76378 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

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.

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:

copland.rick@epa.gov.

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 GuidelinesPublic 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/tribal governments.562213,

92411

4953

9511

Solid waste combustors or incinerators at waste-to-energy facilities that generate electricity or steam from

the combustion of garbage (typically municipal

waste); and solid waste combustors or incinerators at

facilities that combust garbage (typically municipal

waste) and do not recover energy from the waste.

The above list is not intended to be

exhaustive, but rather provides a guide

regarding the entities EPA expects to 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 §§ 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

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

76380 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

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

Pollutant Air emissions

reduction

Emission

level a

Dioxins/

Furansb.

2.7 kg/year ........ 97

Cadmium ....... 310 kg/year ...... 85

Lead ............... 12.9 Mg/year .... 92

Mercury .......... 4.1 Mg/year ...... 95

TABLE 1.—NATIONAL AIR EMISSION IMPACTS OF THE EMISSION GUIDELINES

FOR SMALL MWC UNITS—Continued

Pollutant Air emissions

reduction

Emission

level a

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

aPercent reduction from 1998 baseline.

bPercent national emission reduction relative to national baseline emissions that would

occur in the absence of the emission guidelines. cTotal 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

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

76382 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

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.

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

§ 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:

§ 60.17 Incorporations by reference.

* * * * *

(h) * * *

(1) ASME QRO–1–1994, Standard for

the Qualification and Certification of

Resource Recovery Facility Operators,

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

60.54b(b), 60.1675(a), and 60.1675(c)(2).

(2) ASME PTC 4.1–1964 (Reaffirmed

1991), Power Test Codes: Test Code for

Steam Generating Units (with 1968 and

1969 Addenda), IBR approved for

§§ 60.46b, 60.58a(h)(6)(ii),

60.58b(i)(6)(ii), and 60.1810(a)(3).

76384 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

(3) ASME Interim Supplement 19.5 on

Instruments and Apparatus:

Application, Part II of Fluid Meters, 6th

Edition (1971), IBR approved for

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

§ 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

§ 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:

§ 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 § 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 plantspecific 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 plantspecific 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?

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

§ 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.

§ 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.

§ 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.

§ 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

76386 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

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.

§ 60.1520 Is there an approval process for

my State plan?

The EPA will review your State plan

according to § 60.27.

§ 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 § 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.

§ 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.

§ 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 § 60.1590.

(2) For Class I units (see definition in

§ 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

§ 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.

§ 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 § 60.24(f).

(b) Increments of progress

requirements. For Class II units (see

definition in § 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 § 60.21(h)(1) and (5).

That requirement applies instead of the

requirement of § 60.24(e)(1) that would

require a State plan to include all five

increments of progress for all municipal

waste combustion units. For Class I

units under this subpart, the final

control plan must contain the five

increments of progress in § 60.24(e)(1).

§ 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

§ 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.

§ 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.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 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’’ (§ 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 § 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’’ (§§ 60.1910

through 60.1930).

§ 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 § 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 § 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

§ 60.1935(d) and (e) to calculate the

combustion capacity of a municipal

waste combustion unit.

§ 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

§ 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 § 60.1940 for specification

of which units at a plant are included

in the aggregate capacity calculation.)

Use of Model Rule

§ 60.1570 What is the ‘‘model rule’’ in this

subpart?

(a) The model rule is the portion of

the emission guidelines (§§ 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.

76388 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

(b) In the model rule, ‘‘you’’ means

the owner or operator of a small

municipal waste combustion unit.

§ 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

§ 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.

§ 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

§ 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.

§ 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 § 60.1940 for definitions of

classes.)

§ 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 (§§ 60.1610 through 60.1630).

(c) The notification must be signed by

the owner or operator of the municipal

waste combustion unit.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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

§ 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.

§ 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

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

§ 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.

§ 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.

§ 60.1655 Who must complete the plantspecific training course?

