[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Rules and Regulations]
[Pages 76378-76405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30002]



[[Page 76377]]

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Part III





Environmental Protection Agency





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40 CFR Part 60



Emission Guidelines for Existing Small Municipal Waste Combustion 
Units; Final Rule

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

[[Page 76378]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6899-5]
RIN 2060-AI51


Emission Guidelines for Existing Small Municipal Waste Combustion 
Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action reestablishes emission guidelines for existing 
small municipal waste combustion (MWC) units. The emission guidelines 
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. Emission 
guidelines 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 emission guidelines for 
small MWC units. The emission guidelines contained in this final rule 
are equivalent to the 1995 emission guidelines for small MWC units.

DATES: Effective date. February 5, 2001.
    The incorporation by reference of certain publications listed in 
this rule are approved by the Director of the Office of the Federal 
Register as of February 5, 2001.
    Applicability date. The emission guidelines apply to small MWC 
units that commenced construction on or before August 30, 1999.

ADDRESSES: Docket No. A-98-18 and associated Docket Nos. A-90-45 and A-
89-08 contain supporting information for the emission guidelines. 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: <a href="/cdn-cgi/l/email-protection#90f3ffe0fcf1fef4bee2f9f3fbd0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="44272b3428252a206a362d272f042134256a232b32">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Public Comments

    Emission guidelines and companion new source performance standards 
(NSPS) 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 
Guidelines-Public Comments and Responses (EPA-453/R-00-001).'' In 
response to the public comments, EPA adjusted the final emission 
guidelines 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 emission guidelines 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

    No entities are directly regulated by this action because these are 
emission guidelines. Additional State or Federal action is required for 
implementation of the emission guidelines. However, adoption of State 
or Federal plans implementing the emission guidelines will affect the 
following categories of sources:

----------------------------------------------------------------------------------------------------------------
                   Category                     NAICS codes   SIC codes       Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry, Federal government, and State/local/      562213,         4953  Solid waste combustors or incinerators
 tribal governments.                                  92411         9511   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 be regulated by 
applicable State or Federal plans implementing the emission guidelines 
for small MWC units. Not all facilities classified under the NAICS and 
SIC codes will be affected. Other types of entities not listed could 
also be affected. To determine whether your facility will be regulated 
by State or Federal plans implementing the emission guidelines, 
carefully examine the applicability criteria in Secs. 60.1550 through 
60.1565 of the emission guidelines.

Judicial Review

    Today's action of adopting a final rule for small MWC units 
constitutes final administrative action on the proposed emission 
guidelines for small MWC units. Under section 307(b)(1) of the Clean 
Air Act (CAA), judicial review of this final rule is available only by 
filing a petition for review in the U.S. Court of Appeals for the 
District of Columbia Circuit by 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 Emission Guidelines
    A. Sources Regulated by the Emission Guidelines

[[Page 76379]]

    B. Subcategorization of the Small MWC Unit Population
    C. Pollutants Regulated by the Emission Guidelines
    D. Format of the Emission Limits
    E. Summary of the Emission Guidelines
III. Changes to the Emission Guidelines
IV. Impacts of the Emission Guidelines
    A. Air Impacts
    B. Cost and Economic Impacts
V. Companion Rule for New Small MWC Units
VI. Amendments to 40 CFR Part 60, Subpart B
VII. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Executive Order 13132: Federalism
    C. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory 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
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
MACT  Maximum achievable control technology
Mg/year  Megagrams per year
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
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 emission guidelines for large 
and small MWC units under 40 CFR part 60, subpart Cb. The emission 
guidelines covered existing 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 emission guidelines 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 a MWC plant.
    Litigation followed the promulgation of the 1995 emission 
guidelines. 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 emission guidelines were not consistent with section 129 
of the CAA. The court directed EPA to revise the 1995 emission 
guidelines so that they applied only to large MWC units, and the court 
vacated the 1995 emission guidelines as they applied to small MWC 
units. In response to the court ruling, EPA amended the 1995 emission 
guidelines on August 25, 1997 so that they applied only to existing 
large MWC units. Then, on August 30, 1999, EPA proposed emission 
guidelines for small MWC units with an individual unit capacity of 35 
to 250 tons per day.
    Today's final rule reestablishes emission guidelines for existing 
small MWC units with capacities of 35 to 250 tons per day of MSW under 
40 CFR part 60, subpart BBBB.

II. Summary of the Emission Guidelines

    The following summarizes the final emission guidelines for small 
MWC units, including identification of the subcategories used in the 
final emission guidelines. Overall, the emission guidelines for small 
MWC units are equivalent to the 1995 emission guidelines for small MWC 
units.

A. Sources Regulated by the Emission Guidelines

    Today's emission guidelines do not directly regulate any MWC units, 
but they require States to develop plans to limit air emissions from 
existing small MWC units. In subpart BBBB and in associated State 
plans, the emission limits and requirements will apply to each existing 
small MWC unit that has a design combustion capacity of 35 to 250 tons 
per day of MSW and commenced construction on or before August 30, 1999. 
Small MWC units that commenced construction after August 30, 1999 are 
not covered under the emission guidelines (subpart BBBB). Those units 
will be subject to the NSPS for new small MWC units (subpart AAAA) 
which are published separately in today's Federal Register.

B. Subcategorization of the Small MWC Unit Population

    Within the emission guidelines, the small MWC unit population is 
subcategorized based on aggregate capacity of the plant where the 
individual small MWC unit is located. The resulting subcategories are 
as follows: Class I units are small MWC units located at plants with an 
aggregate plant capacity greater than 250 tons per day of MSW; Class II 
units are small MWC units located at plants with an aggregate plant 
capacity less than or equal to 250 tons per day of MSW.

C. Pollutants Regulated by the Emission Guidelines

    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 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 emission 
guidelines.

D. Format of the Emission Limits

    The format of the emission limits is identical to the format of the 
emission limits in the 1995 emission guidelines: 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 emission guidelines. In addition to controlling stack emissions, 
the emission guidelines incorporate good combustion practice 
requirements (i.e., operator training, operator certification, and MWC 
unit operating requirements).

[[Page 76380]]

E. Summary of the Emission Guidelines

    A concise summary of the emission guidelines can be found in Tables 
2 through 4 of subpart BBBB.

III. Changes to the Emission Guidelines

    For the majority of small MWC units that will be subject to 
emission guideline requirements, the final emission guidelines are 
identical to the emission guidelines proposed in August 1999. However, 
one change made in the final emission guidelines affects requirements 
for about five MWC plants. That change is summarized in the following 
three paragraphs and is also discussed in the background information 
document described earlier under ``Public Comments.''
    In the proposal, different emission limits were proposed for MWC 
units in Class A and Class B. Class A MWC units were nonrefractory MWC 
units located at MWC plants with an aggregate plant capacity greater 
than 250 tons per day. Class B MWC units were refractory units located 
at MWC plants with an aggregate plant capacity greater than 250 tons 
per day. The 1999 proposal included different emission limits for Class 
A and Class B units because it had been brought to EPA's attention that 
different flue gas flow rates per ton of MSW combusted were expected to 
occur at Class A and Class B units. The 1995 emission guidelines did 
not make the distinction in flue gas flow rates and treated Class A and 
Class B units as a combined class with the same requirements.
    Some comments on the proposal indicated that the proposed 
subcategorization with different control requirements for Class A and 
Class B was appropriate. However, other comments on the proposal 
indicated that the technical bases for the Class A and Class B 
subcategorization was no longer valid for today's MWC units and the 
subcategory was inappropriate. The EPA reanalyzed the issue and has 
concluded that the flue gas flow rates for Class A and Class B MWC 
units are not significantly different. As a result, the Class A units 
and the Class B units are combined into a single Class I category in 
the final emission guidelines as had been done in the 1995 emission 
guidelines.
    Maximum achievable control technology (MACT) floors were then 
calculated for the Class I units, and then new MACT limits were 
selected. Uniform emission limits now apply to all Class I MWC units. 
With the exception of nitrogen oxides, the final emission limits for 
Class I units are identical to the 1995 emission limits for Class I 
units. The full set of final emission limits for Class I and Class II 
can be found in Tables 2, 3 and 4 of Subpart BBBB. See the background 
information document for a discussion of other comments on the proposed 
emission guidelines.

