) Reasons you did not collect the

minimum data.

(3) Corrective actions you took or are

taking to get the required amount of

data.

(d) Records of exclusions. Document

each time you have excluded data from

your calculation of average carbon feed

rates and the reasons the data were

excluded.

(e) Records of calendar dates. Include

the calendar date on each record.

Reporting

§ 60.1375 What reports must I submit

before I submit my notice of construction?

(a) If you are required to submit an

application for a construction permit

under 40 CFR part 51, subpart I, or 40

CFR part 52, you must submit five items

by the date you submit your application.

(1) Your draft materials separation

plan, as specified in § 60.1065.

(2) Your revised materials separation

plan, as specified in § 60.1085(c).

(3) Your notice of the initial public

meeting for your draft materials

separation plan, as specified in

§ 60.1070(b).

(4) A transcript of the initial public

meeting, as specified in § 60.1080(f).

(5) The document that summarizes

your responses to the public comments

you received during the initial public

comment period, as specified in

§ 60.1085(a).

(b) If you are not required to submit

an application for a construction permit

under 40 CFR part 51, subpart I, or 40

CFR part 52, you must submit the items

in paragraph (a) of this section with

your notice of construction.

§ 60.1380 What must I include in my notice

of construction?

(a) Include ten items:

(1) A statement of your intent to

construct the municipal waste

combustion unit.

(2) The planned initial startup date of

your municipal waste combustion unit.

(3) The types of fuels you plan to

combust in your municipal waste

combustion unit.

(4) The capacity of your municipal

waste combustion unit including

supporting capacity calculations, as

specified in § 60.1460(d) and (e).

(5) Your siting analysis, as specified

in § 60.1125.

(6) Your final materials separation

plan, as specified in § 60.1100(b).

(7) Your notice of the second public

meeting (siting analysis meeting), as

specified in § 60.1130(b).

(8) A transcript of the second public

meeting, as specified in § 60.1140(d).

(9) A copy of the document that

summarizes your responses to the

public comments you received during

the second public comment period, as

specified in § 60.1145(a).

(10) Your final siting analysis, as

specified in § 60.1145(c).

(b) Submit your notice of construction

no later than 30 days after you

commence construction, reconstruction,

or modification of your municipal waste

combustion unit.

§ 60.1385 What reports must I submit after

I submit my notice of construction and in

what form?

(a) Submit an initial report and

annual reports, plus semiannual reports

for any emission or parameter level that

does not meet the limits specified in

this subpart.

(b) Submit all reports on paper,

postmarked on or before the submittal

dates in §§ 60.1395, 60.1405, and

60.1420. If the Administrator agrees,

you may submit electronic reports.

(c) Keep a copy of all reports required

by §§ 60.1400, 60.1410, and 60.1425

onsite for 5 years.

§ 60.1390 What are the appropriate units of

measurement for reporting my data?

See Tables 1 and 2 of this subpart for

appropriate units of measurement.

§ 60.1395 When must I submit the initial

report?

As specified in § 60.7(c), submit your

initial report within 60 days after your

municipal waste combustion unit

reaches the maximum load level at

which it will operate, but no later than

180 days after its initial startup.

§ 60.1400 What must I include in my initial

report?

You must include seven items:

(a) The emission levels measured on

the date of the initial evaluation of your

continuous emission monitoring

systems for all of the following five

pollutants or parameters as recorded in

accordance with § 60.1365(b).

(1) The 24-hour daily geometric

average concentration of sulfur dioxide

emissions or the 24-hour daily

geometric percent reduction of sulfur

dioxide emissions.

(2) For Class I municipal waste

combustion units only, the 24-hour

daily arithmetic average concentration

of nitrogen oxides emissions.

(3) The 4-hour block or 24-hour daily

arithmetic average concentration of

carbon monoxide emissions.

(4) The 4-hour block arithmetic

average load level of your municipal

waste combustion unit.

(5) The 4-hour block arithmetic

average flue gas temperature at the inlet

of the particulate matter control device.

(b) The results of the initial stack tests

for eight pollutants or parameters (use

appropriate units as specified in Table

2 of this subpart):

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(c) The test report that documents the

initial stack tests including supporting

calculations.

(d) The initial performance evaluation

of your continuous emissions

monitoring systems. Use the applicable

performance specifications in appendix

B of this part in conducting the

evaluation.

(e) The maximum demonstrated load

of your municipal waste combustion

unit and the maximum demonstrated

temperature of the flue gases at the inlet

of the particulate matter control device.

Use values established during your

initial stack test for dioxins/furans

emissions and include supporting

calculations.

(f) If your municipal waste

combustion unit uses activated carbon

to control dioxins/furans or mercury

emissions, the average carbon feed rates

that you recorded during the initial

stack tests for dioxins/furans and

mercury emissions. Include supporting

calculations as specified in

§ 60.1370(a)(1) and (2).

(g) If you choose to monitor carbon

dioxide instead of oxygen as a diluent

gas, documentation of the relationship

between oxygen and carbon dioxide, as

specified in § 60.1255.

76368 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

§ 60.1405 When must I submit the annual

report?

Submit the annual report no later than

February 1 of each year that follows the

calendar year in which you collected

the data. If you have an operating permit

for any unit under title V of the Clean

Air Act (CAA), the permit may require

you to submit semiannual reports. Parts

70 and 71 of this chapter contain

program requirements for permits.

§ 60.1410 What must I include in my

annual report?

