75338 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–6905–1]

RIN 2060–AF91

Standards of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources:

Commercial and Industrial Solid Waste

Incineration Units

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final standards and guidelines.

SUMMARY: We are promulgating

standards and guidelines for new and

existing commercial and industrial solid

waste incineration (CISWI) units. These

standards and guidelines fulfill the

requirements of sections 111 and 129 of

the Clean Air Act (CAA), which require

us to promulgate standards and

guidelines for CISWI units. The final

standards and guidelines will protect

public health by reducing exposure to

air pollution, including several

hazardous air pollutants (HAP) that can

cause toxic effects such as eye, nose,

throat, and skin irritation; reproductive

effects; and cancer. These standards and

guidelines apply only to CISWI units

burning nonhazardous wastes.

EFFECTIVE DATE: January 30, 2001.

ADDRESSES: Docket. Docket No. A–94–

63 contains the supporting information

used in developing the final standards

and guidelines and is available for

public inspection and copying between

8 a.m. and 5:30 p.m., Monday through

Friday, at the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460,

telephone (202) 260–7548, fax (202)

260–4000. The docket is available at the

above address in Room M–1500,

Waterside Mall (ground floor, central

mall). A reasonable fee may be charged

for copying.

FOR FURTHER INFORMATION CONTACT: Fred

Porter, Combustion Group, Emission

Standards Division (MD–13), U.S. EPA,

Research Triangle Park, North Carolina

27711, (919) 541–5251, e-mail:

porter.fred@epa.gov.

SUPPLEMENTARY INFORMATION:

Background Information. A list of

combustion related rules is available on

the Combustion Group website on the

EPA Technology Transfer Network

website (TTN Web) at http://

www.epa.gov/ttn/uatw/combust/

list.html. You may obtain Federal

Register notices, supporting

information, and docket indices for

these combustion related rules.

Regulated Entities. These standards

and guidelines affect the following

North American Industrial

Classification System (NAICS) and

Standard Industrial Classification (SIC)

codes:

Category NAICS Code SIC Code Examples of potentially regulated entities

Any industry using a solid waste incinerator as

defined in the regulations.

325 ......................... 28 ........................... Manufacturers of chemicals and allied products.

325 ......................... 34 ........................... Manufacturers of electronic equipment.

421 ......................... 36 ........................... Manufacturers of wholesale trade, durable goods.

321, 337 ................. 24, 25 ..................... Manufacturers of lumber and wood furniture.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

examples of the types of entities that

could be affected by this action. Other

types of entities not listed in this table

could also be affected. To determine

whether your facility, company,

business organization, etc., is regulated

by this action, you should carefully

examine the applicability criteria in 40

CFR 60.2010 of subpart CCCC and 40

CFR 60.2505 of subpart DDDD.

Judicial Review. We proposed this

rule for CISWI units in the Federal

Register on November 30, 1999 (64 FR

67092). This action adopting a rule for

CISWI units constitutes final

administrative action on that proposal.

Under section 307(b)(1) of the CAA,

judicial review of this final rule is

available only by filing a petition for

review in the U.S. Court of Appeals for

the District of Columbia Circuit by

January 30, 2001. Under section

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

objection to this rule that was raised

with reasonable specificity during the

period for public comment can be raised

during judicial review. Moreover, under

section 307(b)(2) of the CAA, the

requirements established by today’s

final action may not be challenged

separately in any civil or criminal

proceeding brought by the EPA to

enforce these requirements.

Organization of this Document. The

following outline is provided to aid in

locating information in this preamble.

With the exception of section V, which

covers various administrative

requirements, each section heading of

the preamble is presented as a question,

and the text in the section answers the

question.

I. Background Information

A. What information is covered in this

preamble?

B. Where in the Code of Federal

Regulations will these standards and

guidelines be codified?

C. What is the regulatory development

background for these standards and

guidelines?

D. What is the statutory authority for these

standards and guidelines?

E. What are new source performance

standards?

F. What are emission guidelines?

G. How are the emission guidelines

implemented?

II. Summary of the NSPS and EG

A. Do the standards and guidelines apply

to me?

B. What emission limitations must I meet?

C. What operating limits must I meet?

D. What are the other requirements?

E. What are the requirements for air curtain

incinerators?

III. Significant Issues and Changes

A. Are very small municipal waste

combustion units covered?

B. Are cyclonic barrel burners covered?

C. Has the definition of a CISWI unit or

solid waste changed?

D. Which elements of the definition of

solid waste have been retained and clarified?

E. Were significant issues raised regarding

EPA’s approach to setting the proposed

standards and guidelines, and has EPA made

any changes?

IV. Impacts of the Final NSPS and EG

A. What are the air impacts for new units?

B. What are the air impacts for existing

units?

V. Administrative Requirements

A. Executive Order 12866: Regulatory

Planning and Review

B. Executive Order 13132: Federalism

C. Executive Order 13084: Consultation

and Coordination with Indian Tribal

Governments

D. Executive Order 13045: Protection of

Children from Environmental Health Risks

and Safety Risks

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility Act (RFA), as

amended by the Small Business Regulatory

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75339

Enforcement Fairness Act of 1996 (SBREFA),

5 U.S.C. 601 et seq.

G. Paperwork Reduction Act

H. National Technology Transfer and

Advancement Act

I. Congressional Review Act

Abbreviations and Acronyms Used in

This Document

BDT Best demonstrated technology

Btu British thermal units

CAA Clean Air Act

CFR Code of Federal Regulations

CISWI Commercial and industrial solid

waste incineration

EG Emission guidelines

EPA Environmental Protection Agency

FACA Federal Advisory Committee Act

FR Federal Register

HMIWI Hospital/medical/infectious

waste incineration

HWI Hazardous waste incinerator

ICCR Industrial Combustion Coordinated

Rulemaking

ICR Information Collection Request

kg/hr Kilograms per hour

lbs/hr Pounds per hour

MACT Maximum achievable control

technology

mg/dscm Milligrams per dry standard

cubic meter

Mg/yr Megagrams per year

MWC Municipal waste combustion

NAICS North American Industrial

Classification System

ng/dscm Nanograms per dry standard

cubic meter

NSPS New source performance standards

NTTAA National Technology Transfer

and Advancement Act

OMB Office of Management and Budget

ppm Parts per million

RFA Regulatory Flexibility Act

SBA Small Business Administration

SBREFA Small Business Regulatory

Enforcement Fairness Act

SIC Standard Industrial Classification

SWDA Solid Waste Disposal Act

TEQ Toxic equivalency

TTN Web Technology Transfer Network

Website

UMRA Unfunded Mandates Reform Act

U.S.C. United States Code

I. Background Information

A. What Information is Covered in This

Preamble?

We summarize the important features

of the standards and guidelines that

apply to CISWI units in this preamble.

The preamble also outlines the

significant issues and changes in

response to public comments, the

environmental impacts of these

standards and guidelines, and the

administrative requirements relative to

this action.

B. Where in the Code of Federal

Regulations Will These Standards and

Guidelines be Codified?

The Code of Federal Regulations

(CFR) is a codification of the general

and permanent rules published in the

Federal Register by the Executive

departments and agencies of the Federal

Government. The code is divided into

50 titles that represent broad areas

subject to Federal regulation. The final

standards and guidelines for CISWI

units will be published in Title 40,

Protection of the Environment. Part 60

of title 40 includes standards of

performance for new stationary sources

and emission guidelines and

compliance times for existing sources.

The table below lists the subparts in

which the standards and guidelines will

be codified.

Title of the regulation Subpart in title 40,

part 60

Standards of Performance for New Stationary Sources: Commercial and Industrial Solid Waste Incineration Units .............. Subpart CCCC.

Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units ........................... Subpart DDDD.

C. What is the Regulatory Development

Background for These Standards and

Guidelines?

Section 129 of the CAA requires us to

develop new source performance

standards (NSPS) and emission

guidelines (EG) for ‘‘solid waste

incineration units combusting

commercial or industrial waste.’’ We

refer to these units as ‘‘commercial and

industrial solid waste incineration’’

(CISWI) units. On December 28, 1994

(59 FR 66850), the EPA published an

advance notice of proposed rulemaking

in the Federal Register. That notice

requested information and data

concerning the operation, location,

emissions, and emission controls for

CISWI units.

In September 1996, we chartered the

Industrial Combustion Coordinated

Rulemaking (ICCR) advisory committee

under the Federal Advisory Committee

Act (FACA). The committee’s objective

was to develop recommendations for

regulations for several combustion

source categories under sections 112

and 129 of the CAA. The ICCR advisory

committee, known as the Coordinating

Committee, formed Source Work Groups

for the various combustor types covered

under the ICCR. One work group, the

Incinerator Work Group, was formed to

research issues related to CISWI units.

The Incinerator Work Group submitted

recommendations, information, and

data analysis results to the Coordinating

Committee, which in turn considered

them and submitted recommendations

and information to us. We have

reviewed and considered the

Committee’s recommendations in

developing these regulations for CISWI

units. The Committee’s 2-year charter

expired in September 1998.

Pursuant to a February 1995 consent

decree (as modified in July 1997), the

Administrator was required to sign a

notice of proposed rulemaking for

CISWI units by November 15, 1999 for

publication in the Federal Register. The

consent decree also requires the

Administrator to sign a notice of final

rulemaking for CISWI units by

November 15, 2000 for publication in

the Federal Register.

The proposed rule satisfies the first

requirement in the consent decree, and

this final rule satisfies the second

requirement.

D. What is the Statutory Authority for

These Standards and Guidelines?

Section 129 of the CAA requires us to

develop and adopt NSPS and EG for

CISWI units pursuant to section 111 of

the CAA. Section 111(b) requires us to

establish NSPS for new sources, and

section 111(d) requires us to establish

EG for existing sources. Under section

129, the NSPS and EG adopted for

CISWI units must reflect maximum

achievable control technology (MACT).

This term ‘‘MACT’’ is defined in section

129 of the CAA as the maximum degree

of reduction in emissions of air

pollutants that the Administrator

determines is achievable, taking into

consideration the cost of achieving the

reductions and any nonair quality

health and environmental impacts and

energy requirements.

E. What are New Source Performance

Standards?

The NSPS apply to new stationary

sources, that is, sources whose

construction begins after the NSPS is

proposed or sources that are

reconstructed or modified on or after a

specified date. The following are the key

elements in an NSPS.

1. Source category means the industry

or type of process that is regulated. The

source category in today’s final

standards is CISWI units.

2. Affected facility means the

equipment subject to the NSPS. The

75340 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

affected facility in today’s final

standards is each individual CISWI unit.

3. Pollutants means the particular air

pollutants emitted by the affected

facility that the standards regulate.

Section 129 requires us to regulate nine

pollutants: cadmium, carbon monoxide,

dioxins/furans, fine and total particulate

matter, hydrogen chloride, lead,

mercury, oxides of nitrogen, and sulfur

dioxide. Under section 129, opacity

standards may also be required as

appropriate.

4. Maximum achievable control

technology means the technology on

which the emission standards will be

based. Section 129(a)(2) specifies that

standards be based on ‘‘the maximum

degree of reduction in emissions . . . that

the Administrator, taking into

consideration the cost of achieving such

emission reduction, and any nonair

quality health and environmental

impacts and energy requirements,

determines is achievable * * *. ’’ (Note

that the basis of these solid waste

incineration standards is different from

that of the typical NSPS under section

111. The basis of the typical NSPS is

‘‘best demonstrated technology.’’ These

solid waste incineration NSPS are based

on MACT and, in this sense, therefore,

are similar to national emission

standards for hazardous air pollutants

(NESHAP) for new sources under

section 112.)

5. Format means the form in which

the standards are expressed; for

example, as pollutant concentration

emission limitations, as a percent

reduction in emissions, or as equipment

or work practice requirements.

6. Standards generally means

emission limitations based on the level

of reduction that the MACT can achieve.

Under certain circumstances, it may not

be possible to develop emission

limitations if the level of performance

cannot be identified. Only in unusual

cases do standards require that a

specific technology be used. In general,

the source owner or operator may select

any method for complying with the

emission limitations.

7. Other considerations. In addition to

emission limitations, NSPS usually

include monitoring requirements,

performance test methods and

compliance procedures, and reporting

and recordkeeping requirements.

Section 129 also directs EPA to establish

siting requirements for new incineration

units and operator certification and

training requirements for all units.

F. What Are Emission Guidelines?

The EG are similar to the NSPS,

except that they apply to existing

sources, that is, sources whose

construction begins on or before the

date the NSPS is proposed, or sources

that are reconstructed or modified

before a specified date. Unlike NSPS,

the EG are not enforceable until EPA

approves a State plan or adopts a

Federal plan for implementing and

enforcing them, and the State or Federal

plan becomes effective. (Note that the

basis of these solid waste incineration

guidelines is different from that of the

typical EG under section 111. The basis

of the typical EG is ‘‘best demonstrated

technology.’’ These solid waste

incineration EG are based on MACT

and, in this sense, therefore, are similar

to national emission standards for

hazardous air pollutants (NESHAP) for

existing sources under section 112.)

G. How Are the Emission Guidelines

Implemented?

When EG are promulgated under

sections 111(d) and 129(b), the CAA

requires States to adopt and submit to

EPA for approval a State plan

implementing the EG within 1 year after

the promulgation of the EG (section

129(b)(2)). Section 129 requires that the

State plan must be at least as protective

as the EG and must provide for

compliance by affected facilities no later

than 3 years after the Administrator

approves the State plan, but no later

than 5 years after EPA promulgates the

EG. Sections 111(d) and 129(b) also

require EPA to develop, implement, and

enforce a Federal plan if a State fails to

submit a satisfactory State plan.

II. Summary of the NSPS and EG

This preamble discusses the major

requirements of the NSPS and EG as

they apply to you, the owner or operator

of a new or existing CISWI unit.

A. Do the Standards and Guidelines

Apply to Me?

The standards and guidelines apply to

you if you own or operate a combustion

device that combusts commercial and

industrial waste (as defined in § 60.2265

of the NSPS and § 60.2875 of the EG).

Commercial and industrial waste is

solid waste combusted in an enclosed

device using controlled flame

combustion without energy recovery

that is a distinct operating unit of any

commercial or industrial facility

(including field-erected, modular, and

custom built incineration units

operating with starved or excess air), or

solid waste combusted in an air curtain

incinerator without energy recovery that

is a distinct operating unit of any

commercial or industrial facility.

Fifteen types of combustion units,

which are listed in § 60.2020 of the

NSPS and § 60.2555 of the EG, are

exempt from these standards and

guidelines.

If you began the construction of your

CISWI unit on or before November 30,

1999, it is considered an existing CISWI

unit and is subject to the EG. If you

began the construction of your CISWI

unit after November 30, 1999, it is

considered a new CISWI unit and is

subject to the NSPS.

If you began reconstruction or

modification of your CISWI unit prior to

June 1, 2001, it is considered an existing

CISWI unit and is subject to the EG.

Likewise, if you began reconstruction or

modification of your CISWI unit on or

after June 1, 2001, it is considered a new

CISWI unit and is subject to the NSPS.

B. What Emission Limitations Must I

Meet?

As the owner or operator of a new or

existing CISWI unit, you are required to

meet the emission limitations specified

in Table 1 of this preamble. You must

conduct a performance test to show

compliance within 60 days after a new

CISWI unit reaches the charge rate at

which it will operate, but no later than

180 days after the unit’s initial startup.

As the owner or operator of an

existing CISWI unit, you are required to

meet the emission limitations specified

in Table 1 within 3 years after the

Administrator approves the State plan

or promulgates a Federal plan. Each

existing CISWI unit must be in

compliance within 5 years of

promulgation of the EG.

TABLE 1.—EMISSION LIMITATIONS FOR NEW AND EXISTING CISWI UNITS

For these pollutants You must meet these emission limitations a And determine compliance using

these methods b

Cadmium ...................................................................... 0.004 mg/dscm ........................................................... EPA Method 29.

Carbon Monoxide ......................................................... 157 ppm by dry volume .............................................. EPA Methods 10, 10A, or 10B.

Dioxins/Furans (TEQ basis) ......................................... 0.41 ng/dscm .............................................................. EPA Method 23.

Hydrogen Chloride ........................................................ 62 ppm by dry volume ................................................ EPA Method 26A.

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75341

TABLE 1.—EMISSION LIMITATIONS FOR NEW AND EXISTING CISWI UNITS—Continued

For these pollutants You must meet these emission limitations a And determine compliance using

these methods b

Lead .............................................................................. 0.04 mg/dscm ............................................................. EPA Method 29.

Mercury ......................................................................... 0.47 mg/dscm ............................................................. EPA Method 29.

Opacity .......................................................................... 10 percent ................................................................... EPA Method 9.

Oxides of Nitrogen ........................................................ 388 ppm by dry volume .............................................. EPA Methods 7, 7A, 7C, 7D, or

7E.

Particulate Matter ......................................................... 70 mg/dscm ................................................................ EPA Method 5 or 29.

Sulfur Dioxide ............................................................... 20 ppm by dry volume ................................................ EPA Method 6 or 6c.

aAll emission limitations (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

bThese methods are in 40 CFR part 60, appendix A.

C. What Operating Limits Must I Meet?

If you are using a wet scrubber to comply with the emission limitations, you must establish the maximum and

minimum site-specific operating limits indicated in Table 2 of this preamble. You must then operate the CISWI unit

and wet scrubber so that the operating parameters do not deviate from the established operating limits.

TABLE 2.—OPERATING LIMITS FOR NEW AND EXISTING CISWI UNITS USING WET SCRUBBERS

For these operating parameters You must establish these operating limits

And monitor continuously using

these recording

times

Charge rate ............................................................................. Maximum charge rate ........................................................... Every hour.