IV. Impacts of the Emission Guidelines

    The following describes the impacts (i.e., air, water, solid waste, 
energy, cost, and economic impacts) of the emission guidelines for 
small MWC units. The impact analysis conducted to evaluate the 1995 
emission guidelines still applies because the air pollution control 
requirements in the final emission guidelines are the same as the 1995 
emission guidelines. The 1995 analysis is available at 59 FR 48228. The 
discussion in this preamble focuses only on the air, cost, and economic 
impacts of the final emission guidelines.
    As discussed in the preamble for the 1995 emission guidelines, EPA 
determined that the water, solid waste, and energy impacts associated 
with the emission guidelines were not significant. Today's action 
affects only a subset of the MWC units that were addressed in the 
earlier impact analysis. Accordingly, EPA has concluded that the water, 
solid waste, and energy impacts associated with today's action are not 
significant.
    For further information on the impacts of the emission guidelines, 
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, the EPA estimates that 90 small MWC units 
operating at 41 plants will be affected by the emission guidelines. The 
total MSW combustion capacity of the 90 units was 8,551 tons per day in 
1998.
    Table 1 of this preamble presents the national air emission 
reductions for existing small MWC units that will result from full 
implementation of the emission guidelines compared to 1998 baseline 
levels without the emission guidelines.

 Table 1.--National Air Emission Impacts of the Emission Guidelines for
                             Small MWC Units
------------------------------------------------------------------------
                                                                Emission
             Pollutant               Air emissions  reduction   level <SUP>a</SUP>
------------------------------------------------------------------------
Dioxins/Furans\b\.................  2.7 kg/year..............         97
Cadmium...........................  310 kg/year..............         85
Lead..............................  12.9 Mg/year.............         92
Mercury...........................  4.1 Mg/year..............         95
Particulate Matter................  369 Mg/year..............         77
Sulfur Dioxide....................  1,368 Mg/year............         56
Hydrogen Chloride.................  2,456 Mg/year............         88
Nitrogen Oxides...................  384 Mg/year..............         9
------------------------------------------------------------------------
<SUP>a</SUP> Percent reduction from 1998 baseline.
<SUP>b</SUP> Percent national emission reduction relative to national baseline
  emissions that would occur in the absence of the emission guidelines.
<SUP>c</SUP> Total mass of tetra-through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

B. Cost and Economic Impacts

    To estimate the costs of the emission guidelines, EPA has taken 
into account all of the existing air pollution control equipment 
currently in operation at small MWC units. The cost estimates presented 
here are incremental costs over the control equipment already in use. 
For more details on the cost and economic analysis, refer to the EIA.
    The total annual cost (including annualized capital and operating 
costs) of the final emission guidelines would be approximately $68 
million, which is equivalent to $25.30 per ton of MSW combusted.

V. Companion Rule for New Small MWC Units

    A companion rule to reestablish NSPS for new small MWC units is 
being published separately in today's Federal Register. The NSPS for 
new small MWC units are contained in 40 CFR part 60, subpart AAAA.

VI. Amendments to 40 CFR Part 60, Subpart B

    Also included in today's Federal Register is a rule to amend 
subpart B of part 60, ``Adoption and Submittal of State Plans for 
Designated Facilities.'' The EPA proposed two amendments to subpart B, 
which are fully described in the proposal to reestablish emission 
guidelines for small MWC units (64 FR 47241). The EPA received no 
comments on the amendments to subpart B; therefore, the amendments are 
being promulgated as proposed.

VII. 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

[[Page 76381]]

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 emission guidelines promulgated 
today only apply to small MWC units and are projected to have an impact 
of approximately $68 million annually.

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.''
    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 State plans are used to 
implement the rule. 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 
emission guidelines (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

[[Page 76382]]

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 emission guidelines 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 emission guidelines is about $68 million per year, starting on 
the 5th year after the rule is promulgated. Thus, today's emission 
guidelines are not subject to the requirements of sections 202 and 205 
of the UMRA. Although the emission guidelines are not subject to UMRA, 
EPA prepared a cost-benefit analysis under section 202 of the UMRA for 
the 1995 emission guidelines. For a discussion of how EPA complied with 
the UMRA for the 1995 emission guidelines, including its extensive 
consultations with State and local governments, see the preamble to the 
1995 emission guidelines. Because today's final emission guidelines are 
equivalent to the 1995 emission guidelines, 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 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 in a regulatory flexibility analysis that eight 
existing small MWC units (operated by one small business and seven 
small governments) that would be subject to the emission guidelines are 
considered ``small entities'' according to the Small Business 
Administration's definitions for the affected industries. Also in the 
initial analysis, EPA calculated compliance costs as a percentage of 
sales for business and a percentage of income (total household income) 
for the relevant population of owning governments for the MWC units 
that are considered small entities. The estimated annual compliance 
cost as a percentage of income is 0.03 percent for the seven small 
potentially affected government entities and 39 percent for the one 
small business. For the seven potentially affected government entities, 
the maximum compliance cost was 0.25 percent. None of the governmental 
impacts are considered significant. The impact on the one small 
business is considered significant but one small business is not a 
substantial number of entities.
    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 emission guidelines.

G. Paperwork Reduction Act

    The OMB has approved the information collection requirements in the 
emission guidelines under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0424.
    The information will be used to ensure that the small MWC unit 
requirements are implemented properly and are complied with on a 
continuous basis. Records and reports are necessary to identify small 
MWC units that might not be in compliance with the emission guidelines. 
Based on reported information, the implementing agency 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 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.
    The emission guidelines are projected to affect approximately 90 
small MWC units located at 41 plants. The estimated average annual 
burden for industry for the first 3 years after promulgation of the 
emission guidelines would be 1,297 person-hours annually. There will be 
no capital costs for monitoring or recordkeeping during the first 3 
years. The estimated average annual burden, over the first 3 years, for 
the implementing agency would be 773 hours with a cost of $30,869 
(including travel expenses) per year.
    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 
information collection request (ICR) control numbers issued by OMB for 
various regulations to list the information collection requirements 
contained in this final rule.

[[Page 76383]]

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 small MWC emission 
guidelines 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 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)(3).
    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 5, 6 and 7 of subpart BBBB 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 Sec. 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 final 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 
February 5, 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--General Provisions

    2. Section 60.17 is amended by revising paragraphs (h)(1), (h)(2) 
and (h)(3) to read as follows:


Sec. 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 
Secs. 60.56a, 60.54b(a), 60.54b(b), 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 Secs. 60.46b, 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), and 
60.1810(a)(3).

[[Page 76384]]

    (3) ASME Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th Edition (1971), IBR approved 
for Secs. 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), and 60.1810(a)(4).
* * * * *

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

    3. Section 60.24 is amended by revising paragraph (e)(1) to read as 
follows:


Sec. 60.24  Emission standards and compliance schedules.

* * * * *
    (e)(1) Any compliance schedule extending more than 12 months from 
the date required for submittal of the plan must include legally 
enforceable increments of progress to achieve compliance for each 
designated facility or category of facilities. Unless otherwise 
specified in the applicable subpart, increments of progress must 
include, where practicable, each increment of progress specified in 
Sec. 60.21(h) and must include such additional increments of progress 
as may be necessary to permit close and effective supervision of 
progress toward final compliance.
* * * * *

    4. Section 60.27 is amended by revising paragraph (f) to read as 
follows:


Sec. 60.27  Actions by the Administrator.

* * * * *
    (f) Prior to promulgation of a plan under paragraph (d) of this 
section, the Administrator will provide the opportunity for at least 
one public hearing in either:
    (1) Each State that failed to hold a public hearing as required by 
Sec. 60.23(c); or
    (2) Washington, DC or an alternate location specified in the 
Federal Register.

    4. Part 60 is amended by adding a new subpart BBBB to read as 
follows:

Subpart BBBB--Emission Guidelines and Compliance Times for Small 
Municipal Waste Combustion Units Constructed on or Before August 
30, 1999

Introduction

Sec.    
60.1500   What is the purpose of this subpart?
60.1505   Am I affected by this subpart?
60.1510   Is a State plan required for all States?
60.1515   What must I include in my State plan?
60.1520   Is there an approval process for my State plan?
60.1525   What if my State plan is not approvable?
60.1530   Is there an approval process for a negative declaration 
letter?
60.1535   What compliance schedule must I include in my State plan?
60.1540   Are there any State plan requirements for this subpart 
that supersede the requirements specified in subpart B?
60.1545   Does this subpart directly affect municipal waste 
combustion unit owners and operators in my State?