All employees with responsibilities

that affect how a municipal waste

combustion unit operates must

complete the plant-specific training

course. Include at least six types of

employees:

(a) Chief facility operators.

(b) Shift supervisors.

(c) Control room operators.

(d) Ash handlers.

(e) Maintenance personnel.

(f) Crane or load handlers.

§ 60.1660 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.

§ 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.

§ 60.1670 Where must I keep the plantspecific operating manual?

You must keep your operating manual

in an easily accessible location at your

plant. It must be available for review or

inspection by all employees who must

review it and by the Administrator.

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?

(a) Each chief facility operator and

shift supervisor must obtain and keep a

current provisional operator

certification from the American Society

of Mechanical Engineers (QRO–1–1994)

(incorporated by reference in

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

operator certification from your State

certification program.

(b) Each chief facility operator and

shift supervisor must obtain a

provisional certification by the later of

three dates:

(1) 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

§ 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.

§ 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.

76390 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

(b) A provisionally certified chief

facility operator who is scheduled to

take the full certification exam.

(c) A fully certified shift supervisor.

(d) A provisionally certified shift

supervisor who is scheduled to take the

full certification exam.

§ 60.1685 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 § 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

§ 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’’ (§ 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°C above the maximum

demonstrated temperature of the

particulate matter control device (4-hour

block average), as specified under

‘‘Definitions’’ (§ 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

§ 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.

§ 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

§ 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.

§ 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

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

§ 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 § 60.11(d)

apply.

Model Rule—Continuous Emission

Monitoring

§ 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.

§ 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 § 60.13.

(c) You must monitor the oxygen (or

carbon dioxide) concentration at each

location where you monitor sulfur

dioxide and carbon monoxide.

Additionally, if you operate a Class I

municipal waste combustion unit, you

must also monitor the oxygen (or carbon

dioxide) concentration at the location

where you monitor nitrogen oxides.

(d) You may choose to monitor carbon

dioxide instead of oxygen as a diluent

gas. If you choose to monitor carbon

dioxide, then an oxygen monitor is not

required and you must follow the

requirements in § 60.1745.

(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

§ 60.13(i).

§ 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

§ 60.1780.

§ 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.

§ 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).

§ 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.

§ 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.

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§ 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 § 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

§ 60.1755.

§ 60.1755 How do I convert my 1-hour

arithmetic averages into appropriate

averaging times and units?

(a) Use the equation in § 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.

§ 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 § 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 § 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.

§ 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.

§ 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

§ 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.

§ 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

§ 60.1725.

§ 60.1785 What schedule must I follow for

the stack testing?

(a) Conduct initial stack tests for the

pollutants listed in § 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.

§ 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 § 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 § 60.1720.

(d) Use the equations in § 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

§ 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.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76393

§ 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.

§ 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

§§ 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

§ 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.

§ 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

§ 60.17(h)(2)).

(4) Design, construct, install, calibrate,

and use nozzles or orifices for flow rate

measurements, using the

recommendations in ‘‘American Society

of Mechanical Engineers Interim

Supplement 19.5 on Instruments and

Apparatus: Application, Part II of Fluid

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

(incorporated by reference in

§ 60.17(h)(3)).

(5) Before each dioxins/furans stack

test, or at least once a year, calibrate all

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.

§ 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.

§ 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

76394 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

and calculate the 8-hour block average

carbon feed rate in kilograms (or

pounds) per hour, based on the selected

operating parameter. When calculating

the 8-hour block average, do two things:

(1) Exclude hours when the municipal

waste combustion unit is not operating.

(2) Include hours when the municipal

waste combustion unit is operating but

the carbon feed system is not working

correctly.

§ 60.1825 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 § 60.1885(e).

Model Rule—Recordkeeping

§ 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.

§ 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.

§ 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 plantspecific operating manuals. Include

three items:

(1) Names of persons who have

reviewed the operating manual.

(2) Date of the initial review.

(3) Dates of subsequent annual

reviews.