Pressure drop across the wet scrubber, or amperage to the

wet scrubber.

Minimum pressure drop or amperage ................................... Every 15 minutes.

Scrubber liquor flow rate ......................................................... Minimum flow rate ................................................................. Do.

Scrubber liquor pH .................................................................. Minimum pH .......................................................................... Do.

Note: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators, which is determined on a daily

basis.

If you are using an air pollution

control device other than a wet scrubber

to comply with the emission limitations,

you must petition the Administrator for

other site-specific operating limits to be

established during the initial

performance test and continuously

monitored thereafter. The required

components of the petition are

described in § 60.2115 of the NSPS and

§ 60.2680 of the EG.

If you are using a fabric filter to

comply with the emission limitations,

in addition to other operating limits as

approved by the Administrator, you

must operate the fabric filter system

such that the bag leak detection system

alarm does not sound more than 5

percent of the operating time during a

6-month period.

D. What are the other requirements?

As the owner or operator of a new or

existing CISWI unit, you are required to

meet the following additional

requirements.

Siting Analysis (new units only):

• Submit a report that evaluates sitespecific air pollution control

alternatives that minimize potential

risks to public health or the

environment, considering costs, energy

impacts, nonair environmental impacts,

or any other factors related to the

practicability of the alternatives.

Waste Management Plan:

• Submit a written plan that

identifies both the feasibility and the

methods used to reduce or separate

certain components of solid waste from

the waste stream to reduce or eliminate

toxic emissions from incinerated waste.

Operator Training and Qualification

Requirements:

• Qualify operators or their

supervisors (at least one per facility) by

ensuring that they complete an operator

training course and annual review or

refresher course.

Testing Requirements:

• Conduct initial performance tests

for cadmium, carbon monoxide,

dioxins/furans, hydrogen chloride, lead,

mercury, nitrogen oxides, opacity,

particulate matter, and sulfur dioxide

and establish operating limits (i.e.,

maximum or minimum values for

operating parameters).

• Conduct annual performance tests

for particulate matter and hydrogen

chloride emissions and opacity. (An

owner or operator may conduct less

frequent testing if the facility

demonstrates that it is in compliance

with the emission limitations for 3

consecutive years.)

Monitoring Requirements:

• If using a wet scrubber to comply

with the emission limitations,

continuously monitor the following

operating parameters: charge rate,

pressure drop across the wet scrubber

(or amperage), and scrubber liquid flow

rate and pH.

• If something other than a wet

scrubber is used to comply with the

emission limitations, monitor other

operating parameters, as approved by

the Administrator.

• If using a fabric filter to comply

with the emission limitations, in

addition to monitoring other operating

parameters as approved by the

Administrator, you must install and

operate a bag leak detection system with

an alarm.

Recordkeeping and Reporting

Requirements:

• Maintain for 5 years records of the

initial performance tests and all

subsequent performance tests, operating

parameters, any maintenance, the siting

analysis (for new units only), and

operator training and qualification.

• Submit the results of the initial

performance tests and all subsequent

performance tests and values for the

operating parameters.

75342 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

E. What Are the Requirements for Air

Curtain Incinerators?

The NSPS and EG establish opacity

limitations for air curtain CISWI units

burning:

• 100 percent wood wastes,

• 100 percent clean lumber, or

• 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

The opacity limitation is 10 percent,

except 35 percent opacity is allowed

during startup periods that are within

the first 30 minutes of operation.

III. Significant Issues and Changes

A total of 95 comments letters were

received during the public comment

period for the proposed CISWI rule,

which ended on January 31, 2000.

Among the comments received, the

most significant issues addressed

applicability, the definition of solid

waste, and the MACT floor approach

and emission limitations. The issues are

addressed below, and other issues

raised in the comments are addressed in

a comment and response document

contained in the docket.

A. Are very small municipal waste

combustion units covered?

Commenters questioned whether very

small municipal waste combustion

(MWC) units (i.e., units that combust

less than 35 tons (31.8 megragrams

(Mg)) of municipal solid waste per day)

are covered by the proposed NSPS and

EG. We did not intend to cover very

small MWC units, and the final NSPS

and EG have been clarified to ensure

they are not covered.

The intent of the NSPS and EG for

CISWI units is to cover incinerators

burning commercial and industrial solid

waste, not combustors burning

municipal solid waste.

B. Are cyclonic barrel burners covered?

Several commenters questioned

whether cyclonic barrel burners are

covered by the proposed NSPS and EG.

We did not intend to cover cyclonic

barrel burners, and the final NSPS and

EG have been clarified to ensure they

are not covered.

A cyclonic barrel burner is a portable

device for burning materials that can be

attached to a 55 gallon, open-head

drum. The device consists of a lid that

fits onto the drum and is connected to

a blower that feeds combustion air to

the drum in a cyclonic or swirling

manner to enhance the combustion of

the material. We were not aware of the

small combustion devices when

developing the proposed regulations,

and, as a result, had no information on

the devices. Information on cyclonic

barrel burners is currently being

gathered, and the devices will be

evaluated separately from the CISWI

category.

C. Has the Definition of a CISWI Unit or

Solid Waste Changed?

Section 129(g)(1) and (6) create a

specialized definition of ‘‘solid waste

incineration unit’’ that depends in part

on the definition of ‘‘solid waste’’

contained in section 1004(27) of the

Resource Conservation and Recovery

Act (RCRA). The overall intent of the

CAA provisions is that section 129 rules

are to apply to devices conventionally

regarded as incinerators, that is, devices

burning wastes in order to destroy the

wastes. For purposes of promulgating

regulations applicable to commercial

and industrial solid waste incinerators,

it is particularly important to

distinguish between units that will be

regulated as boilers as well as other

devices whose primary purpose is

energy recovery (such as process

heaters), and devices that will be

regulated as incinerators under section

129 of the CAA. The distinction is

necessary to avoid dual regulation of the

many combustion units in use at

commercial and industrial facilities that

function as energy recovery devices and

may be subject to regulation under other

sections of the CAA.

Our proposed definitions of solid

waste and CISWI unit reflected this

broad principle of distinguishing boilers

and other energy recovery devices from

incinerators. However, as explained

below, our proposed definitions proved

inadequate to distinguish boilers from

incinerators within the category of

sources. Therefore, in the final NSPS

and EG, we have modified our

definitions of solid waste and CISWI

unit.

For purposes of this rule, we are

adopting a revised definition of solid

waste that reflects the definition in the

Solid Waste Disposal Act (SWDA) and

which is reiterated in the regulation

promulgated by the Administrator

pursuant to the SWDA. We emphasize

that the definition is adopted solely for

purposes of section 129 in order to

implement the principles of that

section. We note that the RCRA

regulatory definition of solid waste,

which effectively determines the scope

of the regulatory program for hazardous

wastes (since hazardous wastes are a

subset of solid wastes (see RCRA section

1004(5)), defines secondary materials

burned for energy recovery as solid

wastes (40 CFR 261.2(c)(2)). The

classification implements both an

explicit directive in RCRA to regulate

wastes burned for energy recovery

(RCRA sections 3004(q), (r) and (s)), as

well as the RCRA statutory definition of

solid waste. See also Horsehead

Resource Development Corp. v.

Browner, 16 F. 3d 1246 (D.C. Cir. 1994)

(upholding the rules implementing

RCRA section 3004(q)). We reemphasize

that the final CISWI NSPS and EG in no

way affect those existing (and longstanding) RCRA provisions or reflect

any type of Agency decision about the

permissible scope of the RCRA statutory

definition of solid waste. Our purpose

here is only to adapt that definition to

reflect the regulatory purpose of CAA

section 129.

Many commenters stated that the

definitions of solid waste and CISWI

unit in the proposed NSPS and EG were

too broad, and, therefore, would

inappropriately cover some boilers,

process heaters, and possibly other units

that recover energy from the burning of

fuels. The commenters stated their

belief that commercial and industrial

combustion units that recover energy

were intended to be regulated under

section 112 of the CAA, and that only

incinerators that burn wastes for

destruction alone were intended to be

regulated as CISWI units.

The comments pointed to two

primary reasons why the proposed

NSPS and EG for CISWI units would

inadvertently cover some units that

recover energy, such as boilers and

process heaters. First, many legitimate

energy recovery units are physically

separated from their associated energy

recovery systems. The units would not

meet the requirement that heat recovery

must be part of a unit’s ‘‘integral’’

design for it not to be considered a

CISWI unit. Second, the universe of

materials burned for energy recovery is

much broader than those defined as

‘‘fuels.’’ For example, several of today’s

combustion technologies and some new

emerging technologies can burn

materials for energy recovery having

heat values less than the proposed 5,000

British thermal units per pound (Btu/lb)

threshold for considering a material a

fuel.

As a result, the commenters suggested

that the NSPS and EG for CISWI units

be changed so that units that recover

energy not be considered incinerators.

Without such a change, units could be

regulated both as CISWI units under

section 129 and as boilers, for example,

under section 112. Such a potential

overlap in regulations could create

confusion as well as inconsistent and

conflicting regulatory requirements,

according to some commenters.

We agree that units physically

separated from their associated energy

recovery systems may be legitimate

energy recovery devices. Therefore, we

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75343

have deleted from the final NSPS and

EG the requirement for energy recovery

to be part of the unit’s ‘‘integral’’ design

for it not to be considered a CISWI unit.

Additionally, we have added a

definition of energy recovery.

Furthermore, we agree that several of

today’s combustion technologies,

including some emerging technologies,

may be capable of burning materials

with a heat value of less than 5,000 Btu/

lb to recover energy. Therefore, we have

deleted the requirement from the

definition of solid waste in the final

NSPS and EG.

As we indicated in the preamble to

the November 1999 proposal, the main

purpose of the proposed definition of

nonhazardous solid waste was to

identify which materials when burned

by CISWI units would be subject to

regulations developed under section

129, and which materials when burned

would be subject to regulations to be

developed under section 112.

Consideration of the above comments

led us to conclude that the proposed

definitions of ‘‘CISWI unit’’ and ‘‘solid

waste’’ created the potential for overlap

with rules we are developing under

section 112, such as the boiler MACT.

The primary difference between

incinerators and boilers is that

incinerators burn materials for the

purpose of disposal, whereas boilers

burn materials for the purpose of

recovering energy. Thus, we believe the

concept of energy recovery is the key to

distinguishing between CISWI units

(which will be regulated under section

129) and boilers (which will be

regulated under section 112).

Specifically, commercial and industrial

units burning materials without energy

recovery are disposing of the materials,

that is, they are treating such materials

as commercial or industrial waste, and

they should be regulated as CISWI units

under section 129. In contrast,

commercial and industrial units burning

materials with energy recovery, that is,

treating such materials as fuel, should

be regulated under section 112.

In order to address the concerns

raised by commenters, and to provide a

clear distinction between CISWI units

and combustion devices that will be

covered by regulations promulgated

under section 112 of the CAA, we have

included in the final NSPS and EG a

definition of ‘‘commercial and

industrial waste.’’ We define

commercial and industrial waste as any

solid waste combusted in an enclosed

device using controlled flame

combustion without energy recovery

that is a distinct operating unit of any

commercial or industrial facility

(including field-erected, modular, and

custom built incineration units

operating with starved or excess air), or

solid waste combusted in an air curtain

incinerator without energy recovery that

is a distinct operating unit of any

commercial or industrial facility.

With the changes, we believe the final

NSPS and EG will avoid the possibility

of double coverage under section 129

and section 112.

D. Which Elements of the Definition of

Solid Waste Have Been Retained and

Clarified?

For additional clarity, the exemptions

from the CISWI rules for units burning

municipal solid waste, hospital/

medical/infectious waste, and

hazardous wastes under the RCRA have

been retained and are now included in

the applicability sections (§ 60.2020 of

the NSPS; § 60.2555 of the EG). The

solid waste definition refers to the

exemptions from the CISWI NSPS and

EG. In addition, the exemption for units

that burn materials for the purpose of

recovering their chemical constituents is

now included in the applicability

sections of the CISWI NSPS and EG. The

exemption has also been expanded by

increasing the list of units that burn

materials for the purpose of recovering

their chemical constituents. Owners or

operators who believe their unit is not

a CISWI unit may petition the

Administrator to add their unit to the

list.

Finally, one commenter stated that

the definition of solid waste in 40 CFR

part 261 applies to nonhazardous solid

waste. Therefore, the commenter

believes that EPA must use that

definition and is not free to redefine

solid waste for the purpose of section

129.

Section 129 does not define

nonhazardous solid waste, but directs

EPA to use the meaning of solid waste

established by the Administrator

pursuant to the SWDA. To develop and

implement the hazardous waste

regulatory program authorized by the

SWDA, the Administrator adopted a

definition of hazardous waste pursuant

to the SWDA. It is true that 40 CFR part

261 defines solid waste; however, 40

CFR 261.1(b)(1) states explicitly that the

definition is only for the purpose of

materials that are hazardous wastes.

The Administrator has included in

the final NSPS and EG the definition of

solid waste from the SWDA and is

establishing the definition jointly under

the authority of the CAA and the

SWDA. The purpose of the definition is

solely to identify nonhazardous solid

waste for the purpose of the CISWI

regulations.

E. Were Significant Issues Raised

Regarding EPA’s Approach to Setting

the Proposed Standards and Guidelines,

and Has EPA Made Any Changes?

The significant comments received on

EPA’s approach to setting the standards

and guidelines, and the changes that

have been made in response to these

comments, are discussed below.

1. What Is EPA’s General Approach to

Setting the MACT Floors?

One commenter stated that EPA’s

technology-based approach to

determining the MACT floors is

unlawful and that the resulting MACT

floors do not reasonably reflect the

actual performance of the best

performing 12 percent of existing units

or the expected performance of the best

controlled similar unit. Moreover, the

commenter stated that the ‘‘worst

emission test result for any unit using a

particular technology does not

reasonably reflect the actual

performance of the best performing

unit.’’ As a result, the commenter

concluded that the MACT emission

limitations are not as stringent as the

CAA requires. Generally, we disagree

with the commenter for the following

reasons.

Section 129(a)(2) of the CAA specifies

that the emission limitations for existing

units shall not be less stringent than the

average emission limitation achieved by

the best performing 12 percent of units

in the category, and for new units shall

not be less stringent than the emission

control that is achieved in practice by

the best controlled similar unit. The

emission limitation associated with the

above criteria for a pollutant is referred

to as the ‘‘MACT floor’’ for that

pollutant. With respect to new units,

EPA interprets ‘‘achieved in practice’’ to

mean achieved under the worst

foreseeable circumstances, consistent

with National Lime Ass’n v. EPA, 627 F.

2d 416, 431 n.46 (DC Cir. 1980).

Moreover, EPA views the phrase ‘‘best

controlled similar source’’ as

encompassing all units using the same

control technology as the unit with the

best observed performance, rather than

just that unit itself. Consequently, the

MACT floor for new units is based on

the highest data point from a unit using

the ‘‘best’’ technology, since such a

value is a reasonable estimate of the

performance of the ‘‘best controlled

similar unit’’ under the worst

foreseeable circumstances. The

approach is reasonable because the most

informative way to predict the worst

reasonably foreseeable performance of

the best controlled unit, with the

available data, is to examine the

75344 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

performance of other units that use the

same control technology. In other

words, EPA considers all units with the

same control technology to be equally

well controlled, and each unit with the

best control technology is a ‘‘best

controlled similar unit’’ even if the

emissions test results from such units

vary considerably.

As discussed at proposal, to

determine the MACT floors for the

pollutants listed in section 129 of the

CAA, we examined our CISWI unit

database to identify the various

emission control technologies

(including the absence of emission

control technology) that were in use on

CISWI units. We then ranked the

technologies on a pollutant-by-pollutant

basis in terms of their emission control

performance capabilities. For example,

wet scrubbers (and fabric filters in the

case of particulate emissions) were

ranked higher than other technologies

because they are capable of greater

emissions reductions.

Using the ranking of emission control

technologies, we were able to identify

for each pollutant the best performing

CISWI units. Because comprehensive

emission test data are not available for

each of the best performing CISWI units,

we were unable to identify the specific

emission control performance achieved

by each unit. As a result, we considered

the best performing CISWI units which

used the same emission control

technology as equally well controlled.

We then examined the best

performing 12 percent of CISWI units,

as well as the best performing CISWI

unit, to identify the emission control

technology which represents the MACT

floor for each pollutant for existing and

new CISWI units. For existing units, this

was accomplished by identifying the

emission control technology used by the

median of the best performing 12

percent of units (i.e., the CISWI unit

representing the 94th percentile).

(Because technologies cannot be

‘‘averaged’’ in the same way that

numbers are averaged, the average

performance of the emission control

technology used by the best performing

12 percent of units is best represented

by the technology in the middle of the

range of the best performing 12 percent

of units, i.e., the median.) Similarly, for

new units, this was accomplished by

identifying the emission control

technology used by the best performing

CISWI unit for each pollutant.

Using this approach, the emission

control technology identified as

representing the MACT floor for each

pollutant was determined to be the same

for both new and existing CISWI units.

As discussed at proposal, the use of a

wet scrubbing system, or other

equivalent emission control technology

(such as use of a fabric filter system for

particulate matter control), is the

emission control technology which

represents the MACT floor for both

existing and new CISWI units. The

MACT floor can be identified, therefore,

by determining the emission limitations

which are achieved by wet scrubbing

systems on CISWI units.

As a result, having identified the

emission control technology which

represents the MACT floor, it was then

necessary to determine the emission

limitations ‘‘achieved’’ by this emission

control technology for each pollutant.