Applicability of State Plans

60.1550   What municipal waste combustion units must I address in my 
State plan?
60.1555   Are any small municipal waste combustion units exempt from 
my State plan?
60.1560   Can an affected municipal waste combustion unit reduce its 
capacity to less than 35 tons per day rather than comply with my 
State plan?
60.1565   What subcategories of small municipal waste combustion 
units must I include in my State plan?

Use of Model Rule

60.1570   What is the ``model rule'' in this subpart?
60.1575   How does the model rule relate to the required elements of 
my State plan?
60.1580   What are the principal components of the model rule?

Model Rule--Increments of Progress

60.1585   What are my requirements for meeting increments of 
progress and achieving final compliance?
60.1590   When must I complete each increment of progress?
60.1595   What must I include in the notifications of achievement of 
my increments of progress?
60.1600   When must I submit the notifications of achievement of 
increments of progress?
60.1605   What if I do not meet an increment of progress?
60.1610   How do I comply with the increment of progress for 
submittal of a control plan?
60.1615   How do I comply with the increment of progress for 
awarding contracts?
60.1620   How do I comply with the increment of progress for 
initiating onsite construction?
60.1625   How do I comply with the increment of progress for 
completing onsite construction?
60.1630   How do I comply with the increment of progress for 
achieving final compliance?
60.1635   What must I do if I close my municipal waste combustion 
unit and then restart my municipal waste combustion unit?
60.1640   What must I do if I plan to permanently close my municipal 
waste combustion unit and not restart it?

Model Rule--Good Combustion Practices: Operator Training

60.1645   What types of training must I do?
60.1650   Who must complete the operator training course? By when?
60.1655   Who must complete the plant-specific training course?
60.1660   What plant-specific training must I provide?
60.1665   What information must I include in the plant-specific 
operating manual?
60.1670   Where must I keep the plant-specific operating manual?

Model Rule--Good Combustion Practices: Operator Certification

60.1675   What types of operator certification must the chief 
facility operator and shift supervisor obtain and by when must they 
obtain it?
60.1680   After the required date for operator certification, who 
may operate the municipal waste combustion unit?
60.1685   What if all the certified operators must be temporarily 
offsite?

Model Rule--Good Combustion Practices: Operating Requirements

60.1690   What are the operating practice requirements for my 
municipal waste combustion unit?
60.1695   What happens to the operating requirements during periods 
of startup, shutdown, and malfunction?

Model Rule--Emission Limits

60.1700   What pollutants are regulated by this subpart?
60.1705   What emission limits must I meet? By when?
60.1710   What happens to the emission limits during periods of 
startup, shutdown, and malfunction?

Model Rule--Continuous Emission Monitoring

60.1715   What types of continuous emission monitoring must I 
perform?
60.1720   What continuous emission monitoring systems must I install 
for gaseous pollutants?
60.1725   How are the data from the continuous emission monitoring 
systems used?
60.1730   How do I make sure my continuous emission monitoring 
systems are operating correctly?
60.1735   Am I exempt from any appendix B or appendix F requirements 
to evaluate continuous emission monitoring systems?
60.1740   What is my schedule for evaluating continuous emission 
monitoring systems?
60.1745   What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?
60.1750   What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems and is the 
data collection requirement enforceable?
60.1755   How do I convert my 1-hour arithmetic averages into 
appropriate averaging times and units?

[[Page 76385]]

60.1760   What is required for my continuous opacity monitoring 
system and how are the data used?
60.1765   What additional requirements must I meet for the operation 
of my continuous emission monitoring systems and continuous opacity 
monitoring system?
60.1770   What must I do if any of my continuous emission monitoring 
systems are temporarily unavailable to meet the data collection 
requirements?

Model Rule--Stack Testing

60.1775   What types of stack tests must I conduct?
60.1780   How are the stack test data used?
60.1785   What schedule must I follow for the stack testing?
60.1790   What test methods must I use to stack test?
60.1795   May I conduct stack testing less often?
60.1800   May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

Model Rule--Other Monitoring Requirements

60.1805   Must I meet other requirements for continuous monitoring?
60.1810   How do I monitor the load of my municipal waste combustion 
unit?
60.1815   How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?
60.1820   How do I monitor the injection rate of activated carbon?
60.1825   What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is the 
data collection requirement enforceable?

Model Rule--Recordkeeping

60.1830   What records must I keep?
60.1835   Where must I keep my records and for how long?
60.1840   What records must I keep for operator training and 
certification?
60.1845   What records must I keep for stack tests?
60.1850   What records must I keep for continuously monitored 
pollutants or parameters?
60.1855   What records must I keep for municipal waste combustion 
units that use activated carbon?

Model Rule--Reporting

60.1860   What reports must I submit and in what form?
60.1865   What are the appropriate units of measurement for 
reporting my data?
60.1870   When must I submit the initial report?
60.1875   What must I include in my initial report?
60.1880   When must I submit the annual report?
60.1885   What must I include in my annual report?
60.1890   What must I do if I am out of compliance with the 
requirements of this subpart?
60.1895   If a semiannual report is required, when must I submit it?
60.1900   What must I include in the semiannual out-of-compliance 
reports?
60.1905   Can reporting dates be changed?

Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard Waste

60.1910   What is an air curtain incinerator?
60.1915   What is yard waste?
60.1920   What are the emission limits for air curtain incinerators 
that burn 100 percent yard waste?
60.1925   How must I monitor opacity for air curtain incinerators 
that burn 100 percent yard waste?
60.1930   What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent yard waste?

Equations

60.1935   What equations must I use?

Definitions

60.1940   What definitions must I know?

Tables

Table 1 of Subpart BBBB--Model Rule--Compliance Schedules and 
Increments of Progress
Table 2 of Subpart BBBB--Model Rule--Class I Emission Limits For 
Existing Small Municipal Waste Combustion Units
Table 3 of Subpart BBBB--Model Rule--Class I Nitrogen Oxides Emission 
Limits For Existing Small Municipal Waste Combustion Units
Table 4 of Subpart BBBB--Model Rule--Class II Emission Limits For 
Existing Small Municipal Waste Combustion Units
Table 5 of Subpart BBBB--Model Rule--Carbon Monoxide Emission Limits 
For Existing Small Municipal Waste Combustion Units
Table 6 of Subpart BBBB--Model Rule--Requirements for Validating 
Continuous Emission Monitoring Systems (CEMS)
Table 7 of Subpart BBBB--Model Rule--Requirements for Continuous 
Emission Monitoring Systems (CEMS)
Table 8 of Subpart BBBB--Model Rule--Requirements for Stack Tests

Introduction


Sec. 60.1500  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from existing small municipal 
waste combustion units. The pollutants addressed by the emission 
guidelines are listed in Tables 2, 3, 4, and 5 of this subpart. The 
emission guidelines are developed in accordance with sections 111(d) 
and 129 of the Clean Air Act (CAA) and subpart B of this part.


Sec. 60.1505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing small 
municipal waste combustion units that commenced construction on or 
before August 30, 1999, you must submit a State plan to the U.S. 
Environmental Protection Agency (EPA) that implements the emission 
guidelines contained in this subpart.
    (b) You must submit the State plan to EPA by December 6, 2001.


Sec. 60.1510  Is a State plan required for all States?

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


Sec. 60.1515  What must I include in my State plan?

    (a) Include nine items:
    (1) Inventory of affected municipal waste combustion units, 
including those that have ceased operation but have not been 
dismantled.
    (2) Inventory of emissions from affected municipal waste combustion 
units in your State.
    (3) Compliance schedules for each affected municipal waste 
combustion unit.
    (4) Good combustion practices and emission limits for affected 
municipal waste ombustion units that are at least as protective as the 
emission guidelines contained in this subpart.
    (5) Stack testing, continuous emission monitoring, recordkeeping, 
and reporting requirements.
    (6) Certification that the hearing on the State plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you 
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the 
CAA sections 111(d) and 129 State plan.
    (b) Your State plan can deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your State 
plan does deviate, you must demonstrate that your State plan is as 
protective as the emission guidelines contained in this subpart. Your 
State plan must address

[[Page 76386]]

regulatory applicability, increments of progress for retrofit, operator 
training and certification, operating practice, emission limits, 
continuous emission monitoring, stack testing, recordkeeping, 
reporting, and air curtain incinerator requirements.
    (c) Follow the requirements of subpart B of this part in your State 
plan.