Summarize data collected for all

pollutants and parameters regulated

under this subpart. Your summary must

include twelve items:

(a) The results of the annual stack test,

using appropriate units, for eight

pollutants, as recorded under

§ 60.1360(a):

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Particulate matter.

(6) Opacity.

(7) Hydrogen chloride.

(8) Fugitive ash.

(b) A list of the highest average levels

recorded, in the appropriate units. List

the values for five pollutants or

parameters:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste

combustion unit.

(5) Temperature of the flue gases at

the inlet of the particulate matter air

pollution control device (4-hour block

average).

(c) The highest 6-minute opacity level

measured. Base the value on all 6-

minute average opacity levels recorded

by your continuous opacity monitoring

system (§ 60.1365(a)(1)).

(d) For municipal waste combustion

units that use activated carbon for

controlling dioxins/furans or mercury

emissions, include four records:

(1) The average carbon feed rates

recorded during the most recent

dioxins/furans and mercury stack tests.

(2) The lowest 8-hour block average

carbon feed rate recorded during the

year.

(3) The total carbon purchased and

delivered to the municipal waste

combustion plant for each calendar

quarter. If you choose to evaluate total

carbon purchased and delivered on a

municipal waste combustion unit basis,

record the total carbon purchased and

delivered for each individual municipal

waste combustion unit at your plant.

(4) The required quarterly carbon

usage of your municipal waste

combustion plant calculated using

equation 4 or 5 in § 60.1460(f). If you

choose to evaluate required quarterly

usage for carbon on a municipal waste

combustion unit basis, record the

required quarterly usage for each

municipal waste combustion unit at

your plant.

(e) The total number of days that you

did not obtain the minimum number of

hours of data for six pollutants or

parameters. Include the reasons you did

not obtain the data and corrective

actions that you have taken to obtain the

data in the future. Include data on:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste

combustion unit.

(5) Temperature of the flue gases at

the inlet of the particulate matter air

pollution control device.

(6) Carbon feed rate.

(f) The number of hours you have

excluded data from the calculation of

average levels (include the reasons for

excluding it). Include data for six

pollutants or parameters:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste

combustion unit.

(5) Temperature of the flue gases at

the inlet of the particulate matter air

pollution control device.

(6) Carbon feed rate.

(g) A notice of your intent to begin a

reduced stack testing schedule for

dioxins/furans emissions during the

following calendar year, if you are

eligible for alternative scheduling

(§ 60.1305(a) or (b)).

(h) A notice of your intent to begin a

reduced stack testing schedule for other

pollutants during the following calendar

year if you are eligible for alternative

scheduling (§ 60.1305(a)).

(i) A summary of any emission or

parameter level that did not meet the

limits specified in this subpart.

(j) A summary of the data in

paragraphs (a) through (d) of this section

from the year preceding the reporting

year which gives the Administrator a

summary of the performance of the

municipal waste combustion unit over a

2-year period.

(k) If you choose to monitor carbon

dioxide instead of oxygen as a diluent

gas, documentation of the relationship

between oxygen and carbon dioxide, as

specified in § 60.1255.

(l) Documentation of periods when all

certified chief facility operators and

certified shift supervisors are offsite for

more than 12 hours.

§ 60.1415 What must I do if I am out of

compliance with the requirements of this

subpart?

You must submit a semiannual report

on any recorded emission or parameter

level that does not meet the

requirements specified in this subpart.

§ 60.1420 If a semiannual report is

required, when must I submit it?

(a) For data collected during the first

half of a calendar year, submit your

semiannual report by August 1 of that

year.

(b) For data you collected during the

second half of the calendar year, submit

your semiannual report by February 1 of

the following year.

§ 60.1425 What must I include in the

semiannual out-of-compliance reports?

You must include three items in the

semiannual report:

(a) For any of the following six

pollutants or parameters that exceeded

the limits specified in this subpart,

include the calendar date they exceeded

the limits, the averaged and recorded

data for that date, the reasons for

exceeding the limits, and your

corrective actions:

(1) Concentration or percent reduction

of sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, concentration of

nitrogen oxides emissions.

(3) Concentration of carbon monoxide

emissions.

(4) Load level of your municipal

waste combustion unit.

(5) Temperature of the flue gases at

the inlet of your particulate matter air

pollution control device.

(6) Average 6-minute opacity level.

The data obtained from your continuous

opacity monitoring system are not used

to determine compliance with the limit

on opacity emissions.

(b) If the results of your annual stack

tests (as recorded in § 60.1360(a)) show

emissions above the limits specified in

Table 1 of this subpart for dioxins/

furans, cadmium, lead, mercury,

particulate matter, opacity, hydrogen

chloride, and fugitive ash, include a

copy of the test report that documents

the emission levels and your corrective

actions.

(c) For municipal waste combustion

units that apply activated carbon to

control dioxins/furans or mercury

emissions, include two items:

(1) Documentation of all dates when

the 8-hour block average carbon feed

rate (calculated from the carbon

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76369

injection system operating parameter) is

less than the highest carbon feed rate

established during the most recent

mercury and dioxins/furans stack test

(as specified in § 60.1370(a)(1)). Include

four items:

(i) Eight-hour average carbon feed

rate.

(ii) Reasons for occurrences of low

carbon feed rates.

(iii) The corrective actions you have

taken to meet the carbon feed rate

requirement.

(iv) The calendar date.