This determination is not, as this one

commenter appears to suggest, simply a

matter of looking at the test results from

a single CISWI unit or generating a

numerical average of the test data from

all CISWI units employing the MACT

technology. Such an approach fails to

consider the inherent and unavoidable

variability associated with the

incinerators in the CISWI category.

Consequently, such an approach does

not accurately identify the actual

emissions performance of existing units

that use the MACT technology, or the

level of performance which is

achievable by a CISWI unit operating

with this emission control technology

under the worst reasonably foreseeable

circumstances.

Examining emission data from a

number of CISWI units using the same

emission control technology gives us the

best picture of the actual performance

and the performance capability of this

technology. It enables us to take into

consideration the inherent variability

associated with the incinerators in the

CISWI category, and it allows us to

identify the emission limitations

achieved in practice under the worst

reasonably foreseeable circumstances.

There are between 4 and 14 emission

tests available for CISWI units

controlled by wet scrubbing systems for

each pollutant (with the exception of

dioxins/furans, mercury, and hydrogen

chloride, where fewer tests are

available). As expected, there is

considerable variation among the

emission values from the emission tests

for each pollutant as a result of the

unavoidable process and operational

variability within CISWI units (e.g.,

variations in waste combusted,

incinerator design and operation, etc.).

Because this variability occurs among

all CISWI units and because there is no

clear explanation for this variability, it

is reasonable to expect that there will

always be a variation in emissions

among CISWI units controlled by wet

scrubbing systems.

Another way to view this emission

variability among CISWI units is to

consider each emission test as a

‘‘snapshot’’ of actual performance taken

at one moment in time. Taken together,

the snapshots provide a picture of the

unavoidable variation in emissions

expected to occur and recur over time

at every similarly controlled CISWI unit.

Absent additional information, there is

no reason to believe that any observed

emission value (i.e., the emission level

measured during a test) from a CISWI

unit controlled with wet scrubbing

could be prevented from occurring at

any other CISWI unit also controlled by

wet scrubbing.

As a result, the most reasonable

methodology for determining the

performance of wet scrubbing systems

on CISWI units (i.e., the MACT floor) is

to examine the emission values for all

similarly controlled CISWI units

(excluding any emission values from

tests that did not represent a proper

functioning CISWI unit or wet scrubbing

system). Thus, for a given pollutant, the

most reasonable estimate of the MACT

floor emission limitation ‘‘achieved’’ by

the best performing 12 percent of CISWI

units (or the best performing CISWI

unit) is represented by the highest

emission value observed from a CISWI

unit using wet scrubbing.

We adopted this approach to ensure

that the MACT floor emission

limitations represent, as accurately as

possible, what the best performing 12

percent of existing units is actually

achieving, and what the best performing

CISWI unit can be reasonably expected

to achieve. Despite the commenters

objections, we continue to believe that

this is the most appropriate

methodology for evaluating the

performance of units in the CISWI

category, given the inherent and

unavoidable variability in emissions

among these units and the limited

emissions data available. Therefore, we

continue using this approach to

determine the MACT floors.

2. Will EPA Allow Compliance on a

Percent Reduction Basis?

Several commenters recommended

that we include percent reduction

requirements for some pollutants, as

alternatives to the emission limitations,

to accommodate the variability in

emissions among CISWI units.

As outlined above, we believe the

emission limitations in the final

standards and guidelines reasonably

incorporate the variability associated

with CISWI units using wet scrubbing

systems (which is the basis for MACT as

well as the MACT floor). Thus, we do

not believe that alternative percentage

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75345

reduction requirements are necessary or

would serve to provide emission

limitation alternatives more

representative of the actual performance

of CISWI units. For these reasons, EPA

is not including percent reduction

requirements in the final rule.

3. How did EPA Establish Emission

Limitations for Dioxins/Furans,

Mercury, and Hydrogen Chloride?

Some commenters stated that the

emission test data upon which several

of the MACT emission limitations were

based at proposal were extremely

limited and, as a result, the limitations

are not necessarily achievable in

practice because they may not be

representative of actual CISWI unit

performance. Several of the commenters

suggested that we consider the use of

emission data from rulemakings which

establish standards for sources that

utilize similar emission control

equipment under conditions

comparable to units in the CISWI

category.

As discussed above, a number of

emission tests from CISWI units were

available to determine the MACT

emission limitations for most pollutants.

However, for three pollutants, dioxins/

furans, mercury, and hydrogen chloride,

there were only one or two emission

tests from CISWI units. As we noted at

proposal, such limited data may not

provide a sufficient basis to establish

MACT emission limitations for the

pollutants in this category (particularly

given the degree of variability among

CISWI units). Consequently, we decided

not to rely only on the emission tests to

determine the MACT emission

limitations for the three pollutants.

While the provisions of section 129

identify a general minimum stringency

for MACT emission limitations, there is

nothing about how MACT emission

limitations are to be calculated, that is,

the provisions do not identify a specific

procedure or type of information that

EPA must use. Thus, we generally have

wide latitude in determining the extent

of data gathering necessary to establish

emission limitations. We believe it is

appropriate to use any data available

(such as emission test results, operating

permit limitations, engineering

calculations, control equipment

specifications, or other reliable

information) that provide information

useful for generating a reasonable

estimate of the performance of units

within a category.

Accordingly, where the emission data

from units within a category are

incomplete, we may augment our

analysis with supplementary

information to determine MACT

emission limitations. Provided that the

augmented emission data we use to

generate the MACT emission limitations

provide a good proxy for the best

performing units in the category, it is

irrelevant that the actual test data

available from units in the category are

incomplete. Similarly, if our analysis

provides a reasonable representation of

the actual performance of units in the

category, we may consider relevant

supplemental information from any

available source. Courts have ruled that

EPA need not invest resources to

conduct the perfect study, provided that

our approach bears a rational

relationship to the reality it purports to

represent (See Sierra Club v. EPA, 167

F. 3d 658, 663 (D.C. Cir. 1999)).

Thus, because emission data for

dioxins/furans, mercury, and hydrogen

chloride emissions from CISWI units

controlled by wet scrubbing systems are

extremely limited, we have augmented

the data with emission data from

similarly controlled units outside of the

CISWI category. This approach allows

us to better characterize the actual

dioxins/furans, mercury, and hydrogen

chloride emission limitations achieved

by units in the CISWI category by

providing additional information

regarding the performance of wet

scrubbers under conditions similar to

those experienced by CISWI units.

Hazardous waste incinerator (HWI)

units without waste heat recovery that

are controlled with wet scrubbing

systems serve as a valuable source of

supplementary data for emissions of

dioxins/furans. (Units in the CISWI

category that were used to establish the

emission limitations did not incorporate

waste heat recovery, and it is not the

intent of this rulemaking to cover such

units.) These types of HWI units are

generally similar to CISWI units that are

controlled by wet scrubbing systems.

Thus, it is reasonable to conclude that

the emissions performance of HWI units

without waste heat boilers and

controlled with wet scrubbing systems

is comparable to that of CISWI units

controlled with wet scrubbing systems.

As a result, we combined dioxins/

furans emission data from HWI units

without waste heat recovery boilers and

controlled with wet scrubbing systems

with the dioxins/furans emission data

for CISWI units controlled with wet

scrubbing systems. We then determined

the MACT emission limitation for

dioxins/furans as discussed above. The

resulting emission limitation included

in the final NSPS and EG is 0.41

nanograms per dry standard cubic meter

(ng/dscm) toxic eqivalency (TEQ)

(Standards of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources:

Commercial and Industrial Solid Waste

Incineration Units; Notice of Data

Availability, August 28, 2000, 65 FR

52058).

Unfortunately, with respect to the

other two pollutants for which CISWI

test data are extremely limited (mercury

and hydrogen chloride), it is

inappropriate to use emission data from

HWI units to supplement the CISWI

unit data. The mercury and hydrogen

chloride emission data available from

HWI units are based on the use of a

different emission control technology

than wet scrubbing systems, and this

prevents us from combining mercury

and hydrogen chloride emission data

from HWI units with that from CISWI

units. Since appropriate HWI data were

not available, we identified another

source of data to augment mercury and

hydrogen chloride emission data from

CISWI units controlled by wet scrubbing

systems.

Hospital, medical, and infectious

waste incinerator (HMIWI) units

controlled with wet scrubbing systems

serve as a valuable source of

supplementary data for mercury and

hydrogen chloride. Those HMIWI units

are also generally similar to CISWI units

that are controlled by wet scrubbing

systems. Thus, it is reasonable to

conclude that the mercury and

hydrogen chloride emission

performance achieved by HMIWI units

controlled with wet scrubbing systems

is comparable to that of CISWI units

controlled with wet scrubbing systems.

As a result, we combined mercury

and hydrogen chloride emission data

from HMIWI units controlled with wet

scrubbing systems with the mercury and

hydrogen chloride emission data from

CISWI units controlled with wet

scrubbing systems. We then determined

the emission limitations for mercury

and hydrogen chloride as discussed

above. The resulting emission

limitations included in the final NSPS

and EG are 0.47 mg/dscm for mercury

and 62 parts per million by volume, dry

basis (ppmdv) for hydrogen chloride

(Standards of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources:

Commercial and Industrial Solid Waste

Incineration Units; Notice of Data

Availability, August 28, 2000, 65 FR

52058).

This process for augmenting the

CISWI data with appropriate HWI or

HMIWI data results in dioxins/furans,

mercury, and hydrogen chloride

emission limitations which more

accurately represent the levels of such

emissions actually achieved by CISWI

units employing the MACT technology

75346 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

(wet scrubbing systems). This approach

to developing the emission limitations

provides a reasonable proxy for the

actual performance of the best

performing CISWI units and is the most

appropriate method, under the

circumstances, for EPA to identify the

emission limitations that are achieved

by such units.

(Note: While we believe that emission data

for dioxins/furans, mercury, and hydrogen

chloride from the HWI and HMIWI categories

are useful for augmenting the CISWI data

where insufficient CISWI emission data are

available, we do not believe that HWI,

HMIWI, and CISWI units should generally be

characterized as similar units for the purpose

of determining MACT emission limitations

for all CISWI pollutants.)

4. How did EPA Establish Emission

Limitations for Lead and Cadmium?

In reviewing the CISWI database to

address comments following proposal,

we found that, despite our earlier efforts

to rigorously screen the database, the

unit responsible for the highest recorded

emissions of lead and cadmium (which

drove the MACT emission limitations

for the pollutants) was not a CISWI unit.

As a result, this unit was removed from

the CISWI database, resulting in a

change in the lead and cadmium MACT

emission limitations. Following the

methodology outlined above, the final

MACT emission limitations included in

the final NSPS and EG are 0.04 mg/

dscm for lead and 0.004 mg/dscm for

cadmium.

IV. Impacts of the Final NSPS and EG

The air impacts of the NSPS and EG

were reestimated as a result of revising

the emission limitations for new and

existing CISWI units. Because the

estimates of water, solid waste, energy,

cost, and economic impacts depend

solely on the technology upon which

the MACT limits are based, and because

the technology remains the same as

proposed, there were no changes in

other impacts.

A. What Are the Air Impacts for New

Units?

To illustrate the potential emissions

reductions achieved by the NSPS with

respect to new CISWI units, we modeled

hypothetical CISWI units with

capacities of 100 and 1,500 pounds per

hour (lb/hr) (45 and 680 kilograms per

hour (kg/hr)) and estimated the impacts

associated with application of wet

scrubbers. The resulting impact

estimates (i.e., the difference in

emissions between a CISWI unit with a

wet scrubber and an uncontrolled

CISWI unit) are presented in Table 3 of

this preamble.

TABLE 3.—EMISSIONS REDUCTIONS ON A MODEL UNIT BASIS

Pollutant

Emissions Reduction, tons/yr (Mg/yr)

100 lb/hr 1500 lb/hr

(45 kg/hr) Capacity (680 kg/hr) Capacity

Cadmium .................................................................................................. 1.5×10 ¥5 (1.4×10 ¥5) 3.1×10 ¥4 (2.8×10 ¥4)

Dioxins/furans (TEQ) ............................................................................... 2.0×10 ¥9 (1.8×10 ¥9) 4.2×10 ¥8 (3.9×10 ¥8)

Hydrogen chloride .................................................................................... 1.5 (1.4) 32.3 (29.3)

Lead ......................................................................................................... 1.9×10 ¥4 (1.7×10 ¥4) 4.0×10 ¥3 (3.6×10 ¥3)

Mercury .................................................................................................... 6.5×10 ¥4 (5.9×10 ¥4) 0.01 (0.01)

Particulate matter ..................................................................................... 0.50 (0.45) 10.8 (9.8)

Sulfur dioxide ........................................................................................... 0.38 (0.35) 7.9 (7.2)

B. What are the air impacts for existing

units?

Table 4 of this preamble summarizes the national air emission impacts of the EG. The impacts are expressed in

two ways. First, the impacts are expressed as annual nationwide mass emissions reductions; and second, as percent

reductions compared to current estimated national emissions for existing CISWI units.

TABLE 4.—EMISSIONS REDUCTIONS FOR EXISTING CISWI UNITS

Pollutant

National Emissions Reduction

Percent 1

Tons/yr (Mg/yr)

Cadmium ........................................................................................................................................ 0.01 (0.01) 56

Dioxins/furans (TEQ) ..................................................................................................................... 1.8×10 ¥6 (1.6×10 ¥6) 65

Hydrogen chloride .......................................................................................................................... 1315 (1193) 89

Lead ............................................................................................................................................... 0.15 (0.14) 62

Mercury .......................................................................................................................................... 0.56 (0.51) 34

Particulate matter ........................................................................................................................... 409 (371) 71

Sulfur dioxide ................................................................................................................................. 324 (294) 72

1Percent reduction from current (baseline) emissions.

V. Administrative Requirements

A. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), we must

determine whether a regulatory action is

‘‘significant’’ and, therefore, subject to

Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. The Executive

Order defines ‘‘significant regulatory

action’’ as one that is likely to result in

a rule that may: (1) Have an annual effect on the

economy of $100 million or more, or

adversely affects in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75347

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, OMB has notified us that

it considers this a ‘‘significant

regulatory action’’ within the meaning

of the Executive Order. As a result, we

submitted this action to OMB for

review. Changes made in response to

OMB suggestions or recommendations

are documented in the public record.

Section 129 of the CAA requires EPA

to adopt NSPS and EG for CISWI units.

These NSPS and EG must be based on

MACT, which is defined as the

maximum degree of reduction in

emissions of air pollutants, taking into

consideration the cost of achieving the

reductions and any nonair quality

health and environmental impacts and

energy requirements, that the

Administrator determines is achievable.

The MACT for the NSPS must be no less

stringent than the emission reduction

achieved by the best controlled source,

and MACT for the EG must be no less

stringent that the emission reduction

achieved by the average of the best

controlled 12 percent of sources. These

minimum requirements are referred to

as the floor, and more stringent

requirements are referred to as beyondthe-floor.

To determine MACT, we examined

two alternatives. The first reflected the

floor (i.e., wet scrubbing); the second

reflected a beyond-the-floor option (i.e.,

wet scrubbing followed by carbon

injection and a fabric filter). Taking into

consideration the cost of achieving the

emission reductions and any nonair

quality health and environmental

impacts and energy requirements, the

Administrator determined that the first

alternative is MACT.

The total national annualized cost

impact of this regulatory action is

estimated as $11.6 million per year,

assuming those CISWI units currently

operating without wet scrubbers would

install wet scrubbers in order to comply

with the emission limits in the NSPS

and EG. As a result, emissions

(consisting primarily of hydrogen

chloride, particulate matter, and sulfur

dioxide) would be reduced by 2048 tons

per year.

B. Executive Order 13132: Federalism

Executive Order 13132, entitled

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

1999), requires us to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ are defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under section 6 of Executive Order

13132, we may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or we consult with

State and local officials early in the

process of developing the regulation.

We also may not issue a regulation that

has federalism implications and that

preempts State law unless we consult

with State and local officials early in the

process of developing the proposed

regulation.

If we comply by consulting, Executive

Order 13132 requires us to provide to

the OMB, in a separately identified

section of the preamble to the rule, a

federalism summary impact statement.

The federalism summary impact

statement must include a description of

the extent of our prior consultation with

State and local officials, a summary of

the nature of their concerns and our

position supporting the need to issue

the regulation, and a statement of the

extent to which the concerns of State

and local officials have been met. Also,

when we transmit a draft final rule with

federalism implications to OMB for

review pursuant to Executive Order

12866, we must include a certification

from the agency’s federalism official

stating that we have met the

requirements of Executive Order 13132

in a meaningful and timely manner.

This rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This rule

establishes national performance

standards and other requirements for

certain solid waste incineration units.

We are required by section 129 of the

CAA, 42 U.S.C. 7429, to establish the

standards and guidelines embodied in

this rule. This regulation primarily

affects private industry and does not

impose significant economic costs on

State or local governments. The

standards established by this rule apply

to new facilities that operate

commercial or industrial incineration

units (and the owners or operators of

such facilities) and require States to

submit State plans that include

standards applicable to existing

incineration units that are at least as

protective as the standards specified in

the rule. If a State does not submit an

approvable plan, any covered

incineration units in that State will

become subject to a Federal plan to

implement this rule. The regulation

does not include an express provision

preempting State or local regulations.

However, once a State or Federal plan

is in effect, covered facilities would be

subject to the standards established by

this rule, regardless of any less

protective State or local regulations that

contain emission limitations for the

pollutants addressed by this rule. To the

extent that this might preempt State or

local regulations, it does not

significantly affect the relationship

between the national government and

the States, or the distribution of power

and responsibilities among the various

levels of government. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule; and we have complied with the

requirements of section 4(e), to the

extent that they may be applicable to the

regulations, by providing notice to

potentially affected State and local

officials through publication of this rule.