(e) Records of when a certified

operator is temporarily offsite. Include

two main items:

(1) If the certified chief facility

operator and certified shift supervisor

are offsite for more than 12 hours, but

for 2 weeks or less, and no other

certified operator is onsite, record the

dates that the certified chief facility

operator and certified shift supervisor

were offsite.

(2) When 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.

§ 60.1845 What records must I keep for

stack tests?

For stack tests required under

§ 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.

§ 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.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 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 §§ 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 § 60.1745.

(h) Records of calendar dates. Include

the calendar date on each record.

§ 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 § 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

§ 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

§ 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 §§ 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 §§ 60.1875, 60.1885, and 60.1900

onsite for 5 years.

§ 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.

§ 60.1870 When must I submit the initial

report?

As specified in § 60.7(c), submit your

initial report by 180 days after your final

compliance date.

§ 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 § 60.1850(b).

(1) The 24-hour daily geometric

average concentration of sulfur dioxide

emissions or the 24-hour daily

76396 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

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

§ 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 § 60.1745.

§ 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.

§ 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

§ 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 (§ 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 § 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

(§ 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 (§ 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 § 60.1745.

(l) Documentation of periods when all

certified chief facility operators and

certified shift supervisors are offsite for

more than 12 hours.

§ 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

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76397

level that does not meet the

requirements specified in this subpart.

§ 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.

§ 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 § 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 § 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.

§ 60.1905 Can reporting dates be

changed?

(a) If the Administrator agrees, you

may change the semiannual or annual

reporting dates.

(b) See § 60.19(c) for procedures to

seek approval to change your reporting

date.

Model Rule—Air Curtain Incinerators

That Burn 100 Percent Yard Waste

§ 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.

§ 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 § 60.1940.

(b) Clean wood that is exempt from

the definition of ‘‘municipal solid

waste’’ in § 60.1940.

§ 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.

§ 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 § 60.8.

(c) After the initial test for opacity,

conduct annual tests no more than 13

calendar months following the date of

your previous test.

§ 60.1930 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 § 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 § 60.19(c)).

(h) Keep a copy of all reports onsite

for a period of 5 years.

76398 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

Equations

§ 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:

C C CO 7% 2 = ∗ unc ( ) 13 9 1 20 9 . / . (Eq. 1) ∗ − ( ) ( )

Where:

C7% = concentration corrected to 7

percent oxygen.

Cunc = uncorrected pollutant

concentration.

CO2 = concentration of oxygen

(percent).

(b) Percent reduction in potential

mercury emissions. Calculate the

percent reduction in potential mercury

emissions (%PHg) using equation 2 of

this section:

% / P EE E Hg i o i = − ( ) ∗ ( ) 100 (Eq. 2)

Where:

%PHg = percent reduction of potential

mercury emissions

Ei = mercury emission concentration as

measured at the air pollution

control device inlet, corrected to 7

percent oxygen, dry basis

Eo = mercury emission concentration as

measured at the air pollution

control device outlet, corrected to 7

percent oxygen, dry basis

(c) Percent reduction in potential

hydrogen chloride emissions. Calculate

the percent reduction in potential

hydrogen chloride emissions (%PHC1)

using equation 3 of this section:

% / ( .) P E E E Eq HCl i o i = − ( ) ∗ ( ) 100 3

Where:

%PHC1 = percent reduction of the

potential hydrogen chloride emissions

Ei = hydrogen chloride emission

concentration as measured at the air

pollution control device inlet,

corrected to 7 percent oxygen, dry

basis

Eo = hydrogen chloride emission

concentration as measured at the air

pollution control device outlet,

corrected to 7 percent oxygen, dry

basis

(d) Capacity of a municipal waste

combustion unit. For a municipal waste

combustion unit that can operate

continuously for 24-hour periods,

calculate the municipal waste

combustion unit capacity based on 24

hours of operation at the maximum

charge rate. To determine the maximum

charge rate, use one of two methods:

(1) For municipal waste combustion

units with a design based on heat input

capacity, calculate the maximum

charging rate based on the maximum

heat input capacity and one of two

heating values:

(i) If your municipal waste

combustion unit combusts refusederived fuel, use a heating value of

12,800 kilojoules per kilogram (5,500

British thermal units per pound).