(2) Documentation of each quarter

when total carbon purchased and

delivered to the municipal waste

combustion plant is less than the total

required quarterly usage of carbon. If

you choose to evaluate total carbon

purchased and delivered on a municipal

waste combustion unit basis, record the

total carbon purchased and delivered for

each individual municipal waste

combustion unit at your plant. Include

five items:

(i) Amount of carbon purchased and

delivered to the plant.

(ii) Required quarterly usage of

carbon.

(iii) Reasons for not meeting the

required quarterly usage of carbon.

(iv) The corrective actions you have

taken to meet the required quarterly

usage of carbon.

(v) The calendar date.

§ 60.1430 Can reporting dates be

changed?

(a) If the Administrator agrees, you

may change the semiannual or annual

reporting dates.

(b) See § 60.19(c) for procedures to

seek approval to change your reporting

date.

Air Curtain Incinerators that Burn 100

Percent Yard Waste

§ 60.1435 What is an air curtain

incinerator?

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 that type can be constructed above or

below ground and with or without

refractory walls and floor.

§ 60.1440 What is yard waste?

Yard waste is grass, grass clippings,

bushes, shrubs, and clippings from

bushes and shrubs. They come from

residential, commercial/retail,

institutional, or industrial sources as

part of maintaining yards or other

private or public lands. Yard waste does

not include two items:

(a) Construction, renovation, and

demolition wastes that are exempt from

the definition of ‘‘municipal solid

waste’’ in § 60.1465.

(b) Clean wood that is exempt from

the definition of ‘‘municipal solid

waste’’ in § 60.1465.

§ 60.1445 What are the emission limits for

air curtain incinerators that burn 100

percent yard waste?

If your air curtain incinerator

combusts 100 percent yard waste, you

must meet only the emission limits in

this section.

(a) Within 60 days after your air

curtain incinerator reaches the

maximum load level at which it will

operate, but no later than 180 days after

its initial startup, you must meet two

limits:

(1) The opacity limit is 10 percent (6-

minute average) for air curtain

incinerators that can combust at least 35

tons per day of municipal solid waste

and no more than 250 tons per day of

municipal solid waste.

(2) The opacity limit 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. Each malfunction must not

exceed 3 hours.

§ 60.1450 How must I monitor opacity for

air curtain incinerators that burn 100

percent yard waste?

(a) Use EPA Reference Method 9 in

appendix A of this part to determine

compliance with the opacity limit.

(b) Conduct an initial test for opacity

as specified in § 60.8.

(c) After the initial test for opacity,

conduct annual tests no more than 13

calendar months following the date of

your previous test.

§ 60.1455 What are the recordkeeping and

reporting requirements for air curtain

incinerators that burn 100 percent yard

waste?

(a) Provide a notice of construction

that includes four items:

(1) Your intent to construct the air

curtain incinerator.

(2) Your planned initial startup date.

(3) Types of fuels you plan to combust

in your air curtain incinerator.

(4) The capacity of your incinerator,

including supporting capacity

calculations, as specified in § 60.1460(d)

and (e).

(b) Keep records of results of all

opacity tests onsite in either paper copy

or electronic format unless the

Administrator approves another format.

(c) Keep all records for each

incinerator for at least 5 years.

(d) Make all records available for

submittal to the Administrator or for

onsite review by an inspector.

(e) Submit the results (each 6-minute

average) of the opacity tests by February

1 of the year following the year of the

opacity emission test.

(f) Submit reports as a paper copy on

or before the applicable submittal date.

If the Administrator agrees, you may

submit reports on electronic media.

(g) If the Administrator agrees, you

may change the annual reporting dates

(see § 60.19(c)).

(h) Keep a copy of all reports onsite

for a period of 5 years.

Equations

§ 60.1460 What equations must I use?

(a) Concentration correction to 7

percent oxygen. Correct any pollutant

concentration to 7 percent oxygen using

equation 1 of this section:

C7% = Cunc * (13.9) * (1/(20.9¥CO2))

(Eq.1)

Where:

C7% = concentration corrected to 7

percent oxygen.

Cunc = uncorrected pollutant

concentration.

CO2 = concentration of oxygen

(percent).

(b) Percent reduction in potential

mercury emissions. Calculate the

percent reduction in potential mercury

emissions (%P Hg) using equation 2 of

this section:

%PHg = (Ei¥o) * (100/Ei) (Eq. 2)

Where:

%PHg = percent reduction of potential

mercury emissions

Ei = mercury emission concentration as

measured at the air pollution

control device inlet, corrected to 7

percent oxygen, dry basis

Eo = mercury emission concentration as

measured at the air pollution

control device outlet, corrected to 7

percent oxygen, dry basis

(c) Percent reduction in potential

hydrogen chloride emissions. Calculate

the percent reduction in potential

hydrogen chloride emissions (%PHC1)

using equation 3 of this section:

%PHC1 = (Ei ¥ Eo) * (100/Ei) (Eq. 3)

Where:

%PHC1 = percent reduction of the

potential hydrogen chloride

emissions

EI = hydrogen chloride emission

concentration as measured at the air

pollution control device inlet,

corrected to 7 percent oxygen, dry

basis

EO = hydrogen chloride emission

concentration as measured at the air

pollution control device outlet,

corrected to 7 percent oxygen, dry

basis

76370 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

(d) Capacity of a municipal waste

combustion unit. For a municipal waste

combustion unit that can operate

continuously for 24-hour periods,

calculate the municipal waste

combustion unit capacity based on 24

hours of operation at the maximum

charge rate. To determine the maximum

charge rate, use one of two methods:

(1) For municipal waste combustion

units with a design based on heat input

capacity, calculate the maximum

charging rate based on the maximum

heat input capacity and one of two

heating values:

(i) If your municipal waste

combustion unit combusts refusederived fuel, use a heating value of

12,800 kilojoules per kilogram (5,500

British thermal units per pound).