Although section 6 of Executive Order

13132 does not apply to this rule, we

consulted with representatives of State

and local governments to enable them to

provide meaningful and timely input

into the development of this rule. This

consultation took place during the ICCR

FACA committee meetings, where

members representing State and local

governments participated in developing

recommendations for our combustionrelated rulemakings, including this rule.

Additionally, we sponsored the Small

Communities Outreach Project, which

involved meetings with elected officials

and other government representative to

provide them with information about

this rule and to solicit their comments.

The concerns raised by representatives

of State and local governments were

considered during the development of

this rule.

C. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, we

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

75348 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

costs incurred by the tribal

governments, or we consult with those

governments. If we comply by

consulting, Executive Order 13084

requires us to provide to OMB, in a

separately identified section of the

preamble to the rule, a description of

the extent of our prior consultation with

representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires us to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.

Today’s final rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. We know of no CISWI

units owned by Indian tribal

governments. However, if there are any,

the effect of these rules on communities

of tribal governments would not be

unique or disproportionate to the effect

on other communities. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply.

D. Executive Order 13045: Protection of

Children from Environmental Health

Risks and Safety Risks

Executive Order 13045 (62 FR 19885,

April 23, 1997) applies to any rule that

we determine: (1) Is ‘‘economically

significant’’ as defined under Executive

Order 12866, (2) is based on health or

safety risks, and (3) for which we have

reason to believe may

disproportionately affect children. If the

regulatory action meets these criteria,

we must evaluate the environmental

health or safety effects of the planned

rule on children and explain why the

planned regulation is preferable to other

potentially effective and reasonably

feasible alternatives we considered.

We interpret Executive Order 13045

as applying only to those regulatory

actions that are based on health or safety

risks, such that the analysis required

under section 5–501 of the Executive

Order has the potential to influence the

regulation. This final rule is not subject

to Executive Order 13045 because it is

based on technology performance and

not on health or safety risks.

Additionally, this final rule is not

economically significant as defined by

Executive Order 12866.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

we generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any 1 year.

Before promulgating a rule for which

a written statement is needed, section

205 of the UMRA generally requires us

to identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows us to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation of why that

alternative was not adopted.

Before we establish any regulatory

requirements that may significantly or

uniquely affect small governments,

including tribal governments, we must

develop under section 203 of the UMRA

a small government agency plan. The

plan must provide for notifying

potentially affected small governments,

thereby enabling officials of affected

small governments to have meaningful

and timely input in the development of

the regulatory proposal with significant

Federal intergovernmental mandates,

and informing, educating, and advising

small governments on compliance with

the regulatory requirements.

We have determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any 1 year. Thus,

this rule is not subject to the

requirements of sections 202 and 205 of

the UMRA. Additionally, we have

determined that this rule contains no

regulatory requirements that might

significantly or uniquely affect small

governments.

F. Regulatory Flexibility Act (RFA) as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires Federal

agencies to conduct a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements, unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include businesses, small not-for-profit

enterprises, and small governmental

jurisdictions. For purposes of assessing

the impacts of today’s rule on small

entities, a small entity is defined as: (1)

a small business who has less than 500

employees, (2) a small governmental

jurisdiction that is a government of a

city, county, town, school district, or

special district with a population of less

than 50,000, and (3) a small

organization that is any not-for-profit

enterprise that is independently owned

and operated and is not dominant in its

field. The SBA guidelines define a small

business based on number of employees

or annual revenues, and the size

standards vary from industry to

industry. Generally, businesses covered

by the Standard Industry Codes (SIC)

affected by this final rule are considered

small if they have less than 500

employees or less than $5 million in

annual sales.

The regulation will affect 112 existing

facilities owned by 90 parent

companies. Based on Small Business

Administration guidelines, 26 of the

companies are small businesses. The

lumber and wood products industry

includes the largest number (seven) of

the small businesses, followed by

fabricated metals, veterinary hospitals

(burning less than 90 percent

pathological waste), and wholesale trade

sectors with three companies each. The

remaining small businesses are

distributed across six different

industries. If add-on controls are

employed to meet the standards, a total

of 15 small businesses have cost-to-sales

ratios greater than 1 percent; and of the

15 small businesses, 9 have cost-to-sales

ratios that exceed 3 percent (ranging

from 3.4 to 27.7 percent with a median

of 4 percent). The nine entities with

cost-to-sales ratios greater than three

percent incinerate relatively small

amounts of material. Therefore, it is

reasonable to assume the businesses

will seek an alternative method of

disposal rather than bearing the cost of

installing add-on equipment. Since the

median amount of material incinerated

by the nine companies is only about 50

tons per year, the alternative net cost for

sending waste to a landfill for many of

the facilities is expected to be less than

the control costs, based on an estimated

total alternative disposal cost (i.e.,

transportation and storage costs plus

tipping fee) of about $58 per ton. The

cost of using an off-site landfill for the

median amount of material is estimated

to be about $2,900 per year. Thus, it

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75349

may be economically feasible for some

of these small entities to switch to an

alternative disposal method, such as offsite landfills, and lower their net

compliance costs.

Based on the low number of affected

small entities in each individual market,

the alternative method of waste disposal

available, and the relatively low control

cost, this analysis suggests that the

regulation should not generate a

significant small business impact on a

substantial number of small entities in

the commercial and industrial sectors.

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. EPA has also determined

that this rule wil not have a significant

economic impact on a substantial

number of small entities.

G. Paperwork Reduction Act

The information collection

requirements in this final rule have been

submitted for approval to OMB under

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq. The Information Collection

Request (ICR) documents have been

prepared (ICR No. 1926.02 for subpart

CCCC and 1927.02 for subpart DDDD),

and copies may be obtained from Sandy

Farmer by mail at U.S. Environmental

Protection Agency, Office of

Environmental Information, Collection

Strategies Division (2822), 1200

Pennsylvania Avenue, NW.,

Washington, DC 20460, by e-mail at

farmer.sandy@epa.gov, or by calling

(202) 260–2740. Copies may also be

downloaded from the internet at http:/

/www.epa.gov/icr.

The NSPS and EG contain monitoring,

reporting, and recordkeeping

requirements. The information will be

used to identify new, modified, or

reconstructed incineration units subject

to the NSPS and to ensure that new

incineration units undergo a siting

analysis and that the analysis is

reviewed by the public. Records and

reports are necessary to enable us to

identify waste incineration units that

may not be in compliance with the

requirements. Based on reported

information, we would decide which

units and what records or processes

should be inspected.

These recordkeeping and reporting

requirements are specifically authorized

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

7414). All information submitted to us

for which a claim of confidentiality is

made will be safeguarded according to

our policies in 40 CFR part 2, subpart

B, Confidentiality of Business

Information.

The estimated average annual burden

for the first 3 years after promulgation

of the NSPS for industry and the

implementing agency is outlined below.

Affected entity Total hours Labor costs Capital costs O&M costs Total costs

Industry .......................................................................................... 11,209 $685,269 $13,440 $1,266 $699,975

Implementing agency ..................................................................... 794 $32,608 0 0 $32,608

We expect the NSPS to affect 18

CISWI units over the first 3 years, based

on the assumption that six existing units

will be replaced by six new units each

year. We estimate the total annualized

capital and startup costs for these new

units to be $13,440. Continuous

parameter monitoring equipment would

be required for new units. When a wet

scrubber is used to meet the emission

limitation, monitoring equipment must

be installed to monitor maximum charge

rate, minimum pressure drop across the

wet scrubber (or minimum amperage),

minimum scrubber liquor flow rate, and

minimum scrubber liquor pH. The

estimated total operation, maintenance,

and purchase costs for the monitoring

equipment averaged over the first 3

years are expected to be $1,266. The

implementing agency would not incur

any capital or startup costs.

The estimated average annual burden

for the first 3 years after promulgation

of the emission guidelines for industry

and the implementing agency is

outlined below.

Affected entity Total hours Labor costs Capital costs O&M costs Total costs

Industry .......................................................................................... 9,145 $407,067 $0 $0 $407,067

Implementing agency ..................................................................... 1,817 $48,386 0 0 $48,386

We expect the EG to affect a

maximum of 116 units over the first 3

years. We assume that six existing units

will be replaced by six new units each

year. There are no capital, startup, or

operation and maintenance costs for

existing units during the first 3 years.

The implementing agency would not

incur any capital or startup costs.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, disclose, or

provide information to or for a Federal

agency. This includes the time needed

to review instructions; develop, acquire,

install, and utilize technology and

systems for the purposes of collecting,

validating, and verifying information,

processing and maintaining

information, and disclosing and

providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for our regulations are listed in

40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and

Advancement Act

As noted in the proposed rule, section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law No. 104–113,

section 12(d) (15 U.S.C. 272 note),

directs us to use voluntary consensus

standards in our regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs us to

provide Congress, through OMB,

explanations when we decide not to use

available and applicable voluntary

consensus standards.

Consistent with the NTTAA, we

conducted searches to identify

voluntary consensus standards for use

in process and emissions monitoring.

75350 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

The search for emissions monitoring

procedures identified six voluntary

consensus standards that appeared to

have possible use in lieu of our standard

reference methods. However, after

reviewing available standards, we

determined that these candidate

consensus standards would not be

practical due to the potential lack of

equivalency, documentation, validation

data and other important technical and

policy considerations. These six

candidate consensus standards are

under development and we plan to

follow, review and consider adopting

them at a later date.

I. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. We will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). This rule

will be effective January 30, 2001.

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Carbon monoxide,

Metals, Nitrogen dioxide, Particulate

matter, Sulfur oxides, Waste treatment

and disposal.

Dated: November 15, 2000.

Carol M. Browner,

Administrator.

For the reasons stated in the

preamble, title 40, chapter I, part 60 of

the Code of Federal Regulations is

amended as follows:

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, 7429, and 7601.

2. Part 60 is amended by adding

subpart CCCC to read as follows:

Subpart CCCC—Standards of

Performance for Commercial and

Industrial Solid Waste Incineration

Units for Which Construction Is

Commenced After November 30, 1999

or for Which Modification or

Reconstruction Is Commenced on or

After June 1, 2001.

Sec.

Introduction

60.2000 What does this subpart do?

60.2005 When does this subpart become

effective?

Applicability

60.2010 Does this subpart apply to my

incineration unit?

60.2015 What is a new incineration unit?

60.2020 What combustion units are exempt

from this subpart?

60.2025 What if my chemical recovery unit

is not listed in § 60.2020(n)?

60.2030 Who implements and enforces this

subpart?

60.2035 How are these new source

performance standards structured?

60.2040 Do all eleven components of the

new source performance standards apply

at the same time?

Preconstruction Siting Analysis

60.2045 Who must prepare a siting

analysis?

60.2050 What is a siting analysis?

Waste Management Plan

60.2055 What is a waste management plan?

60.2060 When must I submit my waste

management plan?

60.2065 What should I include in my waste

management plan?

Operator Training and Qualification

60.2070 What are the operator training and

qualification requirements?

60.2075 When must the operator training

course be completed?

60.2080 How do I obtain my operator

qualification?

60.2085 How do I maintain my operator

qualification?

60.2090 How do I renew my lapsed

operator qualification?

60.2095 What site-specific documentation

is required?

60.2100 What if all the qualified operators

are temporarily not accessible?

Emission Limitations and Operating Limits

60.2105 What emission limitations must I

meet and by when?

60.2110 What operating limits must I meet

and by when?

60.2115 What if I do not use a wet scrubber

to comply with the emission limitations?

60.2120 What happens during periods of

startup, shutdown, and malfunction?

Performance Testing

60.2125 How do I conduct the initial and

annual performance test?

60.2130 How are the performance test data

used?

Initial Compliance Requirements

60.2135 How do I demonstrate initial

compliance with the emission

limitations and establish the operating

limits?

60.2140 By what date must I conduct the

initial performance test?

Continuous Compliance Requirements

60.2145 How do I demonstrate continuous

compliance with the emission

limitations and the operating limits?

60.2150 By what date must I conduct the

annual performance test?

60.2155 May I conduct performance testing

less often?

60.2160 May I conduct a repeat

performance test to establish new

operating limits?

Monitoring

60.2165 What monitoring equipment must I

install and what parameters must I

monitor?

60.2170 Is there a minimum amount of

monitoring data I must obtain?

Recordkeeping and Reporting

60.2175 What records must I keep?

60.2180 Where and in what format must I

keep my records?

60.2185 What reports must I submit?

60.2190 What must I submit prior to

commencing construction?

60.2195 What information must I submit

prior to initial startup?

60.2200 What information must I submit

following my initial performance test?

60.2205 When must I submit my annual

report?

60.2210 What information must I include in

my annual report?

60.2215 What else must I report if I have a

deviation from the operating limits or the

emission limitations?

60.2220 What must I include in the

deviation report?

60.2225 What else must I report if I have a

deviation from the requirement to have

a qualified operator accessible?

60.2230 Are there any other notifications or

reports that I must submit?

60.2235 In what form can I submit my

reports?

60.2240 Can reporting dates be changed?

Title V Operating Permits

60.2242 Am I required to apply for and

obtain a title V operating permit for my

unit?

Air Curtain Incinerators

60.2245 What is an air curtain incinerator?

60.2250 What are the emission limitations

for air curtain incinerators?

60.2255 How must I monitor opacity for air

curtain incinerators?

60.2260 What are the recordkeeping and

reporting requirements for air curtain

incinerators?

Definitions

60.2265 What definitions must I know?

Tables to Subpart CCCC

Table 1 to Subpart CCCC—Emission

Limitations

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75351

Table 2 to Subpart CCCC—Operating Limits

for Wet Scrubbers

Table 3 to Subpart CCCC—Toxic Equivalency

Factors

Table 4 to Subpart CCCC—Summary of

Reporting Requirements

Introduction

§ 60.2000 What does this subpart do?

This subpart establishes new source

performance standards for commercial

and industrial solid waste incineration

(CISWI) units.

§ 60.2005 When does this subpart become

effective?

This subpart takes effect on June 1,

2001. Some of the requirements in this

subpart apply to planning the CISWI

unit and must be completed even before

construction is initiated on the CISWI

unit (i.e., the preconstruction

requirements in §§ 60.2045 and

60.2050). Other requirements such as

the emission limitations and operating

limits apply after the CISWI unit begins

operation.

Applicability

§ 60.2010 Does this subpart apply to my

incineration unit?

Yes, if your incineration unit meets

all the requirements specified in

paragraphs (a) through (c) of this

section.

(a) Your incineration unit is a new

incineration unit as defined in

§ 60.2015.

(b) Your incineration unit is a CISWI

unit as defined in § 60.2265.

(c) Your incineration unit is not

exempt under § 60.2020.

§ 60.2015 What is a new incineration unit?

(a) A new incineration unit is an

incineration unit that meets either of the

two criteria specified in paragraph (a)(1)

or (2) of this section.

(1) Commenced construction after

November 30, 1999.

(2) Commenced reconstruction or

modification on or after June 1, 2001.

(b) This subpart does not affect your

incineration unit if you make physical

or operational changes to your

incineration unit primarily to comply

with the emission guidelines in subpart

DDDD of this part (Emission Guidelines

and Compliance Times for Commercial

and Industrial Solid Waste Incineration

Units). Such changes do not qualify as

reconstruction or modification under

this subpart.

§ 60.2020 What combustion units are

exempt from this subpart?

This subpart exempts fifteen types of

units described in paragraphs (a)

through (o) of this section.

(a) Pathological waste incineration

units. Incineration units burning 90

percent or more by weight (on a

calendar quarter basis and excluding the

weight of auxiliary fuel and combustion

air) of pathological waste, low-level

radioactive waste, and/or

chemotherapeutic waste as defined in

§ 60.2265 are not subject to this subpart

if you meet the two requirements

specified in paragraphs (a)(1) and (2) of

this section.

(1) Notify the Administrator that the

unit meets these criteria.

(2) Keep records on a calendar quarter

basis of the weight of pathological

waste, low-level radioactive waste, and/

or chemotherapeutic waste burned, and

the weight of all other fuels and wastes

burned in the unit.

(b) Agricultural waste incineration

units. Incineration units burning 90

percent or more by weight (on a

calendar quarter basis and excluding the

weight of auxiliary fuel and combustion

air) of agricultural wastes as defined in

§ 60.2265 are not subject to this subpart

if you meet the two requirements

specified in paragraphs (b)(1) and (2) of

this section.

(1) Notify the Administrator that the

unit meets these criteria.

(2) Keep records on a calendar quarter

basis of the weight of agricultural waste

burned, and the weight of all other fuels

and wastes burned in the unit.

(c) Municipal waste combustion units.

Incineration units that meet either of the

two criteria specified in paragraph (c)(1)

or (2) of this section.

(1) Are regulated under subpart Ea of

this part (Standards of Performance for

Municipal Waste Combustors); subpart

Eb of this part (Standards of

Performance for Municipal Waste

Combustors for Which Construction is

Commenced After September 20, 1994);

subpart Cb of this part (Emission

Guidelines and Compliance Time for

Large Municipal Combustors that are

Constructed on or Before September 20,

1994); AAAA of this part (Standards of

Performance for New Stationary

Sources: Small Municipal Waste

Combustion Units); or subpart BBBB of

this part (Emission Guidelines for

Existing Stationary Sources: Small

Municipal Waste Combustion Units).

(2) Burn greater than 30 percent

municipal solid waste or refuse-derived

fuel, as defined in subpart Ea, subpart

Eb, subpart AAAA, and subpart BBBB of

this part, and that have the capacity to

burn less than 35 tons (32 megagrams)

per day of municipal solid waste or

refuse-derived fuel, if you meet the two

requirements in paragraphs (c)(2)(i) and

(ii) of this section.