(ii) If your municipal waste

combustion unit combusts municipal

solid waste, use a heating value of

10,500 kilojoules per kilogram (4,500

British thermal units per pound).

(2) For municipal waste combustion

units with a design not based on heat

input capacity, use the maximum

designed charging rate.

(e) Capacity of a batch municipal

waste combustion unit. Calculate the

capacity of a batch municipal waste

combustion unit as the maximum

design amount of municipal solid waste

they can charge per batch multiplied by

the maximum number of batches they

can process in 24 hours. Calculate the

maximum number of batches by

dividing 24 by the number of hours

needed to process one batch. Retain

fractional batches in the calculation. For

example, if one batch requires 16 hours,

the municipal waste combustion unit

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

hours.

(f) Quarterly carbon usage. If you use

activated carbon to comply with the

dioxins/furans or mercury limits,

calculate the required quarterly usage of

carbon using equation 4 of this section

for plant basis or equation 5 of this

section for unit basis:

(1) Plant basis.

C fh i i

i

n

= ∗

=

∑ (Eq. 4)

1

Where:

C = required quarterly carbon usage for

the plant in kilograms (or pounds).

fi = required carbon feed rate for the

municipal waste combustion unit in

kilograms (or pounds) per hour.

That is the average carbon feed rate

during the most recent mercury or

dioxins/furans stack tests

(whichever has a higher feed rate).

hi = number of hours the municipal

waste combustion unit was in

operation during the calendar

quarter (hours).

n = number of municipal waste

combustion units, i, located at your

plant.

(2) Unit basis.

Cfh = ∗ (Eq. 5)

Where:

C = required quarterly carbon usage for

the unit in kilograms (or pounds).

f = required carbon feed rate for the

municipal waste combustion unit in

kilograms (or pounds) per hour.

That is the average carbon feed rate

during the most recent mercury or

dioxins/furans stack tests

(whichever has a higher feed rate).

h = number of hours the municipal

waste combustion unit was in

operation during the calendar

quarter (hours).

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76399

Definitions

§ 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 fielderected municipal waste combustion

unit that combusts municipal solid

waste in a cylindrical rotary waterwall

furnace.

Mass burn waterwall municipal waste

combustion unit means a field-erected

municipal waste combustion unit that

combusts municipal solid waste in a

waterwall furnace.

Maximum demonstrated load of a

municipal waste combustion unit means

the highest 4-hour block arithmetic

average municipal waste combustion

unit load achieved during 4 consecutive

hours in the course of the most recent

dioxins/furans stack test that

demonstrates compliance with the

applicable emission limit for dioxins/

furans specified in this subpart.

Maximum demonstrated temperature

of the particulate matter control device

means the highest 4-hour block

arithmetic average flue gas temperature

measured at the inlet of the particulate

matter control device during 4

consecutive hours in the course of the

most recent stack test for dioxins/furans

emissions that demonstrates compliance

with the limits specified in this subpart.

Medical/infectious waste means any

waste meeting the definition of

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

76400 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

Mixed fuel-fired (pulverized coal/

refuse-derived fuel) combustion unit

means a combustion unit that combusts

coal and refuse-derived fuel

simultaneously, in which pulverized

coal is introduced into an air stream that

carries the coal to the combustion

chamber of the unit where it is

combusted in suspension. That includes

both conventional pulverized coal and

micropulverized coal.

Modification or modified municipal

waste combustion unit means a

municipal waste combustion unit you

have changed after June 6, 2001 and that

meets one of two criteria:

(1) The cumulative cost of the changes

over the life of the unit exceeds 50

percent of the original cost of building

and installing the unit (not including

the cost of land) updated to current

costs.