(ii) If your municipal waste

combustion unit combusts municipal

solid waste, use a heating value of

10,500 kilojoules per kilogram (4,500

British thermal units per pound).

(2) For municipal waste combustion

units with a design not based on heat

input capacity, use the maximum

designed charging rate.

(e) Capacity of a batch municipal

waste combustion unit. Calculate the

capacity of a batch municipal waste

combustion unit as the maximum

design amount of municipal solid waste

they can charge per batch multiplied by

the maximum number of batches they

can process in 24 hours. Calculate the

maximum number of batches by

dividing 24 by the number of hours

needed to process one batch. Retain

fractional batches in the calculation. For

example, if one batch requires 16 hours,

the municipal waste combustion unit

can combust 24/16, or 1.5 batches, in 24

hours.

(f) Quarterly carbon usage. If you use

activated carbon to comply with the

dioxins/furans or mercury limits,

calculate the required quarterly usage of

carbon using equation 4 of this section

for plant basis or equation 5 of this

section for unit basis:

(1) Plant basis.

C f h Eq i i

i

n

= ∗

=

∑ ( . 4)

1

Where:

C = required quarterly carbon usage for

the plant in kilograms (or pounds).

fi = required carbon feed rate for the

municipal waste combustion unit in

kilograms (or pounds) per hour.

That is the average carbon feed rate

during the most recent mercury or

dioxins/furans stack tests

(whichever has a higher feed rate).

hi = number of hours the municipal

waste combustion unit was in

operation during the calendar

quarter (hours).

n = number of municipal waste

combustion units, i, located at your

plant.

(2) Unit basis.

Cfh = ∗ (Eq. 5)

Where:

C = required quarterly carbon usage for

the unit in kilograms (or pounds).

f = required carbon feed rate for the

municipal waste combustion unit in

kilograms (or pounds) per hour.

That is the average carbon feed rate

during the most recent mercury or

dioxins/furans stack tests

(whichever has a higher feed rate).

h = number of hours the municipal

waste combustion unit was in

operation during the calendar

quarter (hours).

Definitions

§ 60.1465 What definitions must I know?

Terms used but not defined in this

section are defined in the CAA and in

subparts A and B of this part.

Administrator means the

Administrator of the U.S.

Environmental Protection Agency or

his/her authorized representative or the

Administrator of a State Air Pollution

Control Agency.

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 that type can be

constructed above or below ground and

with or without refractory walls and

floor.

Batch municipal waste combustion

unit means a municipal waste

combustion unit designed so it cannot

combust municipal solid waste

continuously 24 hours per day because

the design does not allow waste to be

fed to the unit or ash to be removed

during combustion.

Calendar quarter means three

consecutive months (nonoverlapping)

beginning on: January 1, April 1, July 1,

or October 1.

Calendar year means 365 (or 366

consecutive days for leap years)

consecutive days starting on January 1

and ending on December 31.

Chief facility operator means the

person in direct charge and control of

the operation of a municipal waste

combustion unit. That person is

responsible for daily onsite supervision,

technical direction, management, and

overall performance of the municipal

waste combustion unit.

Class I units mean small municipal

waste combustion units subject to this

subpart that are located at municipal

waste combustion plants with an

aggregate plant combustion capacity

greater than 250 tons per day of

municipal solid waste. See the

definition in this section of ‘‘municipal

waste combustion plant capacity’’ for

specification of which units at a plant

site are included in the aggregate

capacity calculation.

Class II units mean small municipal

waste combustion units subject to this

subpart that are located at municipal

waste combustion plants with an

aggregate plant combustion capacity less

than or equal to 250 tons per day of

municipal solid waste. See the

definition in this section of ‘‘municipal

waste combustion plant capacity’’ for

specification of which units at a plant

site are included in the aggregate

capacity calculation.

Clean wood means untreated wood or

untreated wood products including

clean untreated lumber, tree stumps

(whole or chipped), and tree limbs

(whole or chipped). Clean wood does

not include two items:

(1) ‘‘Yard waste,’’ which is defined

elsewhere in this section.

(2) Construction, renovation, or

demolition wastes (for example, railroad

ties and telephone poles) that are

exempt from the definition of

‘‘municipal solid waste’’ in this section.

Co-fired combustion unit means a unit

that combusts municipal solid waste

with nonmunicipal solid waste fuel (for

example, coal, industrial process waste).

To be considered a co-fired combustion

unit, the unit must be subject to a

federally enforceable permit that limits

it to combusting a fuel feed stream

which is 30 percent or less (by weight)

municipal solid waste as measured each

calendar quarter.

Continuous burning means the

continuous, semicontinuous, or batch

feeding of municipal solid waste to

dispose of the waste, produce energy, or

provide heat to the combustion system

in preparation for waste disposal or

energy production. Continuous burning

does not mean the use of municipal

solid waste solely to thermally protect

the grate or hearth during the startup

period when municipal solid waste is

not fed to the grate or hearth.

Continuous emission monitoring

system means a monitoring system that

continuously measures the emissions of

a pollutant from a municipal waste

combustion unit.

Dioxins/furans mean tetra- through

octachlorinated dibenzo-p-dioxins and

dibenzofurans.