(i) Notify the Administrator that the

unit meets these criteria.

(ii) Keep records on a calendar quarter

basis of the weight of municipal solid

waste burned, and the weight of all

other fuels and wastes burned in the

unit.

(d) Medical waste incineration units.

Incineration units regulated under

subpart Ec of this part (Standards of

Performance for Hospital/Medical/

Infectious Waste Incinerators for Which

Construction is Commenced After June

20, 1996) or subpart Ce of this part

(Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious

Waste Incinerators).

(e) Small power production facilities.

Units that meet the three requirements

specified in paragraphs (e)(1) through

(3) of this section.

(1) The unit qualifies as a small

power-production facility under section

3(17)(C) of the Federal Power Act (16

U.S.C. 796(17)(C)).

(2) The unit burns homogeneous

waste (not including refuse-derived

fuel) to produce electricity.

(3) You notify the Administrator that

the unit meets all of these criteria.

(f) Cogeneration facilities. Units that

meet the three requirements specified in

paragraphs (f)(1) through (3) of this

section.

(1) The unit qualifies as a

cogeneration facility under section

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

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

(2) The unit burns homogeneous

waste (not including refuse-derived

fuel) to produce electricity and steam or

other forms of energy used for

industrial, commercial, heating, or

cooling purposes.

(3) You notify the Administrator that

the unit meets all of these criteria.

(g) Hazardous waste combustion

units. Units that meet either of the two

criteria specified in paragraph (g)(1) or

(2) of this section.

(1) Units for which you are required

to get a permit under section 3005 of the

Solid Waste Disposal Act.

(2) Units regulated under subpart EEE

of 40 CFR part 63 (National Emission

Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors).

(h) Materials recovery units. Units

that combust waste for the primary

purpose of recovering metals, such as

primary and secondary smelters.

(i) Air curtain incinerators. Air

curtain incinerators that burn only the

materials listed in paragraphs (i)(1)

through (3) of this section are only

required to meet the requirements under

‘‘Air Curtain Incinerators’’ (§§ 60.2245

through 60.2260).

(1) 100 percent wood waste.

75352 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

(j) Cyclonic barrel burners. (See

§ 60.2265)

(k) Rack, part, and drum reclamation

units. (See § 60.2265)

(l) Cement kilns. Kilns regulated

under subpart LLL of part 63 of this

chapter (National Emission Standards

for Hazardous Air Pollutants from the

Portland Cement Manufacturing

Industry).

(m) Sewage sludge incinerators.

Incineration units regulated under

subpart O of this part (Standards of

Performance for Sewage Treatment

Plants).

(n) Chemical recovery units.

Combustion units burning materials to

recover chemical constituents or to

produce chemical compounds where

there is an existing commercial market

for such recovered chemical

constituents or compounds. The seven

types of units described in paragraphs

(n)(1) through (7) of this section are

considered chemical recovery units.

(1) Units burning only pulping liquors

(i.e., black liquor) that are reclaimed in

a pulping liquor recovery process and

reused in the pulping process.

(2) Units burning only spent sulfuric

acid used to produce virgin sulfuric

acid.

(3) Units burning only wood or coal

feedstock for the production of charcoal.

(4) Units burning only manufacturing

byproduct streams/residues containing

catalyst metals which are reclaimed and

reused as catalysts or used to produce

commercial grade catalysts.

(5) Units burning only coke to

produce purified carbon monoxide that

is used as an intermediate in the

production of other chemical

compounds.

(6) Units burning only hydrocarbon

liquids or solids to produce hydrogen,

carbon monoxide, synthesis gas, or

other gases for use in other

manufacturing processes.

(7) Units burning only photographic

film to recover silver.

(o) Laboratory Analysis Units. Units

that burn samples of materials for the

purpose of chemical or physical

analysis.

§ 60.2025 What if my chemical recovery

unit is not listed in § 60.2020(n)?

(a) If your chemical recovery unit is

not listed in § 60.2020(n), you can

petition the Administrator to add your

unit to the list. The petition must

contain the six items in paragraphs

(a)(1) through (6) of this section.

(1) A description of the source of the

materials being burned.

(2) A description of the composition

of the materials being burned,

highlighting the chemical constituents

in these materials that are recovered.

(3) A description (including a process

flow diagram) of the process in which

the materials are burned, highlighting

the type, design, and operation of the

equipment used in this process.

(4) A description (including a process

flow diagram) of the chemical

constituent recovery process,

highlighting the type, design, and

operation of the equipment used in this

process.

(5) A description of the commercial

markets for the recovered chemical

constituents and their use.

(6) The composition of the recovered

chemical constituents and the

composition of these chemical

constituents as they are bought and sold

in commercial markets.

(b) Until the Administrator approves

your petition, the incineration unit is

covered by this subpart.

(c) If a petition is approved, the

Administrator will amend § 60.2020(n)

to add the unit to the list of chemical

recovery units.

§ 60.2030 Who implements and enforces

this subpart?

(a) This subpart can be implemented

and enforced by the U.S. Environmental

Protection Agency (EPA), or a delegated

authority such as your State, local, or

tribal agency. If the EPA Administrator

has delegated authority to your State,

local, or tribal agency, then that agency

(as well as EPA) has the authority to

implement and enforce this subpart.

You should contact your EPA Regional

Office to find out if this subpart is

delegated to your State, local, or tribal

agency.

(b) In delegating implementation and

enforcement authority of this subpart to

a State, local, or tribal agency, the

authorities contained in paragraph (c) of

this section are retained by the EPA

Administrator and are not transferred to

the State, local, or tribal agency.

(c) The authorities that will not be

delegated to State, local, or tribal

agencies are specified in paragraphs

(c)(1) through (7) of this section.

(1) Approval of alternatives to the

emission limitations in Table 1 of this

subpart and operating limits established

under § 60.2110.

(2) Approval of major alternatives to

test methods.

(3) Approval of major alternatives to

monitoring.

(4) Approval of major alternatives to

recordkeeping and reporting.

(5) The requirements in § 60.2025.

(6) The requirements in § 60.2115.

(7) The requirements in

§ 60.2100(b)(2).

§ 60.2035 How are these new source

performance standards structured?

These new source performance

standards contain the eleven major

components listed in paragraphs (a)

through (k) of this section.

(a) Preconstruction siting analysis.

(b) Waste management plan.

(c) Operator training and

qualification.

(d) Emission limitations and operating

limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance

requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

§ 60.2040 Do all eleven components of

these new source performance standards

apply at the same time?

No. You must meet the

preconstruction siting analysis and

waste management plan requirements

before you commence construction of

the CISWI unit. The operator training

and qualification, emission limitations,

operating limits, performance testing

and compliance, monitoring, and most

recordkeeping and reporting

requirements are met after the CISWI

unit begins operation.

Preconstruction Siting Analysis

§ 60.2045 Who must prepare a siting

analysis?

(a) You must prepare a siting analysis

if you plan to commence construction of

a CISWI unit after December 1, 2000.

(b) You must prepare a siting analysis

if you are required to submit an initial

application for a construction permit

under 40 CFR part 51, subpart I, or 40

CFR part 52, as applicable, for the

reconstruction or modification of your

CISWI unit.

§ 60.2050 What is a siting analysis?

(a) The siting analysis must consider

air pollution control alternatives that

minimize, on a site-specific basis, to the

maximum extent practicable, potential

risks to public health or the

environment. In considering such

alternatives, the analysis may consider

costs, energy impacts, nonair

environmental impacts, or any other

factors related to the practicability of the

alternatives.

(b) Analyses of your CISWI unit’s

impacts that are prepared to comply

with State, local, or other Federal

regulatory requirements may be used to

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75353

satisfy the requirements of this section,

provided they include the consideration

of air pollution control alternatives

specified in paragraph (a) of this

section.

(c) You must complete and submit the

siting requirements of this section as

required under § 60.2190(c) prior to

commencing construction.

Waste Management Plan

§ 60.2055 What is a waste management

plan?

A waste management plan is a written

plan that identifies both the feasibility

and the methods used to reduce or

separate certain components of solid

waste from the waste stream in order to

reduce or eliminate toxic emissions

from incinerated waste.

§ 60.2060 When must I submit my waste

management plan?

You must submit a waste management

plan prior to commencing construction.

§ 60.2065 What should I include in my

waste management plan?

A waste management plan must

include consideration of the reduction

or separation of waste-stream elements

such as paper, cardboard, plastics, glass,

batteries, or metals; or the use of

recyclable materials. The plan must

identify any additional waste

management measures and implement

those measures the source considers

practical and feasible, considering the

effectiveness of waste management

measures already in place, the costs of

additional measures, the emissions

reductions expected to be achieved, and

any other environmental or energy

impacts they might have.

Operator Training and Qualification

§ 60.2070 What are the operator training

and qualification requirements?

(a) No CISWI unit can be operated

unless a fully trained and qualified

CISWI unit operator is accessible, either

at the facility or can be at the facility

within 1 hour. The trained and qualified

CISWI unit operator may operate the

CISWI unit directly or be the direct

supervisor of one or more other plant

personnel who operate the unit. If all

qualified CISWI unit operators are

temporarily not accessible, you must

follow the procedures in § 60.2100.

(b) Operator training and qualification

must be obtained through a Stateapproved program or by completing the

requirements included in paragraph (c)

of this section.

(c) Training must be obtained by

completing an incinerator operator

training course that includes, at a

minimum, the three elements described

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

section.

(1) Training on the eleven subjects

listed in paragraphs (c)(1)(i) through (xi)

of this section.

(i) Environmental concerns, including

types of emissions.

(ii) Basic combustion principles,

including products of combustion.

(iii) Operation of the specific type of

incinerator to be used by the operator,

including proper startup, waste

charging, and shutdown procedures.

(iv) Combustion controls and

monitoring.

(v) Operation of air pollution control

equipment and factors affecting

performance (if applicable).

(vi) Inspection and maintenance of

the incinerator and air pollution control

devices.

(vii) Actions to correct malfunctions

or conditions that may lead to

malfunction.

(viii) Bottom and fly ash

characteristics and handling procedures.

(ix) Applicable Federal, State, and

local regulations, including

Occupational Safety and Health

Administration workplace standards.

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and

administered by the instructor.

(3) Written material covering the

training course topics that may serve as

reference material following completion

of the course.

§ 60.2075 When must the operator training

course be completed?

The operator training course must be

completed by the later of the three dates

specified in paragraphs (a) through (c) of

this section.

(a) Six months after your CISWI unit

startup.

(b) December 3, 2001.

(c) The date before an employee

assumes responsibility for operating the

CISWI unit or assumes responsibility for

supervising the operation of the CISWI

unit.

§ 60.2080 How do I obtain my operator

qualification?

(a) You must obtain operator

qualification by completing a training

course that satisfies the criteria under

§ 60.2070(b).

(b) Qualification is valid from the date

on which the training course is

completed and the operator successfully

passes the examination required under

§ 60.2070(c)(2).

§ 60.2085 How do I maintain my operator

qualification?

To maintain qualification, you must

complete an annual review or refresher

course covering, at a minimum, the five

topics described in paragraphs (a)

through (e) of this section.

(a) Update of regulations.

(b) Incinerator operation, including

startup and shutdown procedures, waste

charging, and ash handling.

(c) Inspection and maintenance.

(d) Responses to malfunctions or

conditions that may lead to

malfunction.

(e) Discussion of operating problems

encountered by attendees.

§ 60.2090 How do I renew my lapsed

operator qualification?

You must renew a lapsed operator

qualification by one of the two methods

specified in paragraphs (a) and (b) of

this section.

(a) For a lapse of less than 3 years,

you must complete a standard annual

refresher course described in § 60.2085.

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

must repeat the initial qualification

requirements in § 60.2080(a).

§ 60.2095 What site-specific

documentation is required?

(a) Documentation must be available

at the facility and readily accessible for

all CISWI unit operators that addresses

the ten topics described in paragraphs

(a)(1) through (10) of this section. You

must maintain this information and the

training records required by paragraph

(c) of this section in a manner that they

can be readily accessed and are suitable

for inspection upon request.

(1) Summary of the applicable

standards under this subpart.

(2) Procedures for receiving, handling,

and charging waste.

(3) Incinerator startup, shutdown, and

malfunction procedures.

(4) Procedures for maintaining proper

combustion air supply levels.

(5) Procedures for operating the

incinerator and associated air pollution

control systems within the standards

established under this subpart.

(6) Monitoring procedures for

demonstrating compliance with the

incinerator operating limits.

(7) Reporting and recordkeeping

procedures.

(8) The waste management plan

required under §§ 60.2055 through

60.2065.

(9) Procedures for handling ash.

(10) A list of the wastes burned during

the performance test.

(b) You must establish a program for

reviewing the information listed in

paragraph (a) of this section with each

incinerator operator.

(1) The initial review of the

information listed in paragraph (a) of

this section must be conducted within

75354 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

6 months after the effective date of this

subpart or prior to an employee’s

assumption of responsibilities for

operation of the CISWI unit, whichever

date is later.

(2) Subsequent annual reviews of the

information listed in paragraph (a) of

this section must be conducted not later

than 12 months following the previous

review.

(c) You must also maintain the

information specified in paragraphs

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

(1) Records showing the names of

CISWI unit operators who have

completed review of the information in

§ 60.2095(a) as required by § 60.2095(b),

including the date of the initial review

and all subsequent annual reviews.

(2) Records showing the names of the

CISWI operators who have completed

the operator training requirements

under § 60.2070, met the criteria for

qualification under § 60.2080, and

maintained or renewed their

qualification under § 60.2085 or

§ 60.2090. Records must include

documentation of training, the dates of

the initial and refresher training, and

the dates of their qualification and all

subsequent renewals of such

qualifications.

(3) For each qualified operator, the

phone and/or pager number at which

they can be reached during operating

hours.

§ 60.2100 What if all the qualified

operators are temporarily not accessible?

If all qualified operators are

temporarily not accessible (i.e., not at

the facility and not able to be at the

facility within 1 hour), you must meet

one of the two criteria specified in

paragraphs (a) and (b) of this section,

depending on the length of time that a

qualified operator is not accessible.

(a) When all qualified operators are

not accessible for more than 8 hours, but

less than 2 weeks, the CISWI unit may

be operated by other plant personnel

familiar with the operation of the CISWI

unit who have completed a review of

the information specified in § 60.2095(a)

within the past 12 months. However,

you must record the period when all

qualified operators were not accessible

and include this deviation in the annual

report as specified under § 60.2210.

(b) When all qualified operators are

not accessible for 2 weeks or more, you

must take the two actions that are

described in paragraphs (b)(1) and (2) of

this section.

(1) Notify the Administrator of this

deviation in writing within 10 days. In

the notice, state what caused this

deviation, what you are doing to ensure

that a qualified operator is accessible,

and when you anticipate that a qualified

operator will be accessible.

(2) Submit a status report to the

Administrator every 4 weeks outlining

what you are doing to ensure that a

qualified operator is accessible, stating

when you anticipate that a qualified

operator will be accessible and

requesting approval from the

Administrator to continue operation of

the CISWI unit. You must submit the

first status report 4 weeks after you

notify the Administrator of the

deviation under paragraph (b)(1) of this

section. If the Administrator notifies

you that your request to continue

operation of the CISWI unit is

disapproved, the CISWI unit may

continue operation for 90 days, then

must cease operation. Operation of the

unit may resume if you meet the two

requirements in paragraphs (b)(2)(i) and

(ii) of this section.

(i) A qualified operator is accessible

as required under § 60.2070(a).

(ii) You notify the Administrator that

a qualified operator is accessible and

that you are resuming operation.

Emission Limitations and Operating

Limits

§ 60.2105 What emission limitations must I

meet and by when?

You must meet the emission

limitations specified in Table 1 of this

subpart 60 days after your CISWI unit

reaches the charge rate at which it will

operate, but no later than 180 days after

its initial startup.

§ 60.2110 What operating limits must I

meet and by when?

(a) If you use a wet scrubber to

comply with the emission limitations,

you must establish operating limits for

four operating parameters (as specified

in Table 2 of this subpart) as described

in paragraphs (a)(1) through (4) of this

section during the initial performance

test.

(1) Maximum charge rate, calculated

using one of the two different

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

as appropriate.

(i) For continuous and intermittent

units, maximum charge rate is 110

percent of the average charge rate

measured during the most recent

performance test demonstrating

compliance with all applicable emission

limitations.

(ii) For batch units, maximum charge

rate is 110 percent of the daily charge

rate measured during the most recent

performance test demonstrating

compliance with all applicable emission

limitations.

(2) Minimum pressure drop across the

wet scrubber, which is calculated as 90

percent of the average pressure drop

across the wet scrubber measured

during the most recent performance test

demonstrating compliance with the

particulate matter emission limitations;

or minimum amperage to the wet

scrubber, which is calculated as 90

percent of the average amperage to the

wet scrubber measured during the most

recent performance test demonstrating

compliance with the particulate matter

emission limitations.

(3) Minimum scrubber liquor flow

rate, which is calculated as 90 percent

of the average liquor flow rate at the

inlet to the wet scrubber measured

during the most recent performance test

demonstrating compliance with all

applicable emission limitations.

(4) Minimum scrubber liquor pH,

which is calculated as 90 percent of the

average liquor pH at the inlet to the wet

scrubber measured during the most

recent performance test demonstrating

compliance with the HCl emission

limitation.

(b) You must meet the operating

limits established during the initial

performance test 60 days after your

CISWI unit reaches the charge rate at

which it will operate, but no later than

180 days after its initial startup.