(2) Any physical change in the

municipal waste combustion unit or

change in the method of operating it

that increases the emission level of any

air pollutant for which new source

performance standards have been

established under section 129 or section

111 of the CAA. Increases in the

emission level of any air pollutant are

determined when the municipal waste

combustion unit operates at 100 percent

of its physical load capability and are

measured downstream of all air

pollution control devices. Load

restrictions based on permits or other

nonphysical operational restrictions

cannot be considered in the

determination.

Modular excess-air municipal waste

combustion unit means a municipal

waste combustion unit that combusts

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

chambers, all of which are designed to

operate at conditions with combustion

air amounts in excess of theoretical air

requirements.

Modular starved-air municipal waste

combustion unit means a municipal

waste combustion unit that combusts

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

chambers in which the primary

combustion chamber is designed to

operate at substoichiometric conditions.

Municipal solid waste or municipaltype solid waste means household,

commercial/retail, or institutional

waste. Household waste includes

material discarded by residential

dwellings, hotels, motels, and other

similar permanent or temporary

housing. Commercial/retail waste

includes material discarded by stores,

offices, restaurants, warehouses,

nonmanufacturing activities at

industrial facilities, and other similar

establishments or facilities. Institutional

waste includes materials discarded by

schools, by hospitals (nonmedical), by

nonmanufacturing activities at prisons

and government facilities, and other

similar establishments or facilities.

Household, commercial/retail, and

institutional waste does include yard

waste and refuse-derived fuel.

Household, commercial/retail, and

institutional waste does not include

used oil; sewage sludge; wood pallets;

construction, renovation, and

demolition wastes (which include

railroad ties and telephone poles); clean

wood; industrial process or

manufacturing wastes; medical waste; or

motor vehicles (including motor vehicle

parts or vehicle fluff).

Municipal waste combustion plant

means one or more municipal waste

combustion units at the same location as

specified under Applicability of State

Plans (§ 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

(§ 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 (§ 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 § 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.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 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 quasigovernmental authority (for example, a

public utility district or regional

authority for waste disposal).

Second calendar half means the

period that starts on July 1 and ends on

December 31 in any year.

Shift supervisor means the person

who is in direct charge and control of

operating a municipal waste combustion

unit and who is responsible for onsite

supervision, technical direction,

management, and overall performance

of the municipal waste combustion unit

during an assigned shift.

Spreader stoker, mixed fuel-fired

(coal/refuse-derived fuel) combustion

unit means a municipal waste

combustion unit that combusts coal and

refuse-derived fuel simultaneously, in

which coal is introduced to the

combustion zone by a mechanism that

throws the fuel onto a grate from above.

Combustion takes place both in

suspension and on the grate.

Standard conditions when referring to

units of measure mean a temperature of

20 °C and a pressure of 101.3

kilopascals.

Startup period means the period

when a municipal waste combustion

unit begins the continuous combustion

of municipal solid waste. It does not

include any warmup period during

which the municipal waste combustion

unit combusts fossil fuel or other solid

waste fuel but receives no municipal

solid waste.

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 refusederived fuel in a semisuspension

combusting mode, using air-fed

distributors.

Total mass dioxins/furans or total

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

determined using EPA Reference

Method 23 in appendix A of this part

and the procedures specified in

§ 60.1790.

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, pigmentstained, or pressure-treated by

compounds such as chromate copper

arsenate, pentachlorophenol, and

creosote.

Waterwall furnace means a municipal

waste combustion unit that has energy

(heat) recovery in the furnace (for

example, radiant heat transfer section)

of the combustion unit.

Yard waste means grass, grass

clippings, bushes, shrubs, and clippings

from bushes and shrubs. They come

from residential, commercial/retail,

institutional, or industrial sources as

part of maintaining yards or other

private or public lands. Yard waste does

not include two items:

(1) Construction, renovation, and

demolition wastes that are exempt from

the definition of ‘‘municipal solid

waste’’ in this section.