Eight-hour block average means the

average of all hourly emission

concentrations or parameter levels when

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76371

the municipal waste combustion unit

operates and combusts municipal solid

waste measured over any of three 8-hour

periods of time:

(1) 12:00 midnight to 8:00 a.m.

(2) 8:00 a.m. to 4:00 p.m.

(3) 4:00 p.m. to 12:00 midnight.

Federally enforceable means all limits

and conditions the Administrator can

enforce (including the requirements of

40 CFR parts 60, 61, and 63),

requirements in a State’s

implementation plan, and any permit

requirements established under 40 CFR

52.21 or under 40 CFR 51.18 and 40

CFR 51.24.

First calendar half means the period

that starts on January 1 and ends on

June 30 in any year.

Fluidized bed combustion unit means

a unit where municipal waste is

combusted in a fluidized bed of

material. The fluidized bed material

may remain in the primary combustion

zone or may be carried out of the

primary combustion zone and returned

through a recirculation loop.

Four-hour block average or 4-hour

block average means the average of all

hourly emission concentrations or

parameter levels when the municipal

waste combustion unit operates and

combusts municipal solid waste

measured over any of six 4-hour

periods:

(1) 12:00 midnight to 4:00 a.m.

(2) 4:00 a.m. to 8:00 a.m.

(3) 8:00 a.m. to 12:00 noon.

(4) 12:00 noon to 4:00 p.m.

(5) 4:00 p.m. to 8:00 p.m.

(6) 8:00 p.m. to 12:00 midnight.

Mass burn refractory municipal waste

combustion unit means a field-erected

municipal waste combustion unit that

combusts municipal solid waste in a

refractory wall furnace. Unless

otherwise specified, that includes

municipal waste combustion units with

a cylindrical rotary refractory wall

furnace.

Mass burn rotary waterwall municipal

waste combustion unit means a fielderected municipal waste combustion

unit that combusts municipal solid

waste in a cylindrical rotary waterwall

furnace.

Mass burn waterwall municipal waste

combustion unit means a field-erected

municipal waste combustion unit that

combusts municipal solid waste in a

waterwall furnace.

Materials separation plan means a

plan that identifies a goal and an

approach for separating certain

components of municipal solid waste

for a given service area in order to make

the separated materials available for

recycling. A materials separation plan

may include three items:

(1) Elements such as dropoff facilities,

buy-back or deposit-return incentives,

curbside pickup programs, or

centralized mechanical separation

systems.

(2) Different goals or approaches for

different subareas in the service area.

(3) No materials separation activities

for certain subareas or, if warranted, the

entire service area.

Maximum demonstrated load of a

municipal waste combustion unit means

the highest 4-hour block arithmetic

average municipal waste combustion

unit load achieved during 4 consecutive

hours in the course of the most recent

dioxins/furans stack test that

demonstrates compliance with the

applicable emission limit for dioxins/

furans specified in this subpart.

Maximum demonstrated temperature

of the particulate matter control device

means the highest 4-hour block

arithmetic average flue gas temperature

measured at the inlet of the particulate

matter control device during 4

consecutive hours in the course of the

most recent stack test for dioxins/furans

emissions that demonstrates compliance

with the limits specified in this subpart.

Medical/infectious waste means any

waste meeting the definition of

‘‘medical/infectious waste’’ in § 60.51c

of subpart E, of this part.

Mixed fuel-fired (pulverized coal/

refuse-derived fuel) combustion unit

means a combustion unit that combusts

coal and refuse-derived fuel

simultaneously, in which pulverized

coal is introduced into an air stream that

carries the coal to the combustion

chamber of the unit where it is

combusted in suspension. That includes

both conventional pulverized coal and

micropulverized coal.

Modification or modified municipal

waste combustion unit means a

municipal waste combustion unit you

have changed after June 6, 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 unit (not including

the cost of land) updated to current

costs.

(2) Any physical change in the

municipal waste combustion unit or

change in the method of operating it

that increases the emission level of any

air pollutant for which new source

performance standards have been

established under section 129 or section

111 of the CAA. Increases in the

emission level of any air pollutant are

determined when the municipal waste

combustion unit operates at 100 percent

of its physical load capability and are

measured downstream of all air

pollution control devices. Load

restrictions based on permits or other

nonphysical operational restrictions

cannot be considered in the

determination.

Modular excess-air municipal waste

combustion unit means a municipal

waste combustion unit that combusts

municipal solid waste, is not fielderected, and has multiple combustion

chambers, all of which are designed to

operate at conditions with combustion

air amounts in excess of theoretical air

requirements.

Modular starved-air municipal waste

combustion unit means a municipal

waste combustion unit that combusts

municipal solid waste, is not fielderected, and has multiple combustion

chambers in which the primary

combustion chamber is designed to

operate at substoichiometric conditions.

Municipal solid waste or municipaltype solid waste means household,

commercial/retail, or institutional

waste. Household waste includes

material discarded by residential

dwellings, hotels, motels, and other

similar permanent or temporary

housing. Commercial/retail waste

includes material discarded by stores,

offices, restaurants, warehouses,

nonmanufacturing activities at

industrial facilities, and other similar

establishments or facilities. Institutional

waste includes materials discarded by

schools, by hospitals (nonmedical), by

nonmanufacturing activities at prisons

and government facilities, and other

similar establishments or facilities.

Household, commercial/retail, and

institutional waste does include yard

waste and refuse-derived fuel.