(c) If you use a fabric filter to comply

with the emission limitations, you must

operate each fabric filter system such

that the bag leak detection system alarm

does not sound more than 5 percent of

the operating time during a 6-month

period. In calculating this operating

time percentage, if inspection of the

fabric filter demonstrates that no

corrective action is required, no alarm

time is counted. If corrective action is

required, each alarm shall be counted as

a minimum of 1 hour. If you take longer

than 1 hour to initiate corrective action,

the alarm time shall be counted as the

actual amount of time taken by you to

initiate corrective action.

§ 60.2115 What if I do not use a wet

scrubber to comply with the emission

limitations?

If you use an air pollution control

device other than a wet scrubber, or

limit emissions in some other manner,

to comply with the emission limitations

under § 60.2105, you must petition the

Administrator for specific operating

limits to be established during the

initial performance test and

continuously monitored thereafter. You

must not conduct the initial

performance test until after the petition

has been approved by the

Administrator. Your petition must

include the five items listed in

paragraphs (a) through (e) of this

section.

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75355

(a) Identification of the specific

parameters you propose to use as

additional operating limits. (b) A discussion of the relationship

between these parameters and emissions

of regulated pollutants, identifying how

emissions of regulated pollutants

change with changes in these

parameters, and how limits on these

parameters will serve to limit emissions

of regulated pollutants. (c) A discussion of how you will

establish the upper and/or lower values

for these parameters which will

establish the operating limits on these

parameters. (d) A discussion identifying the

methods you will use to measure and

the instruments you will use to monitor

these parameters, as well as the relative

accuracy and precision of these methods

and instruments.

(e) A discussion identifying the

frequency and methods for recalibrating

the instruments you will use for

monitoring these parameters.

§ 60.2120 What happens during periods of

startup, shutdown, and malfunction?

(a) The emission limitations and

operating limits apply at all times

except during CISWI unit startups,

shutdowns, or malfunctions.

(b) Each malfunction must last no

longer than 3 hours.

Performance Testing

§ 60.2125 How do I conduct the initial and

annual performance test?

(a) All performance tests must consist

of a minimum of three test runs

conducted under conditions

representative of normal operations. (b) You must document that the waste

burned during the performance test is

representative of the waste burned

under normal operating conditions by

maintaining a log of the quantity of

waste burned (as required in

§ 60.2175(b)(1)) and the types of waste

burned during the performance test. (c) All performance tests must be

conducted using the minimum run

duration specified in Table 1 of this

subpart. (d) Method 1 of appendix A of this

part must be used to select the sampling

location and number of traverse points. (e) Method 3A or 3B of appendix A

of this part must be used for gas

composition analysis, including

measurement of oxygen concentration.

Method 3A or 3B of appendix A of this

part must be used simultaneously with

each method.

(f) All pollutant concentrations,

except for opacity, must be adjusted to

7 percent oxygen using Equation 1 of

this section:

Cadj = Cmeas (20.9–7)/(20.9-%O2)

(Eq. 1)

Where:

Cadj = pollutant concentration adjusted to 7

percent oxygen;

Cmeas = pollutant concentration measured on

a dry basis;

(20.9–7) = 20.9 percent oxygen¥7 percent

oxygen (defined oxygen correction

basis);

20.9 = oxygen concentration in air, percent;

and

%O2 = oxygen concentration measured on a

dry basis, percent.

(g) You must determine dioxins/

furans toxic equivalency by following

the procedures in paragraphs (g)(1)

through (3) of this section. (1) Measure the concentration of each

dioxin/furan tetra-through

octachlorinated-congener emitted using

EPA Method 23.

(2) For each dioxin/furan (tetrathrough octachlorinated) congener

measured in accordance with paragraph

(g)(1) of this section, multiply the

congener concentration by its

corresponding toxic equivalency factor

specified in Table 3 of this subpart. (3) Sum the products calculated in

accordance with paragraph (g)(2) of this

section to obtain the total concentration

of dioxins/furans emitted in terms of

toxic equivalency.

§ 60.2130 How are the performance test

data used?

You use results of performance tests

to demonstrate compliance with the

emission limitations in Table 1 of this

subpart.

Initial Compliance Requirements

§ 60.2135 How do I demonstrate initial

compliance with the emission limitations

and establish the operating limits?

You must conduct an initial

performance test, as required under

§ 60.8, to determine compliance with

the emission limitations in Table 1 of

this subpart and to establish operating

limits using the procedure in § 60.2110

or § 60.2115. The initial performance

test must be conducted using the test

methods listed in Table 1 of this subpart

and the procedures in § 60.2125.

§ 60.2140 By what date must I conduct the

initial performance test?

The initial performance test must be

conducted within 60 days after your

CISWI unit reaches the charge rate at

which it will operate, but no later than

180 days after its initial startup.

Continuous Compliance Requirements

§ 60.2145 How do I demonstrate

continuous compliance with the emission

limitations and the operating limits?

(a) You must conduct an annual

performance test for particulate matter,

hydrogen chloride, and opacity for each

CISWI unit as required under § 60.8 to

determine compliance with the

emission limitations. The annual

performance test must be conducted

using the test methods listed in Table 1

of this subpart and the procedures in

§ 60.2125.

(b) You must continuously monitor

the operating parameters specified in

§ 60.2110 or established under

§ 60.2115. Operation above the

established maximum or below the

established minimum operating limits

constitutes a deviation from the

established operating limits. Three-hour

rolling average values are used to

determine compliance (except for

baghouse leak detection system alarms)

unless a different averaging period is

established under § 60.2115. Operating

limits do not apply during performance

tests.

(c) You must only burn the same

types of waste used to establish

operating limits during the performance

test.

§ 60.2150 By what date must I conduct the

annual performance test?

You must conduct annual

performance tests for particulate matter,

hydrogen chloride, and opacity within

12 months following the initial

performance test. Conduct subsequent

annual performance tests within 12

months following the previous one.

§ 60.2155 May I conduct performance

testing less often?

(a) You can test less often for a given

pollutant if you have test data for at

least 3 years, and all performance tests

for the pollutant (particulate matter,

hydrogen chloride, or opacity) over 3

consecutive years show that you comply

with the emission limitation. In this

case, you do not have to conduct a

performance test for that pollutant for

the next 2 years. You must conduct a

performance test during the 3rd year

and no more than 36 months following

the previous performance test.

(b) If your CISWI unit continues to

meet the emission limitation for

particulate matter, hydrogen chloride, or

opacity, you may choose to conduct

performance tests for these pollutants

every 3rd year, but each test must be

within 36 months of the previous

performance test.

(c) If a performance test shows a

deviation from an emission limitation

for particulate matter, hydrogen

chloride, or opacity, you must conduct

annual performance tests for that

pollutant until all performance tests

over a 3-year period show compliance.

75356 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

§ 60.2160 May I conduct a repeat

performance test to establish new operating

limits?

(a) Yes. You may conduct a repeat

performance test at any time to establish

new values for the operating limits. The

Administrator may request a repeat

performance test at any time.

(b) You must repeat the performance

test if your feed stream is different than

the feed streams used during any

performance test used to demonstrate

compliance.

Monitoring

§ 60.2165 What monitoring equipment

must I install and what parameters must I

monitor?

(a) If you are using a wet scrubber to

comply with the emission limitation

under § 60.2105, you must install,

calibrate (to manufacturers’

specifications), maintain, and operate

devices (or establish methods) for

monitoring the value of the operating

parameters used to determine

compliance with the operating limits

listed in Table 2 of this subpart. These

devices (or methods) must measure and

record the values for these operating

parameters at the frequencies indicated

in Table 2 of this subpart at all times

except as specified in § 60.2170(a).

(b) If you use a fabric filter to comply

with the requirements of this subpart,

you must install, calibrate, maintain,

and continuously operate a bag leak

detection system as specified in

paragraphs (b)(1) through (8) of this

section.

(1) You must install and operate a bag

leak detection system for each exhaust

stack of the fabric filter.

(2) Each bag leak detection system

must be installed, operated, calibrated,

and maintained in a manner consistent

with the manufacturer’s written

specifications and recommendations.

(3) The bag leak detection system

must be certified by the manufacturer to

be capable of detecting particulate

matter emissions at concentrations of 10

milligrams per actual cubic meter or

less.

(4) The bag leak detection system

sensor must provide output of relative

or absolute particulate matter loadings.

(5) The bag leak detection system

must be equipped with a device to

continuously record the output signal

from the sensor.

(6) The bag leak detection system

must be equipped with an alarm system

that will sound automatically when an

increase in relative particulate matter

emissions over a preset level is detected.

The alarm must be located where it is

easily heard by plant operating

personnel.

(7) For positive pressure fabric filter

systems, a bag leak detection system

must be installed in each baghouse

compartment or cell. For negative

pressure or induced air fabric filters, the

bag leak detector must be installed

downstream of the fabric filter.

(8) Where multiple detectors are

required, the system’s instrumentation

and alarm may be shared among

detectors.

(c) If you are using something other

than a wet scrubber to comply with the

emission limitations under § 60.2105,

you must install, calibrate (to the

manufacturers’ specifications),

maintain, and operate the equipment

necessary to monitor compliance with

the site-specific operating limits

established using the procedures in

§ 60.2115.

§ 60.2170 Is there a minimum amount of

monitoring data I must obtain?

(a) Except for monitor malfunctions,

associated repairs, and required quality

assurance or quality control activities

(including, as applicable, calibration

checks and required zero and span

adjustments of the monitoring system),

you must conduct all monitoring at all

times the CISWI unit is operating.

(b) Do not use data recorded during

monitor malfunctions, associated

repairs, and required quality assurance

or quality control activities for meeting

the requirements of this subpart,

including data averages and

calculations. You must use all the data

collected during all other periods in

assessing compliance with the operating

limits.

Recordkeeping and Reporting

§ 60.2175 What records must I keep?

You must maintain the fourteen items

(as applicable) as specified in

paragraphs (a) through (n) of this section

for a period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in

paragraphs (b)(1) through (6) of this

section:

(1) The CISWI unit charge dates,

times, weights, and hourly charge rates.

(2) Liquor flow rate to the wet

scrubber inlet every 15 minutes of

operation, as applicable.

(3) Pressure drop across the wet

scrubber system every 15 minutes of

operation or amperage to the wet

scrubber every 15 minutes of operation,

as applicable.

(4) Liquor pH as introduced to the wet

scrubber every 15 minutes of operation,

as applicable.

(5) For affected CISWI units that

establish operating limits for controls

other than wet scrubbers under

§ 60.2115, you must maintain data

collected for all operating parameters

used to determine compliance with the

operating limits.

(6) If a fabric filter is used to comply

with the emission limitations, you must

record the date, time, and duration of

each alarm and the time corrective

action was initiated and completed, and

a brief description of the cause of the

alarm and the corrective action taken.

You must also record the percent of

operating time during each 6-month

period that the alarm sounds, calculated

as specified in § 60.2110(c).

(c) Identification of calendar dates

and times for which monitoring systems

used to monitor operating limits were

inoperative, inactive, malfunctioning, or

out of control (except for downtime

associated with zero and span and other

routine calibration checks). Identify the

operating parameters not measured, the

duration, reasons for not obtaining the

data, and a description of corrective

actions taken.

(d) Identification of calendar dates,

times, and durations of malfunctions,

and a description of the malfunction

and the corrective action taken.

(e) Identification of calendar dates

and times for which data show a

deviation from the operating limits in

Table 2 of this subpart or a deviation

from other operating limits established

under § 60.2115 with a description of

the deviations, reasons for such

deviations, and a description of

corrective actions taken.

(f) The results of the initial, annual,

and any subsequent performance tests

conducted to determine compliance

with the emission limits and/or to

establish operating limits, as applicable.

Retain a copy of the complete test report

including calculations.

(g) All documentation produced as a

result of the siting requirements of

§§ 60.2045 and 60.2050.

(h) Records showing the names of

CISWI unit operators who have

completed review of the information in

§ 60.2095(a) as required by § 60.2095(b),

including the date of the initial review

and all subsequent annual reviews.

(i) Records showing the names of the

CISWI operators who have completed

the operator training requirements

under § 60.2070, met the criteria for

qualification under § 60.2080, and

maintained or renewed their

qualification under § 60.2085 or

§ 60.2090. Records must include

documentation of training, the dates of

the initial and refresher training, and

the dates of their qualification and all

subsequent renewals of such

qualifications.

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75357

(j) For each qualified operator, the

phone and/or pager number at which

they can be reached during operating

hours.

(k) Records of calibration of any

monitoring devices as required under

§ 60.2165.

(l) Equipment vendor specifications

and related operation and maintenance

requirements for the incinerator,

emission controls, and monitoring

equipment.

(m) The information listed in

§ 60.2095(a).

(n) On a daily basis, keep a log of the

quantity of waste burned and the types

of waste burned (always required).

§ 60.2180 Where and in what format must

I keep my records?

All records must be available onsite in

either paper copy or computer-readable

format that can be printed upon request,

unless an alternative format is approved

by the Administrator.

§ 60.2185 What reports must I submit?

See Table 4 of this subpart for a

summary of the reporting requirements.

§ 60.2190 What must I submit prior to

commencing construction?

You must submit a notification prior

to commencing construction that

includes the five items listed in

paragraphs (a) through (e) of this

section.

(a) A statement of intent to construct.

(b) The anticipated date of

commencement of construction.

(c) All documentation produced as a

result of the siting requirements of

§ 60.2050.

(d) The waste management plan as

specified in §§ 60.2055 through 60.2065.

(e) Anticipated date of initial startup.

§ 60.2195 What information must I submit

prior to initial startup?

You must submit the information

specified in paragraphs (a) through (e) of

this section prior to initial startup.

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

(b) The maximum design waste

burning capacity.

(c) The anticipated maximum charge

rate.

(d) If applicable, the petition for sitespecific operating limits under

§ 60.2115.

(e) The anticipated date of initial

startup.

§ 60.2200 What information must I submit

following my initial performance test?

You must submit the information

specified in paragraphs (a) through (c) of

this section no later than 60 days

following the initial performance test.

All reports must be signed by the

facilities manager.

(a) The complete test report for the

initial performance test results obtained

under § 60.2135, as applicable.

(b) The values for the site-specific

operating limits established in § 60.2110

or § 60.2115.

(c) If you are using a fabric filter to

comply with the emission limitations,

documentation that a bag leak detection

system has been installed and is being

operated, calibrated, and maintained as

required by § 60.2165(b).

§ 60.2205 When must I submit my annual

report?

You must submit an annual report no

later than 12 months following the

submission of the information in

§ 60.2200. You must submit subsequent

reports no more than 12 months

following the previous report. (If the

unit is subject to permitting

requirements under title V of the Clean

Air Act, you may be required by the

permit to submit these reports more

frequently.)

§ 60.2210 What information must I include

in my annual report?

The annual report required under

§ 60.2205 must include the ten items

listed in paragraphs (a) through (j) of

this section. If you have a deviation

from the operating limits or the

emission limitations, you must also

submit deviation reports as specified in

§§ 60.2215, 60.2220, and 60.2225.

(a) Company name and address.

(b) Statement by a responsible official,

with that official’s name, title, and

signature, certifying the accuracy of the

content of the report.

(c) Date of report and beginning and

ending dates of the reporting period.

(d) The values for the operating limits

established pursuant to § 60.2110 or

§ 60.2115.

(e) If no deviation from any emission

limitation or operating limit that applies

to you has been reported, a statement

that there was no deviation from the

emission limitations or operating limits

during the reporting period, and that no

monitoring system used to determine

compliance with the operating limits

was inoperative, inactive,

malfunctioning or out of control.

(f) The highest recorded 3-hour

average and the lowest recorded 3-hour

average, as applicable, for each

operating parameter recorded for the

calendar year being reported.

(g) Information recorded under

§ 60.2175(b)(6) and (c) through (e) for

the calendar year being reported.

(h) If a performance test was

conducted during the reporting period,

the results of that test.

(i) If you met the requirements of

§ 60.2155(a) or (b), and did not conduct

a performance test during the reporting

period, you must state that you met the

requirements of § 60.2155(a) or (b), and,

therefore, you were not required to

conduct a performance test during the

reporting period.

(j) Documentation of periods when all

qualified CISWI unit operators were

unavailable for more than 8 hours, but

less than 2 weeks.

§ 60.2215 What else must I report if I have

a deviation from the operating limits or the

emission limitations?

(a) You must submit a deviation

report if any recorded 3-hour average

parameter level is above the maximum

operating limit or below the minimum

operating limit established under this

subpart, if the bag leak detection system

alarm sounds for more than 5 percent of

the operating time for the 6-month

reporting period, or if a performance test

was conducted that deviated from any

emission limitation.

(b) The deviation report must be

submitted by August 1 of that year for

data collected during the first half of the

calendar year (January 1 to June 30), and

by February 1 of the following year for

data you collected during the second

half of the calendar year (July 1 to

December 31).

§ 60.2220 What must I include in the

deviation report?

In each report required under

§ 60.2215, for any pollutant or

parameter that deviated from the

emission limitations or operating limits

specified in this subpart, include the six

items described in paragraphs (a)

through (f) of this section.

(a) The calendar dates and times your

unit deviated from the emission

limitations or operating limit

requirements.

(b) The averaged and recorded data

for those dates.

(c) Durations and causes of each

deviation from the emission limitations

or operating limits and your corrective

actions.

(d) A copy of the operating limit

monitoring data during each deviation

and any test report that documents the

emission levels.

(e) The dates, times, number,

duration, and causes for monitor

downtime incidents (other than

downtime associated with zero, span,

and other routine calibration checks).

(f) Whether each deviation occurred

during a period of startup, shutdown, or

malfunction, or during another period.