Sec. 60.1520  Is there an approval process for my State plan?

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


Sec. 60.1525  What if my State plan is not approvable?

    If you do not submit an approvable State plan (or a negative 
declaration letter), EPA will develop a Federal plan, according to 
Sec. 60.27 to implement the emission guidelines contained in this 
subpart. Owners and operators of municipal waste combustion units not 
covered by an approved and currently effective State plan must comply 
with the Federal plan. The Federal plan is an interim action and, by 
its own terms, will cease to apply when your State plan is approved and 
becomes effective.


Sec. 60.1530  Is there an approval process for a negative declaration 
letter?

    No, the EPA has no formal review process for negative declaration 
letters. Once your negative declaration letter has been received, EPA 
will place a copy in the public docket and publish a notice in the 
Federal Register. If, at a later date, an existing small municipal 
waste combustion unit is identified in your State, the Federal plan 
implementing the emission guidelines contained in this subpart will 
automatically apply to that municipal waste combustion unit until your 
State plan is approved.


Sec. 60.1535  What compliance schedule must I include in my State plan?

    (a) Your State plan must include compliance schedules that require 
small municipal waste combustion units to achieve final compliance or 
cease operation as expeditiously as practicable but not later than the 
earlier of two dates:
    (1) December 6, 2005.
    (2) Three years after the effective date of State plan approval.
    (b) For compliance schedules longer than 1 year after the effective 
date of State plan approval, State plans must include two items:
    (1) Dates for enforceable increments of progress as specified in 
Sec. 60.1590.
    (2) For Class I units (see definition in Sec. 60.1940), dioxins/
furans stack test results for at least one test conducted during or 
after 1990. The stack tests must have been conducted according to the 
procedures specified under Sec. 60.1790.
    (c) Class I units that commenced construction after June 26, 1987 
must comply with the dioxins/furans and mercury limits specified in 
Tables 2 and 3 of this subpart by the later of two dates:
    (1) One year after the effective date of State plan approval.
    (2) One year following the issuance of a revised construction or 
operation permit, if a permit modification is required.


Sec. 60.1540  Are there any State plan requirements for this subpart 
that supersede the requirements specified in subpart B?

    Subpart B of this part establishes general requirements for 
developing and processing CAA section 111(d) plans. This subpart 
applies instead of the requirements in subpart B of this part, for two 
items:
    (a) Option for case-by-case less stringent emission standards and 
longer compliance schedules. State plans developed to implement this 
subpart must be as protective as the emission guidelines contained in 
this subpart. State plans must require all municipal waste combustion 
units to comply no later than December 6, 2005. That requirement 
applies instead of the option for case-by-case less stringent emission 
standards and longer compliance schedules in Sec. 60.24(f).
    (b) Increments of progress requirements. For Class II units (see 
definition in Sec. 60.1940), a State plan must include at least two 
increments of progress for the affected municipal waste combustion 
units. The two minimum increments are the final control plan submittal 
date and final compliance date in Sec. 60.21(h)(1) and (5). That 
requirement applies instead of the requirement of Sec. 60.24(e)(1) that 
would require a State plan to include all five increments of progress 
for all municipal waste combustion units. For Class I units under this 
subpart, the final control plan must contain the five increments of 
progress in Sec. 60.24(e)(1).


Sec. 60.1545  Does this subpart directly affect municipal waste 
combustion unit owners and operators in my State?

    (a) No, this subpart does not directly affect municipal waste 
combustion unit owners and operators in your State. However, municipal 
waste combustion unit owners and operators must comply with the State 
plan you developed to implement the emission guidelines contained in 
this subpart. Some States may incorporate the emission guidelines 
contained in this subpart into their State plans by direct 
incorporation by reference. Others may include the model rule text 
directly in their State plan.
    (b) All municipal waste combustion units must be in compliance with 
the requirements established in this subpart by December 6, 2005, 
whether the municipal waste combustion unit is regulated under a State 
or Federal plan.

Applicability of State Plans


Sec. 60.1550  What municipal waste combustion units must I address in 
my State plan?

    (a) Your State plan must address all existing small municipal waste 
combustion units in your State that meet two criteria:
    (1) The municipal waste combustion unit has the capacity to combust 
at least 35 tons per day of municipal solid waste but no more than 250 
tons per day of municipal solid waste or refuse-derived fuel.
    (2) The municipal waste combustion unit commenced construction on 
or before August 30, 1999.
    (b) If an owner or operator of a municipal waste combustion unit 
makes changes that meet the definition of modification or 
reconstruction after June 6, 2001 for subpart AAAA of this part, the 
municipal waste combustion unit becomes subject to subpart AAAA of this 
part and the State plan no longer applies to that unit.
    (c) If an owner or operator of a municipal waste combustion unit 
makes physical or operational changes to an existing municipal waste 
combustion unit primarily to comply with your State plan, subpart AAAA 
of this part (New Source Performance Standards for New Small Municipal 
Waste Combustion Units) does not apply to that unit. Such changes do 
not constitute modifications or reconstructions under subpart AAAA of 
this part.


Sec. 60.1555  Are any small municipal waste combustion units exempt 
from my State plan?

    (a) Small municipal waste combustion units that combust less than 
11 tons per day. Units are exempt from your State plan if four 
requirements are met:
    (1) The 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 are notified by the owner or operator that the unit 
qualifies for the exemption.
    (3) You receive from the owner or operator of the unit a copy of 
the federally enforceable permit.

[[Page 76387]]

    (4) The owner or operator of the unit keeps daily records of the 
amount of municipal solid waste combusted.
    (b) Small power production units. Units are exempt from your State 
plan if four requirements are met:
    (1) The unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You are notified by the owner or operator that the unit 
qualifies for the exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for the exemption.
    (c) Cogeneration units. Units are exempt from your State plan if 
four requirements are met:
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit 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 are notified by the owner or operator that the unit 
qualifies for the exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for the exemption.
    (d) Municipal waste combustion units that combust only tires. Units 
are exempt from your State plan if three requirements are met:
    (1) The 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 are notified by the owner or operator that the unit 
qualifies for the exemption.
    (3) You receive documentation from the owner or operator that the 
unit qualifies for the exemption.
    (e) Hazardous waste combustion units. Units are exempt from your 
State plan if the units have received a permit under section 3005 of 
the Solid Waste Disposal Act.
    (f) Materials recovery units. Units are exempt from your State plan 
if the units combust waste mainly to recover metals. Primary and 
secondary smelters may qualify for the exemption.
    (g) Co-fired units. Units are exempt from your State plan if four 
requirements are met:
    (1) The unit has a federally enforceable permit limiting municipal 
solid waste combustion to 30 percent of the total fuel input by weight.
    (2) You are notified by the owner or operator that the unit 
qualifies for the exemption.
    (3) You receive from the owner or operator of the unit a copy of 
the federally enforceable permit.
    (4) The owner or operator records the weights, each quarter, of 
municipal solid waste and of all other fuels combusted.
    (h) Plastics/rubber recycling units. Units are exempt from your 
State plan if four requirements are met:
    (1) The pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' 
(Sec. 60.1940).
    (2) The owner or operator of the unit records the weight, each 
quarter, of plastics, rubber, and rubber tires processed.
    (3) The owner or operator of the unit records the weight, each 
quarter, of feed stocks produced and marketed from chemical plants and 
petroleum refineries.
    (4) The owner or operator of the unit keeps the name and address of 
the purchaser of the feed stocks.
    (i) Units that combust fuels made from products of plastics/rubber 
recycling plants. Units are exempt from your State plan if two 
requirements are met:
    (1) The 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 feed stocks produced by plastics/rubber recycling units.
    (2) The unit does not combust any other municipal solid waste.
    (j) Cement kilns. Cement kilns that combust municipal solid waste 
are exempt from your State plan.
    (k) Air curtain incinerators. If an air curtain incinerator (see 
Sec. 60.1940 for definition) combusts 100 percent yard waste, then 
those units must only meet the requirements under ``Model Rule--Air 
Curtain Incinerators That Burn 100 Percent Yard Waste'' (Secs. 60.1910 
through 60.1930).