Household, commercial/retail, and

institutional waste does not include

used oil; sewage sludge; wood pallets;

construction, renovation, and

demolition wastes (which include

railroad ties and telephone poles); clean

wood; industrial process or

manufacturing wastes; medical waste; or

motor vehicles (including motor vehicle

parts or vehicle fluff).

Municipal waste combustion plant

means one or more municipal waste

combustion units at the same location as

specified under Applicability

(§ 60.1015(a)and (b)).

Municipal waste combustion plant

capacity means the aggregate municipal

waste combustion capacity of all

municipal waste combustion units at

the plant that are subject to subparts Ea

or Eb of this part, or this subpart.

Municipal waste combustion unit

means any setting or equipment that

combusts solid, liquid, or gasified

municipal solid waste including, but

not limited to, field-erected combustion

76372 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

units (with or without heat recovery),

modular combustion units (starved-air

or excess-air), boilers (for example,

steam generating units), furnaces

(whether suspension-fired, grate-fired,

mass-fired, air curtain incinerators, or

fluidized bed-fired), and pyrolysis/

combustion units. Two criteria further

define municipal waste combustion

units:

(1) Municipal waste combustion units

do not include pyrolysis or combustion

units located at a plastics or rubber

recycling unit as specified under

Applicability (§ 60.1020(h) and (i)).

Municipal waste combustion units also

do not include cement kilns that

combust municipal solid waste as

specified under Applicability

(§ 60.1020(j)). Municipal waste

combustion units also do not include

internal combustion engines, gas

turbines, or other combustion devices

that combust landfill gases collected by

landfill gas collection systems.

(2) The boundaries of a municipal

waste combustion unit are defined as

follows. The municipal waste

combustion unit includes, but is not

limited to, the municipal solid waste

fuel feed system, grate system, flue gas

system, bottom ash system, and the

combustion unit water system. The

municipal waste combustion unit does

not include air pollution control

equipment, the stack, water treatment

equipment, or the turbine-generator set.

The municipal waste combustion unit

boundary starts at the municipal solid

waste pit or hopper and extends through

three areas:

(i) The combustion unit flue gas

system, which ends immediately after

the heat recovery equipment or, if there

is no heat recovery equipment,

immediately after the combustion

chamber.

(ii) 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.

(iii) The combustion unit water

system, which starts at the feed water

pump and ends at the piping that exits

the steam drum or superheater.

Particulate matter means total

particulate matter emitted from

municipal waste combustion units as

measured using EPA Reference Method

5 in appendix A of this part and the

procedures specified in § 60.1300.

Plastics or rubber recycling unit

means an integrated processing unit for

which plastics, rubber, or rubber tires

are the only feed materials (incidental

contaminants may be in the feed

materials). The feed materials are

processed and marketed to become

input feed stock for chemical plants or

petroleum refineries. The following

three criteria further define a plastics or

rubber recycling unit:

(1) Each calendar quarter, the

combined weight of the feed stock that

a plastics or rubber recycling unit

produces must be more than 70 percent

of the combined weight of the plastics,

rubber, and rubber tires that recycling

unit processes.

(2) The plastics, rubber, or rubber tires

fed to the recycling unit may originate

from separating or diverting plastics,

rubber, or rubber tires from municipal

or industrial solid waste. The feed

materials may include manufacturing

scraps, trimmings, and off-specification

plastics, rubber, and rubber tire

discards.

(3) The plastics, rubber, and rubber

tires fed to the recycling unit may

contain incidental contaminants (for

example, paper labels on plastic bottles

or metal rings on plastic bottle caps).

Potential hydrogen chloride emissions

means the level of emissions from a

municipal waste combustion unit that

would occur from combusting

municipal solid waste without emission

controls for acid gases.

Potential mercury emissions means

the level of emissions from a municipal

waste combustion unit that would occur

from combusting municipal solid waste

without controls for mercury emissions.

Potential sulfur dioxide emissions

means the level of emissions from a

municipal waste combustion unit that

would occur from combusting

municipal solid waste without emission

controls for acid gases.

Pyrolysis/combustion unit means a

unit that produces gases, liquids, or

solids by heating municipal solid waste.

The gases, liquids, or solids produced

are combusted and the emissions vented

to the atmosphere.

Reconstruction means rebuilding a

municipal waste combustion unit and

meeting two criteria:

(1) The reconstruction begins after

June 6, 2001.

(2) The cumulative cost of the

construction over the life of the unit

exceeds 50 percent of the original cost

of building and installing the municipal

waste combustion unit (not including

land) updated to current costs (current

dollars). To determine what systems are

within the boundary of the municipal

waste combustion unit used to calculate

those costs, see the definition in this

section of ‘‘municipal waste combustion

unit.’’

Refractory unit or refractory wall

furnace means a municipal waste

combustion unit that has no energy

recovery (such as through a waterwall)

in the furnace of the municipal waste

combustion unit.

Refuse-derived fuel means a type of

municipal solid waste produced by

processing municipal solid waste

through shredding and size

classification. That 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.

Same location means the same or

contiguous properties under common

ownership or control, including those

separated only by a street, road,

highway, or other public right-of-way.

Common ownership or control includes

properties that are owned, leased, or

operated by the same entity, parent

entity, subsidiary, subdivision, or any

combination thereof. Entities may

include a municipality, other

governmental unit, or any quasigovernmental authority (for example, a

public utility district or regional

authority for waste disposal).

Second calendar half means the

period that starts on July 1 and ends on

December 31 in any year.