75358 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

§ 60.2225 What else must I report if I have

a deviation from the requirement to have a

qualified operator accessible?

(a) If all qualified operators are not

accessible for 2 weeks or more, you

must take the two actions in paragraphs

(a)(1) and (2) of this section.

(1) Submit a notification of the

deviation within 10 days that includes

the three items in paragraphs (a)(1)(i)

through (iii) of this section.

(i) A statement of what caused the

deviation.

(ii) A description of what you are

doing to ensure that a qualified operator

is accessible.

(iii) The date when you anticipate that

a qualified operator will be available.

(2) Submit a status report to the

Administrator every 4 weeks that

includes the three items in paragraphs

(a)(2)(i) through (iii) of this section.

(i) A description of what you are

doing to ensure that a qualified operator

is accessible.

(ii) The date when you anticipate that

a qualified operator will be accessible.

(iii) Request approval from the

Administrator to continue operation of

the CISWI unit.

(b) If your unit was shut down by the

Administrator, under the provisions of

§ 60.2100(b)(2), due to a failure to

provide an accessible qualified operator,

you must notify the Administrator that

you are resuming operation once a

qualified operator is accessible.

§ 60.2230 Are there any other notifications

or reports that I must submit?

Yes. You must submit notifications as

provided by § 60.7.

§ 60.2235 In what form can I submit my

reports?

Submit initial, annual, and deviation

reports electronically or in paper format,

postmarked on or before the submittal

due dates.

§ 60.2240 Can reporting dates be

changed?

If the Administrator agrees, you may

change the semiannual or annual

reporting dates. See § 60.19(c) for

procedures to seek approval to change

your reporting date.

Title V Operating Permits

§ 60.2242 Am I required to apply for and

obtain a title V operating permit for my

unit?

Yes. Each CISWI unit must operate

pursuant to a permit issued under

section 129(e) and title V of the Clean

Air Act by the later of the two dates in

paragraphs (a) and (b) of this section.

(a) Thirty-six months after December

1, 2000.

(b) The effective date of the title V

permit program to which your unit is

subject. If your unit is subject to title V

as a result of some triggering

requirement(s) other than this subpart

(for example, being a major source),

then your unit may be required to apply

for and obtain a title V permit prior to

the deadlines noted above. If more than

one requirement triggers the

requirement to apply for a title V

permit, the 12-month timeframe for

filing a title V application is triggered by

the requirement which first causes the

source to be subject to title V.

Air Curtain Incinerators

§ 60.2245 What is an air curtain

incinerator?

(a) An air curtain incinerator operates

by forcefully projecting a curtain of air

across an open chamber or open pit in

which combustion occurs. Incinerators

of this type can be constructed above or

below ground and with or without

refractory walls and floor. (Air curtain

incinerators are not to be confused with

conventional combustion devices with

enclosed fireboxes and controlled air

technology such as mass burn, modular,

and fluidized bed combustors.)

(b) Air curtain incinerators that burn

only the materials listed in paragraphs

(b)(1) through (3) of this section are only

required to meet the requirements under

‘‘Air Curtain Incinerators’’ (§§ 60.2245

through 60.2260).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

§ 60.2250 What are the emission

limitations for air curtain incinerators?

(a) Within 60 days after your air

curtain incinerator reaches the charge

rate at which it will operate, but no later

than 180 days after its initial startup,

you must meet the two limitations

specified in paragraphs (a)(1) and (2) of

this section.

(1) The opacity limitation is 10

percent (6-minute average), except as

described in paragraph (a)(2) of this

section.

(2) The opacity limitation is 35

percent (6-minute average) during the

startup period that is within the first 30

minutes of operation.

(b) Except during malfunctions, the

requirements of this subpart apply at all

times, and each malfunction must not

exceed 3 hours.

§ 60.2255 How must I monitor opacity for

air curtain incinerators?

(a) Use Method 9 of appendix A of

this part to determine compliance with

the opacity limitation.

(b) Conduct an initial test for opacity

as specified in § 60.8.

(c) After the initial test for opacity,

conduct annual tests no more than 12

calendar months following the date of

your previous test.

§ 60.2260 What are the recordkeeping and

reporting requirements for air curtain

incinerators?

(a) Prior to commencing construction

on your air curtain incinerator, submit

the three items described in paragraphs

(a)(1) through (3) of this section.

(1) Notification of your intent to

construct the air curtain incinerators.

(2) Your planned initial startup date.

(3) Types of materials you plan to

burn in your air curtain incinerator.

(b) Keep records of results of all initial

and annual opacity tests onsite in either

paper copy or electronic format, unless

the Administrator approves another

format, for at least 5 years.

(c) Make all records available for

submittal to the Administrator or for an

inspector’s onsite review.

(d) You must submit the results (each

6-minute average) of the initial opacity

tests no later than 60 days following the

initial test. Submit annual opacity test

results within 12 months following the

previous report.

(e) Submit initial and annual opacity

test reports as electronic or paper copy

on or before the applicable submittal

date.

(f) Keep a copy of the initial and

annual reports onsite for a period of 5

years.

Definitions

§ 60.2265 What definitions must I know?

Terms used but not defined in this

subpart are defined in the Clean Air Act

and subpart A (General Provisions) of

this part.

Administrator means the

Administrator of the U.S.

Environmental Protection Agency or

his/her authorized representative or

Administrator of a State Air Pollution

Control Agency.

Agricultural waste means vegetative

agricultural materials such as nut and

grain hulls and chaff (e.g., almond,

walnut, peanut, rice, and wheat),

bagasse, orchard prunings, corn stalks,

coffee bean hulls and grounds, and

other vegetative waste materials

generated as a result of agricultural

operations.

Air curtain incinerator means an

incinerator that operates by forcefully

projecting a curtain of air across an open

chamber or pit in which combustion

occurs. Incinerators of this type can be

constructed above or below ground and

with or without refractory walls and

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75359

floor. (Air curtain incinerators are not to

be confused with conventional

combustion devices with enclosed

fireboxes and controlled air technology

such as mass burn, modular, and

fluidized bed combustors.)

Auxiliary fuel means natural gas,

liquified petroleum gas, fuel oil, or

diesel fuel.

Bag leak detection system means an

instrument that is capable of monitoring

particulate matter loadings in the

exhaust of a fabric filter (i.e., baghouse)

in order to detect bag failures. A bag

leak detection system includes, but is

not limited to, an instrument that

operates on triboelectric, light

scattering, light transmittance, or other

principle to monitor relative particulate

matter loadings.

Calendar quarter means three

consecutive months (nonoverlapping)

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

or October 1.

Calendar year means 365 consecutive

days starting on January 1 and ending

on December 31.

Chemotherapeutic waste means waste

material resulting from the production

or use of antineoplastic agents used for

the purpose of stopping or reversing the

growth of malignant cells.

Clean lumber means wood or wood

products that have been cut or shaped

and include wet, air-dried, and kilndried wood products. Clean lumber

does not include wood products that

have been painted, pigment-stained, or

pressure-treated by compounds such as

chromate copper arsenate,

pentachlorophenol, and creosote.

Commercial and industrial solid

waste incineration (CISWI) unit means

any combustion device that combusts

commercial and industrial waste, as

defined in this subpart. The boundaries

of a CISWI unit are defined as, but not

limited to, the commercial or industrial

solid waste fuel feed system, grate

system, flue gas system, and bottom ash.

The CISWI unit does not include air

pollution control equipment or the

stack. The CISWI unit boundary starts at

the commercial and industrial solid

waste hopper (if applicable) and extends

through two areas:

(1) The combustion unit flue gas

system, which ends immediately after

the last combustion chamber.

(2) The combustion unit bottom ash

system, which ends at the truck loading

station or similar equipment that

transfers the ash to final disposal. It

includes all ash handling systems

connected to the bottom ash handling

system.

Commercial and industrial waste

means solid waste combusted in an

enclosed device using controlled flame

combustion without energy recovery

that is a distinct operating unit of any

commercial or industrial facility

(including field-erected, modular, and

custom built incineration units

operating with starved or excess air), or

solid waste combusted in an air curtain

incinerator without energy recovery that

is a distinct operating unit of any

commercial or industrial facility.

Contained gaseous material means

gases that are in a container when that

container is combusted.

Cyclonic barrel burner means a

combustion device for waste materials

that is attached to a 55 gallon, openhead drum. The device consists of a lid,

which fits onto and encloses the drum,

and a blower that forces combustion air

into the drum in a cyclonic manner to

enhance the mixing of waste material

and air.

Deviation means any instance in

which an affected source subject to this

subpart, or an owner or operator of such

a source:

(1) Fails to meet any requirement or

obligation established by this subpart,

including but not limited to any

emission limitation, operating limit, or

operator qualification and accessibility

requirements;

(2) Fails to meet any term or condition

that is adopted to implement an

applicable requirement in this subpart

and that is included in the operating

permit for any affected source required

to obtain such a permit; or

(3) Fails to meet any emission

limitation, operating limit, or operator

qualification and accessibility

requirement in this subpart during

startup, shutdown, or malfunction,

regardless or whether or not such failure

is permitted by this subpart.

Dioxins/furans means tetra- through

octachlorinated dibenzo-p-dioxins and

dibenzofurans.

Discard means, for purposes of this

subpart and 40 CFR part 60, subpart

DDDD, only, burned in an incineration

unit without energy recovery.

Drum reclamation unit means a unit

that burns residues out of drums (e.g.,

55 gallon drums) so that the drums can

be reused.

Energy recovery means the process of

recovering thermal energy from

combustion for useful purposes such as

steam generation or process heating.

Fabric filter means an add-on air

pollution control device used to capture

particulate matter by filtering gas

streams through filter media, also

known as a baghouse.

Low-level radioactive waste means

waste material which contains

radioactive nuclides emitting primarily

beta or gamma radiation, or both, in

concentrations or quantities that exceed

applicable Federal or State standards for

unrestricted release. Low-level

radioactive waste is not high-level

radioactive waste, spent nuclear fuel, or

byproduct material as defined by the

Atomic Energy Act of 1954 (42 U.S.C.

2014(e)(2)).

Malfunction means any sudden,

infrequent, and not reasonably

preventable failure of air pollution

control equipment, process equipment,

or a process to operate in a normal or

usual manner. Failures that are caused,

in part, by poor maintenance or careless

operation are not malfunctions.

Modification or modified CISWI unit

means a CISWI unit you have changed

later than June 1, 2001 and that meets

one of two criteria:

(1) The cumulative cost of the changes

over the life of the unit exceeds 50

percent of the original cost of building

and installing the CISWI unit (not

including the cost of land) updated to

current costs (current dollars). To

determine what systems are within the

boundary of the CISWI unit used to

calculate these costs, see the definition

of CISWI unit.

(2) Any physical change in the CISWI

unit or change in the method of

operating it that increases the amount of

any air pollutant emitted for which

section 129 or section 111 of the Clean

Air Act has established standards.

Part reclamation unit means a unit

that burns coatings off parts (e.g., tools,

equipment) so that the parts can be

reconditioned and reused.

Particulate matter means total

particulate matter emitted from CISWI

units as measured by Method 5 or

Method 29 of appendix A of this part.

Pathological waste means waste

material consisting of only human or

animal remains, anatomical parts, and/

or tissue, the bags/containers used to

collect and transport the waste material,

and animal bedding (if applicable).

Rack reclamation unit means a unit

that burns the coatings off racks used to

hold small items for application of a

coating. The unit burns the coating

overspray off the rack so the rack can be

reused.

Reconstruction means rebuilding a

CISWI unit and meeting two criteria:

(1) The reconstruction begins on or

after June 1, 2001.

(2) The cumulative cost of the

construction over the life of the

incineration unit exceeds 50 percent of

the original cost of building and

installing the CISWI unit (not including

land) updated to current costs (current

dollars). To determine what systems are

within the boundary of the CISWI unit

75360 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

used to calculate these costs, see the

definition of CISWI unit.

Refuse-derived fuel means a type of

municipal solid waste produced by

processing municipal solid waste

through shredding and size

classification. This includes all classes

of refuse-derived fuel including two

fuels:

(1) Low-density fluff refuse-derived

fuel through densified refuse-derived

fuel.

(2) Pelletized refuse-derived fuel.

Shutdown means the period of time

after all waste has been combusted in

the primary chamber.

Solid waste means any garbage,

refuse, sludge from a waste treatment

plant, water supply treatment plant, or

air pollution control facility and other

discarded material, including solid,

liquid, semisolid, or contained gaseous

material resulting from industrial,

commercial, mining, agricultural

operations, and from community

activities, but does not include solid or

dissolved material in domestic sewage,

or solid or dissolved materials in

irrigation return flows or industrial

discharges which are point sources

subject to permits under section 402 of

the Federal Water Pollution Control Act,

as amended (33 U.S.C. 1342), or source,

special nuclear, or byproduct material

as defined by the Atomic Energy Act of

1954, as amended (42 U.S.C. 2014). For

purposes of this subpart and 40 CFR

part 60, subpart DDDD, only, solid

waste does not include the waste

burned in the fifteen types of units

described in § 60.2020.

Standard conditions, when referring

to units of measure, means a

temperature of 68°F (20°C) and a

pressure of 1 atmosphere (101.3

kilopascals).

Startup period means the period of

time between the activation of the

system and the first charge to the unit.

Wet scrubber means an add-on air

pollution control device that utilizes an

aqueous or alkaline scrubbing liquor to

collect particulate matter (including

nonvaporous metals and condensed

organics) and/or to absorb and

neutralize acid gases.

Wood waste means untreated wood

and untreated wood products, including

tree stumps (whole or chipped), trees,

tree limbs (whole or chipped), bark,

sawdust, chips, scraps, slabs, millings,

and shavings. Wood waste does not

include:

(1) Grass, grass clippings, bushes,

shrubs, and clippings from bushes and

shrubs from residential, commercial/

retail, institutional, or industrial sources

as part of maintaining yards or other

private or public lands.

(2) Construction, renovation, or

demolition wastes.

(3) Clean lumber.

TABLE 1 TO SUBPART CCCC—EMISSION LIMITATIONS

For the air pollutant You must meet this emission

limitation a Using this averaging time And determining complianceusing this method

Dioxins/furans (toxic equivalency

basis).

0.41 nanograms per dry standard

cubic meter.

3-run average (1 hour minimum

sample time per run).

Performance test (Method 23 of

Appendix A of this part).

Hydrogen chloride ........................... 62 parts per million by dry volume 3-run average (1 hour volume

minimum sample time per run).

Performance test (Method 26A of

appendix A of this part).

Lead ................................................ 0.04 milligrams per dry standard

cubic meter.

3-run average (1 hour minimum

sample time per run).

Performance test (Method 29 of

appendix A of this part).

Mercury ........................................... 0.47 milligrams per dry standard

cubic meter.

3-run average (1 hour minimum

sample time per run).

Performance test (Method 29 of

appendix A of this part).

Opacity ............................................ 10 percent .................................... 6-minute averages ....................... Performance test (Method 9 of

appendix A of this part).

Oxides of nitrogen ........................... 388 parts per million by dry volume.3-run average (1 hour minimum

sample time per run).

Performance test (Method 7, 7A,

7C, 7D, or 7E of appendix A of

this part)

Particulate matter ............................ 70 milligrams per dry standard

cubic meter.

3-run average (1 hour minimum

sample time per run).

Performance test (Method 5 or 29

of appendix A of this part).

Sulfur dioxide .................................. 20 parts per million by dry volume 3-run average (1 hour volume

minimum sample time per run).

Performance test (Method 6 or 6c

of appendix A of this part).

aAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

TABLE 2 TO SUBPART CCCC—OPERATING LIMITS FOR WET SCRUBBERS

For these operating

parameters

You must establish these

operating limits

And monitoring using these minimum frequencies

Data measurement Data recording Averaging time

Charge rate ......................... Maximum charge rate ....... Continuous ....................... Every hour ........................ Daily (batch units) 3-hour

rolling (continuous and

intermittent units) a

Pressure drop across the

wet scrubber or amperage to wet scrubber.

Minimum pressure drop or

amperage.

Continuous ....................... Every 15 minutes ............. 3-hour rolling a

Scrubber liquor flow rate ..... Minimum flow rate ............ Continuous ....................... Every 15 minutes ............. 3-hour rolling a

Scrubber liquor pH .............. Minimum pH ..................... Continuous ....................... Every 15 minutes ............. 3-hour rolling a

a Calculated each hour as the average of the previous 3 operating hours.

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75361

TABLE 3 TO SUBPART CCCC—TOXIC EQUIVALENCY FACTORS

Dioxin/furan congener Toxic equivalency factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin ............................................................................................................................................ 1

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ........................................................................................................................................ 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin .................................................................................................................................. 0.01

octachlorinated dibenzo-p-dioxin ......................................................................................................................................................... 0.001

2,3,7,8-tetrachlorinated dibenzofuran .................................................................................................................................................. 0.1

2,3,4,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 0.5

1,2,3,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 0.05

1,2,3,4,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

1,2,3,7,8,9-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

2,3,4,6,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzofuran ....................................................................................................................................... 0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran ....................................................................................................................................... 0.01

octachlorinated dibenzofuran ............................................................................................................................................................... 0.001

TABLE 4 TO SUBPART CCCC—SUMMARY OF REPORTING REQUIREMENTS a

Report Due date Contents Reference

Preconstruction report .. Prior to commencing construction .................... • Statement of intent to construct ....................

• Anticipated date of commencement of construction

• Documentation for siting requirements

• Waste management plan

• Anticipated date of initial startup

§ 60.2190

Startup notification ........ Prior to initial startup ......................................... • Type of waste to be burned ..........................