Sec. 60.1560  Can an affected municipal waste combustion unit reduce 
its capacity to less than 35 tons per day rather than comply with my 
State plan?

    (a) Yes, an owner or operator of an affected municipal waste 
combustion unit may choose to reduce, by your final compliance date, 
the maximum combustion capacity of the unit to less than 35 tons per 
day of municipal solid waste rather than comply with your State plan. 
They must submit a final control plan and the notifications of 
achievement of increments of progress as specified in Sec. 60.1610.
    (b) The final control plan must, at a minimum, include two items:
    (1) A description of the physical changes that will be made to 
accomplish the reduction.
    (2) Calculations of the current maximum combustion capacity and the 
planned maximum combustion capacity after the reduction. Use the 
equations specified under Sec. 60.1935(d) and (e) to calculate the 
combustion capacity of a municipal waste combustion unit.
    (c) A permit restriction or a change in the method of operation 
does not qualify as a reduction in capacity. Use the equations 
specified under Sec. 60.1935(d) and (e) to calculate the combustion 
capacity of a municipal waste combustion unit.


Sec. 60.1565  What subcategories of small municipal waste combustion 
units must I include in my State plan?

    This subpart specifies different requirements for different 
subcategories of municipal waste combustion units. You must use those 
same two subcategories in your State plan. Those two subcategories are 
based on the aggregate capacity of the municipal waste combustion plant 
as follows:
    (a) 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 Sec. 60.1940 for specification of which 
units at a plant are included in the aggregate capacity calculation.)
    (b) 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 Sec. 60.1940 for 
specification of which units at a plant are included in the aggregate 
capacity calculation.)

Use of Model Rule


Sec. 60.1570  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of the emission guidelines 
(Secs. 60.1585 through 60.1905) that addresses the regulatory 
requirements applicable to small municipal waste combustion units. The 
model rule provides the requirements in a regulation format.

[[Page 76388]]

    (b) In the model rule, ``you'' means the owner or operator of a 
small municipal waste combustion unit.


Sec. 60.1575  How does the model rule relate to the required elements 
of my State plan?

    The model rule may be used to satisfy the State plan requirements 
specified in Sec. 60.1515(a)(4) and (5). Alternative language may be 
used in your State plan, but only if you can demonstrate that the 
alternative language is as protective as the model rule.


Sec. 60.1580  What are the principal components of the model rule?

    The model rule contains five major components:

(a) Increments of progress toward compliance.
(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.

Model Rule--Increments of Progress


Sec. 60.1585  What are my requirements for meeting increments of 
progress and achieving final compliance?

    (a) Class I units. If you plan to achieve compliance more than 1 
year following the effective date of State plan approval and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet five increments of progress:
    (1) Submit a final control plan.
    (2) Submit a notification of retrofit contract award.
    (3) Initiate onsite construction.
    (4) Complete onsite construction.
    (5) Achieve final compliance.
    (b) Class II units. If you plan to achieve compliance more than 1 
year following the effective date of State plan approval and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet two increments of progress:
    (1) Submit a final control plan.
    (2) Achieve final compliance.


Sec. 60.1590  When must I complete each increment of progress?

    Table 1 of this subpart specifies compliance dates for each of the 
increments of progress for Class I and II units. (See Sec. 60.1940 for 
definitions of classes.)


Sec. 60.1595  What must I include in the notifications of achievement 
of my increments of progress?

    Your notification of achievement of increments of progress must 
include three items:
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with the increment of 
progress (Secs. 60.1610 through 60.1630).
    (c) The notification must be signed by the owner or operator of the 
municipal waste combustion unit.


Sec. 60.1600  When must I submit the notifications of achievement of 
increments of progress?

    Notifications of the achievement of increments of progress must be 
postmarked no later than 10 days after the compliance date for the 
increment.


Sec. 60.1605  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the specified date in Table 1 of this subpart for achieving that 
increment of progress. The notification must inform the Administrator 
that you did not meet the increment. You must include in the 
notification an explanation of why the increment of progress was not 
met and your plan for meeting the increment as expeditiously as 
possible. You must continue to submit reports each subsequent month 
until the increment of progress is met.


Sec. 60.1610  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must complete two 
items:
    (a) Submit the final control plan, including a description of the 
devices for air pollution control and process changes that you will use 
to comply with the emission limits and other requirements of this 
subpart.
    (b) You must maintain an onsite copy of the final control plan.


Sec. 60.1615  How do I comply with the increment of progress for 
awarding contracts?

    You must submit a signed copy of the contracts awarded to initiate 
onsite construction, initiate onsite installation of emission control 
equipment, and incorporate process changes. Submit the copy of the 
contracts with the notification that the increment of progress has been 
achieved. You do not need to include documents incorporated by 
reference or the attachments to the contracts.


Sec. 60.1620  How do I comply with the increment of progress for 
initiating onsite construction?

    You must initiate onsite construction and installation of emission 
control equipment and initiate the process changes outlined in the 
final control plan.


Sec. 60.1625  How do I comply with the increment of progress for 
completing onsite construction?

    You must complete onsite construction and installation of emission 
control equipment and complete process changes outlined in the final 
control plan.


Sec. 60.1630  How do I comply with the increment of progress for 
achieving final compliance?

    For the final compliance increment of progress, you must complete 
two items:
    (a) Complete all process changes and complete retrofit construction 
as specified in the final control plan.
    (b) Connect the air pollution control equipment with the municipal 
waste combustion unit identified in the final control plan and complete 
process changes to the municipal waste combustion unit so that if the 
affected municipal waste combustion unit is brought online, all 
necessary process changes and air pollution control equipment are 
operating as designed.


Sec. 60.1635  What must I do if I close my municipal waste combustion 
unit and then restart my municipal waste combustion unit?

    (a) If you close your municipal waste combustion unit but will 
reopen it prior to the final compliance date in your State plan, you 
must meet the increments of progress specified in Sec. 60.1585.
    (b) If you close your municipal waste combustion unit but will 
restart it after your final compliance date, you must complete emission 
control retrofit and meet the emission limits and good combustion 
practices on the date your municipal waste combustion unit restarts 
operation.


Sec. 60.1640  What must I do if I plan to permanently close my 
municipal waste combustion unit and not restart it?

    (a) If you plan to close your municipal waste combustion unit 
rather than comply with the State plan, you must submit a closure 
notification, including the date of closure, to the Administrator by 
the date your final control plan is due.
    (b) If the closure date is later than 1 year after the effective 
date of State plan approval, you must enter into a legally binding 
closure agreement with the

[[Page 76389]]

Administrator by the date your final control plan is due. The agreement 
must specify the date by which operation will cease.

Model Rule--Good Combustion Practices: Operator Training


Sec. 60.1645  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 EPA or a State-approved training course.
    (b) Training of plant personnel using a plant-specific training 
course.


Sec. 60.1650  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) One year after the effective date of State plan approval.
    (2) Six months after your municipal waste combustion unit starts 
up.
    (3) The date before an employee assumes responsibilities that 
affect operation of the municipal waste combustion unit.
    (c) The requirement in paragraph (a) of this section does not apply 
to chief facility operators, shift supervisors, and control room 
operators who have obtained full certification from the American 
Society of Mechanical Engineers on or before the effective date of 
State plan approval.
    (d) You may request that the EPA Administrator waive the 
requirement in paragraph (a) of this section for chief facility 
operators, shift supervisors, and control room operators who have 
obtained provisional certification from the American Society of 
Mechanical Engineers on or before the effective date of State plan 
approval.


Sec. 60.1655  Who must complete the plant-specific 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.


Sec. 60.1660  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 starts 
up.
    (2) One year after the effective date of State plan approval.
    (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) One year after the effective date of State plan approval.
    (2) Six months after your municipal waste combustion unit starts 
up.
    (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.


Sec. 60.1665  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.
    (j) Procedures for monitoring emissions from the municipal waste 
combustion unit.
    (k) Procedures for recordkeeping and reporting.


Sec. 60.1670  Where must I keep the plant-specific 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.