Shift supervisor means the person

who is in direct charge and control of

operating a municipal waste combustion

unit and who is responsible for onsite

supervision, technical direction,

management, and overall performance

of the municipal waste combustion unit

during an assigned shift.

Spreader stoker, mixed fuel-fired

(coal/refuse-derived fuel) combustion

unit means a municipal waste

combustion unit that combusts coal and

refuse-derived fuel simultaneously, in

which coal is introduced to the

combustion zone by a mechanism that

throws the fuel onto a grate from above.

Combustion takes place both in

suspension and on the grate.

Standard conditions when referring to

units of measure mean a temperature of

20 °C and a pressure of 101.3

kilopascals.

Startup period means the period

when a municipal waste combustion

unit begins the continuous combustion

of municipal solid waste. It does not

include any warmup period during

which the municipal waste combustion

unit combusts fossil fuel or other solid

waste fuel but receives no municipal

solid waste.

Stoker (refuse-derived fuel)

combustion unit means a steam

generating unit that combusts refusederived fuel in a semisuspension

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76373

combusting mode, using air-fed

distributors.

Total mass dioxins/furans or total

mass means the total mass of tetrathrough octachlorinated dibenzo-pdioxins and dibenzofurans as

determined using EPA Reference

Method 23 in appendix A of this part

and the procedures specified in

§ 60.1300.

Twenty-four hour daily average or 24-

hour daily average means either the

arithmetic mean or geometric mean (as

specified) of all hourly emission

concentrations when the municipal

waste combustion unit operates and

combusts municipal solid waste

measured during the 24 hours between

12:00 midnight and the following

midnight.

Untreated lumber means wood or

wood products that have been cut or

shaped and include wet, air-dried, and

kiln-dried wood products. Untreated

lumber does not include wood products

that have been painted, pigmentstained, or pressure-treated by

compounds such as chromate copper

arsenate, pentachlorophenol, and

creosote.

Waterwall furnace means a municipal

waste combustion unit that has energy

(heat) recovery in the furnace (for

example, radiant heat transfer section)

of the combustion unit.

Yard waste means grass, grass

clippings, bushes, shrubs, and clippings

from bushes and shrubs. They come

from residential, commercial/retail,

institutional, or industrial sources as

part of maintaining yards or other

private or public lands. Yard waste does

not include two items:

(1) Construction, renovation, and

demolition wastes that are exempt from

the definition of ‘‘municipal solid

waste’’ in this section.

(2) Clean wood that is exempt from

the definition of ‘‘municipal solid

waste’’ in this section.

Tables

TABLE 1 OF SUBPART AAAA—EMISSION LIMITS FOR NEW SMALL MUNICIPAL WASTE COMBUSTION UNITS

For the following pollutantsYou must meet the

following emission limitsa

Using the following

averaging times

And determine compliance

by the following methods

1. Organics

Dioxins/Furans

(total mass

basis).

13 nanograms per dry standard cubic

meter.

3-run average (minimum run duration is 4

hours).

Stack test.

2. Metals:

Cadmium .............. 0.020 milligrams per dry standard cubic

meter.

3-run average (run duration specified in

test method).

Stack test.

Lead ..................... 0.20 milligrams per dry standard cubic

meter.

3-run average (run duration specified in

test method).

Stack test.

Mercury ................ 0.080 milligrams per dry standard cubic

meter or 85 percent reduction of potential mercury emissions.

3-run average (run duration specified in

test method).

Stack test.

Opacity ................. 10 percent ................................................... Thirty 6-minute averages ............................ Stack test.

Particulate Matter 24 milligrams per dry standard cubic meter 3-run average (run duration specified in

test method).

Stack test.

3. Acid Gases:

Hydrogen Chloride 25 parts per million by dry volume or 95

percent reduction of potential hydrogen

chloride emissions.

3-run average (minimum run duration is 1

hour).

Stack test

Nitrogen Oxides

(Class I units) b.

150 (180 for 1st year of operation) parts

per million by dry volume.

24-hour daily block arithmetic average concentration.Continuous emission monitoring system.

Nitrogen Oxides

(Class II units) c.

500 parts per million by dry volume ........... See footnote d ............................................. See footnoted

Sulfur Dioxide ....... 30 parts per million by dry volume or 80

percent reduction of potential sulfur dioxide emissions.

24-hour daily block geometric average

concentration or percent reduction.

Continuous monitoring

emission system.

4. Other:

Fugitive Ash ......... Visible emissions for no more than 5 percent of hourly observation period.Three 1-hour observation periods .............. Visible emission test.

aAll emission limits (except for opacity) are measured at 7 percent oxygen.

b Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with

an aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions. c Class II units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with

an aggregate plant combustion capacity no more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions. d No monitoring, testing, recordkeeping, or reporting is required to demonstrate compliance with the nitrogen oxides limit for Class II units.

TABLE 2 OF SUBPART AAAA—CARBON MONOXIDE EMISSION LIMITS FOR NEW SMALL MUNICIPAL WASTE COMBUSTION

UNITS

For the following municipal waste combustion units You must meet the following

carbon monoxide limits a

Using the following

averaging times b

1. Fluidized-bed ..................................................................... 100 parts per million by dry volume .................................... 4-hour.

2. Fluidized bed, mixed fuel, (wood/refuse-derived fuel) ...... 200 parts per million by dry volume .................................... 24-hour.c

3. Mass burn rotary refractory ............................................... 100 parts per million by dry volume .................................... 4-hour.