(2) Clean wood that is exempt from

the definition of ‘‘municipal solid

waste’’ in this section.

Tables

TABLE 1 OF SUBPART BBBB—MODEL RULE—COMPLIANCE SCHEDULES AND INCREMENTS OF PROGRESS

Affected units Increment 1 (Submit

final control plan)

Increment 2 (Award

contracts)

Increment 3 (Begin

onsite construction)

Increment 4 (Complete onsite construction)

Increment 5 (Final

compliance)

1. All Class I units a b (Dates to be specified

in State plan).

(Dates to be specified

in State plan).

(Dates to be specified

in State plan).

(Dates to be specified

in State plan).

(Dates to be specified

in State plan) c d.

2. All Class II units a e (Dates to be specified

in State plan).

Not applicable ........... Not applicable ........... Not applicable ........... (Dates to be specified

in State plan) c.

aPlant specific schedules can be used at the discretion of the State.

76402 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

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

an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See § 60.1940 for definitions. cThe date can be no later than 3 years after the effective date of State plan approval or December 6, 2005.

dFor 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. e 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 § 60.1940 for definitions.

TABLE 2 OF SUBPART BBBB—MODEL RULE—CLASS I EMISSION LIMITS FOR EXISTING SMALL MUNICIPAL WASTE

COMBUSTION UNITS a

For the following pollutants You must meet the following emission limits b Using the following averaging

times

And determine

compliance by

the following

methods

1. Organics:

Dioxins/Furans (total

mass basis).

30 nanograms per dry standard cubic meter for municipal

waste combustion units that do not employ an electrostatic precipitator-based emission control system -or-.

3-run average (minimum run

duration is 4 hours).

Stack test.

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 standard cubic meter ..................... 3-run average (run duration

specified in test method).

Stack test.

Lead ................................. 0.490 milligrams per dry standard cubic meter ..................... 3-run average (run duration

specified in test method).

Stack test.

Mercury ............................ 0.080 milligrams per dry standard cubic meter ..................... 3-run average (run duration

specified in test method).

Stack test.

85 percent reduction of potential mercury emissions.

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

Particulate Matter ............. 27 milligrams per dry standard cubic meter .......................... 3-run average (run duration

specified in test method).

Stack test.

3. Acid Gases:

Hydrogen Chloride ........... 31 parts per million by dry volume 95 percent reduction of

potential hydrogen chloride emissions.

3-run average (minimum run

duration is 1 hour).

Stack test.

Sulfur Dioxide ................... 31 parts per million by dry volume 75 percent reduction of

potential sulfur dioxide emissions.

24-hour daily block geometric

average concentration percent reduction.

Continuous

emission monitoring system.

4. Other:

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

test.

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 § 60.1940 for definitions. bAll 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 UNITSa,b,c

Municipal waste combustion technology Limits for class I municipal 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 § 60.1940 for definitions. b Nitrogen oxides limits are measured at 7 percent oxygen.

cAll limits are 24-hour daily block arithmetic average concentration. Compliance is determined for Class I units by continuous emission monitoring systems.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76403

TABLE 4 OF SUBPART BBBB—MODEL RULE—CLASS II EMISSION LIMITS FOR EXISTING SMALL MUNICIPAL WASTE

COMBUSTION UNITa

For the following pollutants

You must meet the following emission following

determine limitsb

Using the following averaging timesAnd determine compliance

by the following methods

1. Organics:

Dioxins/Furans (total mass basis) ............................ 125 nanorgrams per dry

standard cubic meter.

3-run average (minimum

run duration is 4 hours).

Stack test.

2. Metals:

Cadmium .................................................................. 0.10 milligrams per dry

standard cubic meter.

3-run average (run duration specified in test

method).

Stack test.

Lead .......................................................................... 1.6 milligrams per dry

standard cubic meter.

3-run average (run duration specified in test

method).

Stack test.

Mercury ..................................................................... 0.080 milligrams per dry

standard cubic meter.