Model Rule--Good Combustion Practices: Operator Certification


Sec. 60.1675  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 Sec. 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) For Class I units, 12 months after the effective date of State 
plan approval. For Class II units, 18 months after the effective date 
of State plan approval.
    (2) Six months after the municipal waste combustion unit starts up.
    (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 
Sec. 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 the following dates:
    (1) For Class I units, 12 months after the effective date of State 
plan approval. For Class II units, 18 months after the effective date 
of State plan approval.
    (2) Six months after the municipal waste combustion unit starts up.
    (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.


Sec. 60.1680  After the required date for operator certification, who 
may operate the municipal waste combustion unit?

    After the required date for full or provisional certification, you 
must not operate your municipal waste combustion unit unless one of 
four employees is on duty:
    (a) A fully certified chief facility operator.

[[Page 76390]]

    (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.


Sec. 60.1685  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 periods 
when the certified chief facility operator and certified shift 
supervisor are offsite and include the information in the annual report 
as specified under Sec. 60.1885(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.

Model Rule--Good Combustion Practices: Operating Requirements


Sec. 60.1690  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'' (Sec. 60.1940).
    (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 deg.C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec. 60.1940).
    (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 Sec. 60.1935(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.
    (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.


Sec. 60.1695  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.

Model Rule--Emission Limits


Sec. 60.1700  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.


Sec. 60.1705  What emission limits must I meet? By when?

    (a) After the date the initial stack test and continuous emission 
monitoring system evaluation are required or completed (whichever is 
earlier), you must meet the applicable emission limits specified in the 
four tables of this subpart:
    (1) For Class I units, see Tables 2 and 3 of this subpart.
    (2) For Class II units, see Table 4 of this subpart.
    (3) For carbon monoxide emission limits for both classes of units, 
see Table 5 of this subpart.
    (b) If your Class I municipal waste combustion unit began 
construction, reconstruction, or modification after June 26, 1987, then 
you must comply with the dioxins/furans and mercury emission limits 
specified in Table 2 of this subpart as applicable by the later of the 
following two dates:
    (1) One year after the effective date of State plan approval.
    (2) One year after the issuance of a revised construction or 
operating

[[Page 76391]]

permit, if a permit modification is required. Final compliance with the 
dioxins/furans limits must be achieved no later than December 6, 2005, 
even if the date 1 year after the issuance of a revised construction or 
operation permit is later than December 6, 2005.


Sec. 60.1710  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 Sec. 60.11(d) apply.

Model Rule--Continuous Emission Monitoring


Sec. 60.1715  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.


Sec. 60.1720  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, 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 Sec. 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 
Sec. 60.1745.
    (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 Sec. 60.13(i).


Sec. 60.1725  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 applicable emission limits specified in 
Tables 2, 3, 4, and 5 of this subpart. To demonstrate compliance for 
dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, 
hydrogen chloride, and fugitive ash, see Sec. 60.1780.


Sec. 60.1730  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 180 days after your final compliance date.
    (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 6 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 
7 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 drift and quarterly accuracy 
determinations.


Sec. 60.1735  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).


Sec. 60.1740  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.


Sec. 60.1745  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.

[[Page 76392]]

Sec. 60.1750  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 (Class I municipal waste combustion units 
only), 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 Sec. 60.1885(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 Sec. 60.1755.


Sec. 60.1755  How do I convert my 1-hour arithmetic averages into 
appropriate averaging times and units?

    (a) Use the equation in Sec. 60.1935(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.


Sec. 60.1760  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 Sec. 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 by 180 days after your final 
compliance date.
    (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 Sec. 60.1790, to determine 
compliance with the opacity limit in Table 2 or 4 of this subpart. The 
data obtained from your continuous opacity monitoring system are not 
used to determine compliance with the opacity limit.


Sec. 60.1765  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 8 of this subpart.


Sec. 60.1770  What must I do if any of my continuous emission 
monitoring systems are temporarily unavailable to meet the data 
collection requirements?

    Refer to Table 8 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.

Model Rule--Stack Testing


Sec. 60.1775  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.


Sec. 60.1780  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 applicable emission 
limits in Tables 2 and 4 of this subpart. To demonstrate compliance for 
carbon monoxide, nitrogen oxides, and sulfur dioxide, see Sec. 60.1725.


Sec. 60.1785  What schedule must I follow for the stack testing?

    (a) Conduct initial stack tests for the pollutants listed in 
Sec. 60.1775 by 180 days after your final compliance date.
    (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.


Sec. 60.1790  What test methods must I use to stack test?

    (a) Follow Table 8 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 Sec. 60.8. Use the average of 
the pollutant emission concentrations from the three test runs to 
determine compliance with the applicable emission limits in Tables 2 
and 4 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 Sec. 60.1720.
    (d) Use the equations in Sec. 60.1935(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 6 of this subpart for other required equations.
    (e) You can apply to the Administrator for approval under 
Sec. 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.

[[Page 76393]]

Sec. 60.1795  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 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, 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 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, 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 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, 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 
emissions levels less than or equal to 15 nanograms per dry standard 
cubic meter (total mass) for Class I units, or 30 nanograms per dry 
standard cubic meter (total mass) for Class II units, for all municipal 
waste combustion units at your plant subject to this subpart for 2 
consecutive years.


Sec. 60.1800  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 Secs. 60.1785(b) and 60.1795(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.

Model Rule--Other Monitoring Requirements


Sec. 60.1805  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.


Sec. 60.1810  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 Sec. 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 
Sec. 60.17(h)(3)).
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all signal conversion elements associated with steam (or feed 
water) flow measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion units do 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.


Sec. 60.1815  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.


Sec. 60.1820  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

[[Page 76394]]

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.


Sec. 60.1825  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 Sec. 60.1885(e).

Model Rule--Recordkeeping


Sec. 60.1830  What records must I keep?

    You must keep four types of records:
    (a) Operator training and certification.
    (b) Stack tests.
    (c) Continuously monitored pollutants and parameters.
    (d) Carbon feed rate.


Sec. 60.1835  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.


Sec. 60.1840  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 operator training course.
    (d) Records of reviews for plant-specific 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 all certified chief facility operators and certified shift 
supervisors are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (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.


Sec. 60.1845  What records must I keep for stack tests?

    For stack tests required under Sec. 60.1775, 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 2 or 4 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.


Sec. 60.1850  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.

[[Page 76395]]

    (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 Secs. 60.1750 and 60.1825. Record those 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 those 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 Sec. 60.1745.
    (h) Records of calendar dates. Include the calendar date on each 
record.


Sec. 60.1855  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 Sec. 60.1935(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. 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 Sec. 60.1825.
    (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.

Model Rule--Reporting


Sec. 60.1860  What reports must I submit 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 Secs. 60.1870, 60.1880, and 60.1895. If the 
Administrator agrees, you may submit electronic reports.
    (c) Keep a copy of all reports required by Secs. 60.1875, 60.1885, 
and 60.1900 onsite for 5 years.


Sec. 60.1865  What are the appropriate units of measurement for 
reporting my data?

    See Tables 2, 3, 4 and 5 of this subpart for appropriate units of 
measurement.


Sec. 60.1870  When must I submit the initial report?

    As specified in Sec. 60.7(c), submit your initial report by 180 
days after your final compliance date.


Sec. 60.1875  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 Sec. 60.1850(b).
    (1) The 24-hour daily geometric average concentration of sulfur 
dioxide emissions or the 24-hour daily

[[Page 76396]]

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 or 4 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 Sec. 60.1855(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 Sec. 60.1745.


Sec. 60.1880  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 CAA, the permit 
may require you to submit semiannual reports. Parts 70 and 71 of this 
chapter contain program requirements for permits.


Sec. 60.1885  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 Sec. 60.1845(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average levels recorded, in the 
appropriate units. List those 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 (Sec. 60.1850(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 Sec. 60.1935(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 (Sec. 60.1795(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 (Sec. 60.1795(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 Sec. 60.1745.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.


Sec. 60.1890  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

[[Page 76397]]

level that does not meet the requirements specified in this subpart.


Sec. 60.1895  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.


Sec. 60.1900  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 
Sec. 60.1845(a)) show emissions above the limits specified in Table 2 
or 4 of this subpart as applicable 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 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 
Sec. 60.1855(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.


Sec. 60.1905  Can reporting dates be changed?

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

Model Rule--Air Curtain Incinerators That Burn 100 Percent Yard 
Waste


Sec. 60.1910  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.


Sec. 60.1915  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 Sec. 60.1940.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec. 60.1940.