76374 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

TABLE 2 OF SUBPART AAAA—CARBON MONOXIDE EMISSION LIMITS FOR NEW SMALL MUNICIPAL WASTE COMBUSTION

UNITS—Continued

For the following municipal waste combustion units You must meet the following

carbon monoxide limits a

Using the following

averaging times b

4. Mass burn rotary waterwall ............................................... 100 parts per million by dry volume .................................... 24-hour.

5. Mass burn waterwall and refractory .................................. 100 parts per million by dry volume .................................... 4-hour.

6. Mixed fuel-fired (pulverized coal/refuse-derived fuel) ....... 150 parts per million by dry volume .................................... 4-hour.

7. Modular starved-air and excess air .................................. 50 parts per million by dry volume ...................................... 4-hour.

8. Spreader stoker, mixed fuel-fired (coal/refuse-derived

fuel).

150 parts per million by dry volume .................................... 24-hour daily.

9. Stoker, refuse-derived fuel ................................................ 150 parts per million by dry volume .................................... 24-hour daily.

aAll limits (except for opacity) are measured at 7 percent oxygen. Compliance is determined by continuous emission monitoring systems. bBlock averages, arithmetic mean. See § 60.1465 for definitions.

c 24-hour block average, geometric mean. See § 60.1465 for definitions.

TABLE 3 OF SUBPART AAAA—REQUIREMENTS FOR VALIDATING CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

For the following continuous emission monitoring systemsUse the following methods in appendix A of this part to

validate pollutant concentration levels

Use the following methods in

appendix A of this part to

measure oxygen (or carbon

dioxide)

1. Nitrogen Oxides (Class I units only) a ......................... Method 7, 7A, 7B, 7C, 7D, or 7E ................................... Method 3 or 3A.

2. Sulfur Dioxide .............................................................. Method 6 or 6C .............................................................. Method 3 or 3A.

3. Carbon Monoxide ........................................................ Method 10, 10A, or 10B ................................................. Method 3 or 3A.

a Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with

an aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions.

TABLE 4 OF SUBPART AAAA—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

For the following pollutants Use the following span values for your CEMS

Use the following

performance specifications in appendix B of this part for

your CEMS

If needed to meet minimum

data requirements, use the

following alternate methods

in appendix A of this part

to collect data

1. Opacity .............................. 100 percent opacity ............................................................ P.S. 1 Method 9.

2. Nitrogen Oxides (Class I

units only) a.

Control device outlet: 125 percent of the maximum expected hourly potential nitrogen oxides emissions of the

municipal waste combustion unit.

P.S. 2 Method 7E.

3. Sulfur Dioxide .................... Inlet to control device: 125 percent of the maximum expected sulfur dioxide emissions of the municipal waste

combustion unit. Control device outlet: 50 percent of

the maximum expected hourly potential sulfur dioxide

emissions of the municipal waste combustion unit.

P.S. 2 Method 6C.

4. Carbon Monoxide .............. 125 percent of the maximum expected hourly potential

carbon with monoxide emissions of the municipal waste

combustion unit.

P.S. 4A Method 10 alternative interference trap.

5. Oxygen or Carbon Dioxide 25 percent oxygen or 25 percent carbon dioxide .............. P.S. 3 Method 3A or 3B.

a Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with

an aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions.

TABLE 5 OF SUBPART AAAA—REQUIREMENTS FOR STACK TESTS

To measure the following

pollutants

Use the following methods

in appendix A of this part

to determine the sampling

location

Use the methods in appendix A of this part to measure pollutant concentration

Also note the following additional information

1. Organics:

Dioxins/Furans .............. Method 1 ........................... Method 23 a ....................... The minimum sampling time must be 4 hours per test

run while the municipal waste combustion unit is operating at full load.

2. Metals:

Cadmium ...................... Method 1 ........................... Method 29 a ....................... Compliance testing must be performed while the municipal waste combustion unit is operating at full

load.

Lead .............................. Method 1 ........................... Method 29 a ....................... Compliance testing must be performed while the municipal waste combustion unit is operating at full

load.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76375

TABLE 5 OF SUBPART AAAA—REQUIREMENTS FOR STACK TESTS—Continued

To measure the following

pollutants

Use the following methods

in appendix A of this part

to determine the sampling

location

Use the methods in appendix A of this part to measure pollutant concentration

Also note the following additional information

Mercury ......................... Method 1 ........................... Method 29 a ....................... Compliance testing must be performed while the municipal waste combustion unit is operating at full

load.

Opacity ......................... Method 9 ........................... Method 9 ........................... Use Method 9 to determine compliance with opacity

limit. 3-hour observation period (thirty 6-minute averages).

Particulate Matter ......... Method 1 ........................... Method 5 a ......................... The minimum sample Matter volume must be 1.0

cubic meters. The probe and filter holder heating

systems in the sample train must be set to provide

a gas temperature no greater than 160 ±14°C. The

minimum sampling time is 1 hour.

3. Acid Gases: b

Hydrogen Chloride ....... Method 1 ........................... Method 26 or 26Aa ........... Test runs must be at least 1 hour long while the municipal waste combustion unit is operating at full

load.

4. Other: b

Fugitive Ash .................. Not applicable .................... Method 22 (visible emissions).The three 1-hour observation period must include periods when the facility transfers fugitive ash from the

municipal waste combustion unit to the area where

the fugitive ash is stored or loaded into containers

or trucks.

a Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part.

b Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except for quality assurance requirements in Appendix F of this part.

[FR Doc. 00–30003 Filed 12–5–00; 8:45 am]

BILLING CODE 6560–50–P