3-run average (run duration specified in test

method).

Stack test.

85 percent reduction of potential mercury emissions.

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

Particulate Matter ..................................................... 70 milligrams per dry

standard cubic meter.

3-run average (run duration specified in test

method).

Stack test.

3. Acid Gases:

Hydrogen Chloride ................................................... 250 parts per million by

volume -or-.

3-run average (minimum

run duration is 1 hour).

Stack test.

50 percent reduction of potential hydrogen chloride

emissions.

Sulfur Dioxide .................................................................. 77 parts per million by dry

volume -or-.

50 percent reduction of potential sulfur dioxides

emissions.

24-hour daily block geometric average concentration -or- percent

reduction.

Continuous emission monitoring system.

4. Other:

Fugitive Ash .............................................................. Visible emissions for no

more than 5 percent of

hourly observation period.

Three 1-hour observation

periods.

Visible emission test.

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 § 60.1940 for definitions. bAll 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

For the following municipal waste combustion units You must meet the following carbon monoxide limits a Using the following averaging times b

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

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

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

4. Mass burn rotary waterwall .......................................... 250 parts per million by dry volume ............................... 24-hour.

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

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

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

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

fuel).

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

9. Stoker, refuse-derived fuel ........................................... 200 parts per million by dry volume ............................... 24-hour daily.

aAll emission limits (except for opacity) are measured at 7 percent oxygen. Compliance is determined by continuous emission monitoring systems. bBlock averages, arithmetic mean. See § 60.1940 for definitions.

c 24-hour block average, geometric mean.

76404 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

TABLE 6 OF SUBPART BBBB—MODEL RULE—REQUIREMENTS FOR VALIDATING CONTINUOUS EMISSION MONITORING

SYSTEMS (CEMS)

For the following continuous emission monitoring systems

Use the following methods in appendix A of

this part to validate poollutant concentratin

levels

Use the following methods in appendix A of

this part to measure oxygen (or carbon dioxide)

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

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

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

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

an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See § 60.1940 for definitions.

TABLE 7 OF SUBPART BBBB—‘‘MODEL RULE—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS

(CEMS)

For the following pollutants Use the following span values for CEMS

Use the following performance specifications in appendix B of this part for

your CEMS

If needed to meet minimum data requirements,

use the folloiwng alternate

methods in appendix A of

this part to collect data

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

2. Nitrogen Oxides (Class I

units only).

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

the municipal waste combustion unit.

P.S. 2 ................................. Method 7E.

3. Sulfur Dioxide .................. Inlet to control device: 125 percent of the maximum

expected hourly potential sulfur dioxide emissions of

the municipal waste combustion unit.

P.S. 2 ................................. Method 6C.

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 expected hourly potential

carbon monoxide emissions of the municipal waste

combustion unit.

P.S. 4A .............................. Method 10 with alternative

interference trap.

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

TABLE 8 OF SUBPART BBBB—MODEL RULE—REQUIREMENTS FOR STACK TESTS

To measure the following

pollutants

Use the following methods

in appendix A of this part

to determine the sampling

location

Use the following methods

in appendix A of this part

to measure pollutant concentration

Also note the following additional information

1. Organics

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

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

2. Metals

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

load.

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

load.

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

load.

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

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 ±14 °C. The minimum

sampling time is 1 hour.

3. Acid Gases b

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

load.

4. Other b

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76405

TABLE 8 OF SUBPART BBBB—MODEL RULE—REQUIREMENTS FOR STACK TESTS—Continued

To measure the following

pollutants

Use the following methods

in appendix A of this part

to determine the sampling

location

Use the following methods

in appendix A of this part

to measure pollutant concentration

Also note the following additional information

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

municipal waste combustion unit to the area where

the fugitive ash is stored or loaded into containers

or trucks.

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

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

[FR Doc. 00–30002 Filed 12–5–00; 8:45 am]

BILLING CODE 6560–50–P