Sec. 60.1920  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 only meet the emission limits in this section.
    (a) By 180 days after your final compliance date, 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.


Sec. 60.1925  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 Sec. 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.


Sec. 60.1930  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 Sec. 60.1935(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 Sec. 60.19(c)).
    (h) Keep a copy of all reports onsite for a period of 5 years.

[[Page 76398]]

Equations


Sec. 60.1935  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:
[GRAPHIC] [TIFF OMITTED] TR06DE00.003


Where:

C<INF>7</INF><not-eq> = concentration corrected to 7 percent oxygen.
C<INF>unc</INF> = uncorrected pollutant concentration.
CO<INF>2</INF> = concentration of oxygen (percent).

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%P<INF>Hg</INF>) 
using equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.004


Where:

%P<INF>Hg</INF> = percent reduction of potential mercury emissions
E<INF>i</INF> = mercury emission concentration as measured at the air 
pollution control device inlet, corrected to 7 percent oxygen, dry 
basis
E<INF>o</INF> = 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 (%P<INF>HC1</INF>) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR06DE00.005


Where:


%P<INF>HC1</INF> = percent reduction of the potential hydrogen chloride 
emissions
E<INF>i</INF> = hydrogen chloride emission concentration as measured at 
the air pollution control device inlet, corrected to 7 percent oxygen, 
dry basis
E<INF>o</INF> = hydrogen chloride emission concentration as measured at 
the air pollution control device outlet, corrected to 7 percent oxygen, 
dry basis

    (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 refuse-derived 
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.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.006
    

Where:
C = required quarterly carbon usage for the plant in kilograms (or 
pounds).
f<INF>i</INF> = 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<INF>i</INF> = 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.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.007
    

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).

[[Page 76399]]

Definitions


Sec. 60.1940  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 in 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 combustion units subject to 
this subpart that are located at municipal waste combustion plants with 
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.
    Effective date of State plan approval means the effective date that 
the EPA approves the State plan. The Federal Register specifies the 
date in the notice that announces EPA's approval of the State plan.
    Eight-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 
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 
field-erected 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.
    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 Sec. 60.51c.

[[Page 76400]]

    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 field-erected, 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 field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; 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 
of State Plans (Sec. 60.1550(a)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are not subject to subparts Ea, Eb, or AAAA of 
this part.
    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 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 of State Plans (Sec. 60.1555(h) and (i)). 
Municipal waste combustion units do not include cement kilns that 
combust municipal solid waste as specified under Applicability of State 
Plans (Sec. 60.1555(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 
Sec. 60.1790.
    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.

[[Page 76401]]

    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 
the 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 quasi-governmental 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  deg.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.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to sections 111(d) and 
129(b)(2) of the CAA and subpart B of this part, that implements and 
enforces this subpart.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 in appendix A of this part and 
the procedures specified in Sec. 60.1790.
    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, 
pigment-stained, 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 BBBB--Model Rule--Compliance Schedules and Increments of Progress
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Increment 1 (Submit     Increment 2 (Award      Increment 3 (Begin   Increment 4 (Complete    Increment 5 (Final
           Affected units              final control plan)         contracts)         onsite construction)   onsite construction)       compliance)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. All Class I units <SUP>a</SUP> <SUP>b</SUP>             (Dates to be specified  (Dates to be specified  (Dates to be           (Dates to be           (Dates to be
                                      in State plan).         in State plan).         specified in State     specified in State     specified in State
                                                                                      plan).                 plan).                 plan) <SUP>c</SUP> <SUP>d</SUP>.
2. All Class II units <SUP>a</SUP> <SUP>e</SUP>..........  (Dates to be specified  Not applicable........  Not applicable.......  Not applicable.......  (Dates to be
                                      in State plan).                                                                               specified in State
                                                                                                                                    plan) <SUP>c</SUP>.
--------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>a</SUP> Plant specific schedules can be used at the discretion of the State.

[[Page 76402]]

 
<SUP>b</SUP> 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 Sec.  60.1940 for definitions.
<SUP>c</SUP> The date can be no later than 3 years after the effective date of State plan approval or December 6, 2005.
<SUP>d</SUP> For Class I units that began construction, reconstruction, or modification after June 26, 1987, comply with the dioxins/furans and mercury limits by
  the later of two dates:
1. One year after the effective date of State plan approval.
2. One year after the issuance of a revised construction or operation permit, if a permit modification is required.
3. Final compliance with the dioxins/furans limits must be achieved no later than December 6, 2005, even if the date one year after the issuance of a
  revised construction or operation permit is after December 6, 2005.
<SUP>e</SUP> Class II units mean all small municipal combustion units subject to this subpart that are located at municipal waste combustion plants with aggregate
  plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See Sec.  60.1940 for definitions.


Table 2 of Subpart BBBB--Model Rule--Class I Emission Limits for Existing Small Municipal Waste Combustion Units
                                                        <SUP>a</SUP>
----------------------------------------------------------------------------------------------------------------
                                         You must meet the       Using the following    And determine compliance
   For the following pollutants      following emission limits     averaging times      by the following methods
-------------------------------------------------<SUP>b</SUP>--------------------------------------------------------------
1. Organics:
    Dioxins/Furans (total mass      30 nanograms per dry        3-run average          Stack test.
     basis).                         standard cubic meter for    (minimum run
                                     municipal waste             duration is 4 hours).
                                     combustion units that do
                                     not employ an
                                     electrostatic
                                     precipitator-based
                                     emission control system -
                                     or-.
                                    60 nanograms per dry
                                     standard cubic meter for
                                     municipal waste
                                     combustion units that
                                     employ an electrostatic
                                     precipitator-based
                                     emission control system.
2. Metals:
    Cadmium.......................  0.040 milligrams per dry    3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
    Lead..........................  0.490 milligrams per dry    3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
    Mercury.......................  0.080 milligrams per dry    3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
                                    85 percent reduction of
                                     potential mercury
                                     emissions.
    Opacity.......................  10 percent................  Thirty 6-minute        Stack test.
                                                                 averages.
    Particulate Matter............  27 milligrams per dry       3-run average (run     Stack test.
                                     standard cubic meter.       duration specified
                                                                 in test method).
3. Acid Gases:
    Hydrogen Chloride.............  31 parts per million by     3-run average          Stack test.
                                     dry volume 95 percent       (minimum run
                                     reduction of potential      duration is 1 hour).
                                     hydrogen chloride
                                     emissions.
    Sulfur Dioxide................  31 parts per million by     24-hour daily block    Continuous emission
                                     dry volume 75 percent       geometric average      monitoring system.
                                     reduction of potential      concentration
                                     sulfur dioxide emissions.   percent reduction.
4. Other:
    Fugitive Ash..................  Visible emissions for no    Three 1-hour           Visible emission test.
                                     more than 5 percent of      observation periods.
                                     hourly observation period.
----------------------------------------------------------------------------------------------------------------
<SUP>a</SUP> 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 Sec.  60.1940 for definitions.
<SUP>b</SUP> All emission limits (except for opacity) are measured at 7 percent oxygen.


  Table 3 of Subpart BBBB--Model Rule--Class I Nitrogen Oxides Emission
     Limits for Existing Small Municipal Waste Combustion Units<SUP>a,b,c</SUP>
------------------------------------------------------------------------
                                           Limits for class I municipal
 Municipal waste combustion technology        waste combustion units
------------------------------------------------------------------------
1. Mass burn waterwall.................  200 parts per million by dry
                                          volume.
2. Mass burn rotary waterwall..........  170 parts per million by dry
                                          volume.
3. Refuse-derived fuel.................  250 parts per million by dry
                                          volume.
4. Fluidized bed.......................  220 parts per million by dry
                                          volume.
5. Mass burn refractory................  350 parts per million by dry
                                          volume.
6. Modular excess air..................  190 parts per million by dry
                                          volume.
7. Modular starved air.................  380 parts per million by dry
                                          volume.
------------------------------------------------------------------------
\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 greater than 250 tons per
  day of municipal solid waste. See Sec.  60.1940 for definitions.
\b\ Nitrogen oxides limits are measured at 7 percent oxygen.
\c\ All limits are 24-hour daily block arithmetic average concentration.
  Compliance is determined for Class I units by continuous emission
  monitoring systems.


[[Page 76403]]


   Table 4 of Subpart BBBB--Model Rule--Class II Emission Limits for Existing Small Municipal Waste Combustion
                                                      Unit<SUP>a</SUP>
----------------------------------------------------------------------------------------------------------------
                                          You must meet the
                                          following emission      Using the following         And determine
     For the following pollutants        following determine        averaging times         compliance by the
                                               limits<SUP>b</SUP>                                      following methods
----------------------------------------------------------------------------------------------------------------
1. Organics:
    Dioxins/Furans (total mass basis)  125 nanorgrams per dry   3-run average (minimum   Stack test.
                                        standard cubic meter.    run duration is 4
                                                                 hours).
2. Metals:
    Cadmium..........................  0.10 milligrams per dry  3-run average (run       Stack test.
                                        standard cubic meter.    duration specified in
                                                                 test method).
    Lead.............................  1.6 milligrams per dry   3-run average (run       Stack test.
                                        standard cubic meter.    duration specified in
                                                                 test method).
    Mercury..........................  0.080 milligrams per     3-run average (run       Stack test.
                                        dry standard cubic       duration specified in
                                        meter.                   test method).
                                       85 percent reduction of
                                        potential mercury
                                        emissions.
    Opacity..........................  10 percent.............  Thirty 6-minute average  Stack test.
    Particulate Matter...............  70 milligrams per dry    3-run average (run       Stack test.
                                        standard cubic meter.    duration specified in
                                                                 test method).
3. Acid Gases:
    Hydrogen Chloride................  250 parts per million    3-run average (minimum   Stack test.
                                        by volume -or-.          run duration is 1
                                                                 hour).
                                       50 percent reduction of
                                        potential hydrogen
                                        chloride emissions.
Sulfur Dioxide.......................  77 parts per million by  24-hour daily block      Continuous emission
                                        dry volume -or-.         geometric average        monitoring system.
                                       50 percent reduction of   concentration -or-
                                        potential sulfur         percent reduction.
                                        dioxides emissions.
4. Other:
    Fugitive Ash.....................  Visible emissions for    Three 1-hour             Visible emission test.
                                        no more than 5 percent   observation periods.
                                        of hourly observation
                                        period.
----------------------------------------------------------------------------------------------------------------
\a\ Class II units mean all small municipal combustion units subject to this subpart that are located at
  municipal waste combustion plants with aggregate plant combustion capacity less than or equal to 250 tons per
  day of municipal solid waste. See Sec.  60.1940 for definitions.
\b\ All emission limits (except for opacity) are measured at 7 percent oxygen.
\c\ No monitoring, testing, recordkeeping or reporting is required to demonstrate compliance with the nitrogen
  oxides limit for Class II units.


Table 5 of Subpart BBBB--Model Rule--Carbon Monoxide Emission Limits for
             Existing Small Municipal Waste Combustion Units
------------------------------------------------------------------------
                                                            Using the
  For the following municipal      You must meet the        following
    waste combustion units         following carbon      averaging times
                                  monoxide limits \a\          \b\
------------------------------------------------------------------------
1. Fluidized bed..............  100 parts per million   4-hour.
                                 by dry volume.
2. Fluidized bed, mixed fuel,   200 parts per million   24-hour \c\.
 (wood/refuse-derived fuel).     by dry volume.
3. Mass burn rotary refractory  100 parts per million   4-hour.
                                 by dry volume.
4. Mass burn rotary waterwall.  250 parts per million   24-hour.
                                 by dry volume.
5. Mass burn waterwall and      100 parts per million   4-hour.
 refractory.                     by dry volume.
6. Mixed fuel-fired,            150 parts per million   4-hour.
 (pulverized coal/refuse-        by dry volume.
 derived fuel).
7. Modular starved-air and      50 parts per million    4-hour.
 excess air.                     by dry volume.
8. Spreader stoker, mixed fuel- 200 parts per million   24-hour daily.
 fired (coal/refuse-derived      by dry volume.
 fuel).
9. Stoker, refuse-derived fuel  200 parts per million   24-hour daily.
                                 by dry volume.
------------------------------------------------------------------------
\a\ All emission limits (except for opacity) are measured at 7 percent
  oxygen. Compliance is determined by continuous emission monitoring
  systems.
\b\ Block averages, arithmetic mean. See Sec.  60.1940 for definitions.
\c\ 24-hour block average, geometric mean.


[[Page 76404]]


    Table 6 of Subpart BBBB--Model Rule--Requirements for Validating
              Continuous Emission Monitoring Systems (CEMS)
------------------------------------------------------------------------
                                   Use the following
                                      methods in       Use the following
                                  appendix A of this      methods in
  For the following continuous     part to validate   appendix A of this
   emission monitoring systems        poollutant        part to measure
                                     concentratin      oxygen (or carbon
                                        levels             dioxide)
------------------------------------------------------------------------
1. Nitrogen Oxides (Class I       Method 7, 7A,       Method 3 or 3A.
 units only)\a\.                   7B,7C, 7D, or 7E.
2. Sulfur Dioxide...............  Method 6 or 6C....  Method 3 or 3A.
3. Carbon Monoxide..............  Method 10, 10A, or  Method 3 or 3A.
                                   10B.
------------------------------------------------------------------------
\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 greater than 250 tons per
  day of municipal solid waste. See Sec.  60.1940 for definitions.


      Table 7 of Subpart BBBB--``Model Rule--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
                                                                                             If needed to meet
                                                                     Use the following         minimum data
                                                                        performance        requirements, use the
    For the following pollutants        Use the following span       specifications in      folloiwng alternate
                                           values for CEMS          appendix B of this     methods in appendix A
                                                                    part for your CEMS        of this part to
                                                                                               collect data
----------------------------------------------------------------------------------------------------------------
1. Opacity.........................  100 percent opacity........  P.S. 1................  Method 9.
2. Nitrogen Oxides (Class I units    Control device outlet: 125   P.S. 2................  Method 7E.
 only).                               percent of the maximum
                                      expected hourly potential
                                      nitrogen oxides emissions
                                      of the municipal waste
                                      combustion unit.
3. Sulfur Dioxide..................  Inlet to control device:     P.S. 2................  Method 6C.
                                      125 percent of the maximum
                                      expected hourly potential
                                      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.
4. Carbon Monoxide.................  125 percent of the maximum   P.S. 4A...............  Method 10 with
                                      expected hourly potential                            alternative
                                      carbon monoxide emissions                            interference trap.
                                      of the municipal waste
                                      combustion unit.
5. Oxygen or Carbon Dioxide........  25 percent oxygen or 25      P.S. 3................  Method 3A or 3B.
                                      percent carbon dioxide.
----------------------------------------------------------------------------------------------------------------


                        Table 8 of Subpart BBBB--Model Rule--Requirements for Stack Tests
----------------------------------------------------------------------------------------------------------------
                                        Use the following       Use the following
                                      methods in appendix A   methods in appendix A
To measure the following pollutants      of this part to         of this part to       Also note the following
                                     determine the sampling     measure pollutant       additional information
                                            location              concentration
----------------------------------------------------------------------------------------------------------------
1. Organics
    Dioxins/Furans.................  Method 1..............  Method 23 <SUP>a</SUP>...........  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 <SUP>a</SUP>...........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Lead...........................  Method 1..............  Method 29 <SUP>a</SUP>...........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Mercury........................  Method 1..............  Method 29 <SUP>a</SUP>...........  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
                                                                                      limits. 3-hour observation
                                                                                      period (thirty 6-minute
                                                                                      averages).
    Particulate Matter.............  Method 1..............  Method 5 or 29 .......  The minimum sample 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 <plus-minus>14
                                                                                      deg.C. The minimum
                                                                                      sampling time is 1 hour.
3. Acid Gases <SUP>b</SUP>
    Hydrogen Chloride..............  Method 1..............  Method 26 or 26A <SUP>a</SUP>....  Test runs must be at least
                                                                                      1 hour long while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
4. Other <SUP>b</SUP>

[[Page 76405]]

 
    Fugitive Ash...................  Not applicable........  Method 22 (visible      The three 1-hour
                                                              emissions).             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.
----------------------------------------------------------------------------------------------------------------
<SUP>a</SUP> Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part.
<SUP>b</SUP> 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. 00-30002 Filed 12-5-00; 8:45 am]
BILLING CODE 6560-50-P


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