• Maximum design waste burning capacity

• Anticipated maximum charge rate

• If applicable, the petition for site-specific operating limits

§ 60.2195

Initial test report ............ No later than 60 days following the initial performance test• Complete test report for the initial performance test

• The values for the site-specific operating

limits

• Installation of bag leak detection system for

fabric filter

§ 60.2200

Annual report ................ No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more than 12

months following the previous report.

• Name and address ........................................

• Statement and signature by responsible official

• Date of report

• Values for the operating limits

• If no deviations or malfunctions were reported, a statement that no deviations occurred during the reporting period

• Highest recorded 3-hour average and the

lowest 3-hour average, as applicable, for

each operating parameter recorded for the

calendar year being reported

• Information for deviations or malfunctions

recorded under § 60.2175(b)(6) and (c)

through (e)

• If a performance test was conducted during

the reporting period, the results of the test

• If a performance test was not conducted

during the reporting period, a statement that

the requirements of § 60.2155(a) or (b) were

met

• Documentation of periods when all qualified

CISWI unit operators were unavailable for

more than 8 hours but less than 2 weeks

§§ 60.2205 and

60.2210

75362 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

TABLE 4 TO SUBPART CCCC—SUMMARY OF REPORTING REQUIREMENTS a—Continued

Report Due date Contents Reference

Emission limitation or

operating limit deviation report.

By August 1 of that year for data collected

during the first half of the calendar year. By

February 1 of the following year for data collected during the second half of the calendar

year.

• Dates and times of deviation ........................

• Averaged and recorded data for those dates

• Duration and causes of each deviation and

the corrective actions taken

• Copy of operating limit monitoring data and

any test reports

• Dates, times, and causes for monitor downtime incidents

• Whether each deviation occurred during a

period of startup, shutdown, or malfunction

§ 60.2215 and

60.2220

Qualified operator deviation notification.Within 10 days of deviation .............................. • Statement of cause of deviation ...................

• Description of efforts to have an accessible

qualified operator

• The date a qualified operator will be accessible

§ 60.2225(a)(1)

Qualified operator deviation status report.Every 4 weeks following deviation ................... • Description of efforts to have an accessible

qualified operator

• The date a qualified operator will be accessible

• Request for approval to continue operation

§ 60.2225(a)(2)

Qualified operator deviation notification of

resumed operation.

Prior to resuming operation .............................. • Notification that you are resuming operation § 60.2225(b)

aThis table is only a summary, see the referenced sections of the rule for the complete requirements.

3. Part 60 is amended by adding

subpart DDDD to read as follows:

Subpart DDDD—Emissions Guidelines

and Compliance Times for Commercial

and Industrial Solid Waste Incineration

Units that Commenced Construction

On or Before November 30, 1999

Sec.

Introduction

60.2500 What is the purpose of this

subpart?

60.2505 Am I affected by this subpart?

60.2510 Is a State plan required for all

States?

60.2515 What must I include in my State

plan?

60.2520 Is there an approval process for my

State plan?

60.2525 What if my State plan is not

approvable?

60.2530 Is there an approval process for a

negative declaration letter?

60.2535 What compliance schedule must I

include in my State plan?

60.2540 Are there any State plan

requirements for this subpart that apply

instead of the requirements specified in

subpart B?

60.2545 Does this subpart directly affect

CISWI unit owners and operators in my

State?

Applicability of State Plans

60.2550 What CISWI units must I address

in my State plan?

60.2555 What combustion units are exempt

from my State plan?

60.2558 What if a chemical recovery unit is

not listed in § 60.2555(n)?

Use of Model Rule

60.2560 What is the ‘‘model rule’’ in this

subpart?

60.2565 How does the model rule relate to

the required elements of my State plan?

60.2570 What are the principal components

of the model rule?

Model Rule—Increments of Progress

60.2575 What are my requirements for

meeting increments of progress and

achieving final compliance?

60.2580 When must I complete each

increment of progress?

60.2585 What must I include in the

notifications of achievement of

increments of progress?

60.2590 When must I submit the

notifications of achievement of

increments of progress?

60.2595 What if I do not meet an increment

of progress?

60.2600 How do I comply with the

increment of progress for submittal of a

control plan?

60.2605 How do I comply with the

increment of progress for achieving final

compliance?

60.2610 What must I do if I close my CISWI

unit and then restart it?

60.2615 What must I do if I plan to

permanently close my CISWI unit and

not restart it?

Model Rule—Waste Management Plan

60.2620 What is a waste management plan?

60.2625 When must I submit my waste

management plan?

60.2630 What should I include in my waste

management plan?

Model Rule—Operator Training and

Qualification

60.2635 What are the operator training and

qualification requirements?

60.2640 When must the operator training

course be completed?

60.2645 How do I obtain my operator

qualification?

60.2650 How do I maintain my operator

qualification?

60.2655 How do I renew my lapsed

operator qualification?

60.2660 What site-specific documentation

is required?

60.2665 What if all the qualified operators

are temporarily not accessible?

Model Rule—Emission Limitations and

Operating Limits

60.2670 What emission limitations must I

meet and by when?

60.2675 What operating limits must I meet

and by when?

60.2680 What if I do not use a wet scrubber

to comply with the emission limitations?

60.2685 What happens during periods of

startup, shutdown, and malfunction?

Model Rule—Performance Testing

60.2690 How do I conduct the initial and

annual performance test?

60.2695 How are the performance test data

used?

Model Rule—Initial Compliance

Requirements

60.2700 How do I demonstrate initial

compliance with the emission

limitations and establish the operating

limits?

60.2705 By what date must I conduct the

initial performance test?

Model Rule—Continuous Compliance

Requirements

60.2710 How do I demonstrate continuous

compliance with the emission

limitations and the operating limits?

60.2715 By what date must I conduct the

annual performance test?

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75363

60.2720 May I conduct performance testing

less often?

60.2725 May I conduct a repeat

performance test to establish new

operating limits?

Model Rule—Monitoring

60.2730 What monitoring equipment must I

install and what parameters must I

monitor?

60.2735 Is there a minimum amount of

monitoring data I must obtain?

Model Rule—Recordkeeping and Reporting

60.2740 What records must I keep?

60.2745 Where and in what format must I

keep my records?

60.2750 What reports must I submit?

60.2755 When must I submit my waste

management plan?

60.2760 What information must I submit

following my initial performance test?

60.2765 When must I submit my annual

report?

60.2770 What information must I include in

my annual report?

60.2775 What else must I report if I have a

deviation from the operating limits or the

emission limitations?

60.2780 What must I include in the

deviation report?

60.2785 What else must I report if I have a

deviation from the requirement to have

a qualified operator accessible?

60.2790 Are there any other notifications or

reports that I must submit?

60.2795 In what form can I submit my

reports?

60.2800 Can reporting dates be changed?

Model Rule—Title V Operating Permits

60.2805 Am I required to apply for and

obtain a title V operating permit for my

unit?

Model Rule—Air Curtain Incinerators

60.2810 What is an air curtain incinerator?

60.2815 What are my requirements for

meeting increments of progress and

achieving final compliance?

60.2820 When must I complete each

increment of progress?

60.2825 What must I include in the

notifications of achievement of

increments of progress?

60.2830 When must I submit the

notifications of achievement of

increments of progress?

60.2835 What if I do not meet an increment

of progress?

60.2840 How do I comply with the

increment of progress for submittal of a

control plan?

60.2845 How do I comply with the

increment of progress for achieving final

compliance?

60.2850 What must I do if I close my air

curtain incinerator and then restart it?

60.2855 What must I do if I plan to

permanently close my air curtain

incinerator and not restart it?

60.2860 What are the emission limitations

for air curtain incinerators?

60.2865 How must I monitor opacity for air

curtain incinerators?

60.2870 What are the recordkeeping and

reporting requirements for air curtain

incinerators?

Model Rule—Definitions

60.2875 What definitions must I know?

Tables to Subpart DDDD

Table 1 to Subpart DDDD—Model Rule—

Increments of Progress and Compliance

Schedules

Table 2 to Subpart DDDD—Model Rule—

Emission Limitations

Table 3 to Subpart DDDD—Model Rule—

Operating Limits for Wet Scrubbers

Table 4 to Subpart DDDD—Model Rule—

Toxic Equivalency Factors

Table 5 to Subpart DDDD—Model Rule—

Summary of Reporting Requirements

Introduction

§ 60.2500 What is the purpose of this

subpart?

This subpart establishes emission

guidelines and compliance schedules

for the control of emissions from

commercial and industrial solid waste

incineration (CISWI) units. The

pollutants addressed by these emission

guidelines are listed in Table 2 of this

subpart. These emission guidelines are

developed in accordance with sections

111(d) and 129 of the Clean Air Act and

subpart B of this part.

§ 60.2505 Am I affected by this subpart?

(a) If you are the Administrator of an

air quality program in a State or United

States protectorate with one or more

existing CISWI units that commenced

construction on or before November 30,

1999, you must submit a State plan to

U.S. Environmental Protection Agency

(EPA) that implements the emission

guidelines contained in this subpart.

(b) You must submit the State plan to

EPA by December 3, 2001.

§ 60.2510 Is a State plan required for all

States?

No. You are not required to submit a

State plan if there are no existing CISWI

units in your State, and you submit a

negative declaration letter in place of

the State plan.

§ 60.2515 What must I include in my State

plan?

(a) You must include the nine items

described in paragraphs (a)(1) through

(9) of this section in your State plan.

(1) Inventory of affected CISWI units,

including those that have ceased

operation but have not been dismantled.

(2) Inventory of emissions from

affected CISWI units in your State.

(3) Compliance schedules for each

affected CISWI unit.

(4) Emission limitations, operator

training and qualification requirements,

a waste management plan, and

operating limits for affected CISWI units

that are at least as protective as the

emission guidelines contained in this

subpart.

(5) Performance testing,

recordkeeping, and reporting

requirements.

(6) Certification that the hearing on

the State plan was held, a list of

witnesses and their organizational

affiliations, if any, appearing at the

hearing, and a brief written summary of

each presentation or written

submission.

(7) Provision for State progress reports

to EPA.

(8) Identification of enforceable State

mechanisms that you selected for

implementing the emission guidelines

of this subpart.

(9) Demonstration of your State’s legal

authority to carry out the sections

111(d) and 129 State plan.

(b) Your State plan may deviate from

the format and content of the emission

guidelines contained in this subpart.

However, if your State plan does deviate

in content, you must demonstrate that

your State plan is at least as protective

as the emission guidelines contained in

this subpart. Your State plan must

address regulatory applicability,

increments of progress for retrofit,

operator training and qualification, a

waste management plan, emission

limitations, performance testing,

operating limits, monitoring,

recordkeeping and reporting, and air

curtain incinerator requirements.

(c) You must follow the requirements

of subpart B of this part (Adoption and

Submittal of State Plans for Designated

Facilities) in your State plan.

§ 60.2520 Is there an approval process for

my State plan?

Yes. The EPA will review your State

plan according to § 60.27.

§ 60.2525 What if my State plan is not

approvable?

If you do not submit an approvable

State plan (or a negative declaration

letter) by December 2, 2002, EPA will

develop a Federal plan according to

§ 60.27 to implement the emission

guidelines contained in this subpart.

Owners and operators of CISWI units

not covered by an approved State plan

must comply with the Federal plan. The

Federal plan is an interim action and

will be automatically withdrawn when

your State plan is approved.

§ 60.2530 Is there an approval process for

a negative declaration letter?

No. The EPA has no formal review

process for negative declaration letters.

Once your negative declaration letter

has been received, EPA will place a

75364 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

copy in the public docket and publish

a notice in the Federal Register. If, at a

later date, an existing CISWI unit is

found in your State, the Federal plan

implementing the emission guidelines

contained in this subpart would

automatically apply to that CISWI unit

until your State plan is approved.

§ 60.2535 What compliance schedule must

I include in my State plan?

(a) Your State plan must include

compliance schedules that require

CISWI units to achieve final compliance

as expeditiously as practicable after

approval of the State plan but not later

than the earlier of the two dates

specified in paragraphs (a)(1) and (2) of

this section.

(1) December 1, 2005.

(2) Three years after the effective date

of State plan approval.

(b) For compliance schedules more

than 1 year following the effective date

of State plan approval, State plans must

include dates for enforceable increments

of progress as specified in § 60.2580.

§ 60.2540 Are there any State plan

requirements for this subpart that apply

instead of the requirements specified in

subpart B?

Yes. Subpart B establishes general

requirements for developing and

processing section 111(d) plans. This

subpart applies instead of the

requirements in subpart B of this part

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

(a) State plans developed to

implement this subpart must be as

protective as the emission guidelines

contained in this subpart. State plans

must require all CISWI units to comply

by December 1, 2005 or 3 years after the

effective date of State plan approval,

whichever is sooner. This applies

instead of the option for case-by-case

less stringent emission standards and

longer compliance schedules in

§ 60.24(f).

(b) State plans developed to

implement this subpart are required to

include two increments of progress for

the affected CISWI units. These two

minimum increments are the final

control plan submittal date and final

compliance date in § 60.21(h)(1) and (5).

This applies instead of the requirement

of § 60.24(e)(1) that would require a

State plan to include all five increments

of progress for all CISWI units.

§ 60.2545 Does this subpart directly affect

CISWI unit owners and operators in my

State?

(a) No. This subpart does not directly

affect CISWI unit owners and operators

in your State. However, CISWI unit

owners and operators must comply with

the State plan you develop to

implement the emission guidelines

contained in this subpart. States may

choose to incorporate the model rule

text directly in their State plan.

(b) If you do not submit an approvable

plan to implement and enforce the

guidelines contained in this subpart by

December 2, 2002, the EPA will

implement and enforce a Federal plan,

as provided in § 60.2525, to ensure that

each unit within your State reaches

compliance with all the provisions of

this subpart by December 1, 2005.

Applicability of State Plans

§ 60.2550 What CISWI units must I address

in my State plan?

(a) Your State plan must address

incineration units that meet all three

criteria described in paragraphs (a)(1)

through (3) of this section.

(1) Incineration units in your State

that commenced construction on or

before November 30, 1999.

(2) Incineration units that meet the

definition of a CISWI unit as defined in

§ 60.2875.

(3) Incineration units not exempt

under § 60.2555.

(b) If the owner or operator of a CISWI

unit makes changes that meet the

definition of modification or

reconstruction on or after June 1, 2001,

the CISWI unit becomes subject to

subpart CCCC of this part and the State

plan no longer applies to that unit.

(c) If the owner or operator of a CISWI

unit makes physical or operational

changes to an existing CISWI unit

primarily to comply with your State

plan, subpart CCCC of this part does not

apply to that unit. Such changes do not

qualify as modifications or

reconstructions under subpart CCCC of

this part.

§ 60.2555 What combustion units are

exempt from my State plan?

This subpart exempts fifteen types of

units described in paragraphs (a)

through (o) of this section.

(a) Pathological waste incineration

units. Incineration units burning 90

percent or more by weight (on a

calendar quarter basis and excluding the

weight of auxiliary fuel and combustion

air) of pathological waste, low-level

radioactive waste, and/or

chemotherapeutic waste as defined in

§ 60.2875 are not subject to this subpart

if you meet the two requirements

specified in paragraphs (a)(1) and (2) of

this section.

(1) Notify the Administrator that the

unit meets these criteria.

(2) Keep records on a calendar quarter

basis of the weight of pathological

waste, low-level radioactive waste, and/

or chemotherapeutic waste burned, and

the weight of all other fuels and wastes

burned in the unit.

(b) Agricultural waste incineration

units. Incineration units burning 90

percent or more by weight (on a

calendar quarter basis and excluding the

weight of auxiliary fuel and combustion

air) of agricultural wastes as defined in

§ 60.2875 are not subject to this subpart

if you meet the two requirements

specified in paragraphs (b)(1) and (2) of

this section.

(1) Notify the Administrator that the

unit meets these criteria.

(2) Keep records on a calendar quarter

basis of the weight of agricultural waste

burned, and the weight of all other fuels

and wastes burned in the unit.

(c) Municipal waste combustion units.

Incineration units that meet either of the

two criteria specified in paragraphs

(c)(1) or (2) of this section.

(1) Are regulated under subpart Ea of

this part (Standards of Performance for

Municipal Waste Combustors); subpart

Eb of this part (Standards of

Performance for Municipal Waste

Combustors for Which Construction is

Commenced After September 20, 1994);

subpart Cb of this part (Emission

Guidelines and Compliance Time for

Large Municipal Combustors that are

Constructed on or Before September 20,

1994); subpart AAAA of this part

(Standards of Performance for New

Stationary Sources: Small Municipal

Waste Combustion Units); or subpart

BBBB of this part (Emission Guidelines

for Existing Stationary Sources: Small

Municipal Waste Combustion Units).

(2) Burn greater than 30 percent

municipal solid waste or refuse-derived

fuel, as defined in subpart Ea, subpart

Eb, subpart AAAA, and subpart BBBB,

and that have the capacity to burn less

than 35 tons (32 megagrams) per day of

municipal solid waste or refuse-derived

fuel, if you meet the two requirements

in paragraphs (c)(2)(i) and (ii) of this

section.

(i) Notify the Administrator that the

unit meets these criteria.

(ii) Keep records on a calendar quarter

basis of the weight of municipal solid

waste burned, and the weight of all

other fuels and wastes burned in the

unit.

(d) Medical waste incineration units.

Incineration units regulated under

subpart Ec of this part (Standards of

Performance for Hospital/Medical/

Infectious Waste Incinerators for Which

Construction is Commenced After June

20, 1996) or subpart Ca of this part

(Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious

Waste Incinerators).

(e) Small power production facilities.

Units that meet the three requirements

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75365

specified in paragraphs (e)(1) through

(3) of this section.

(1) The unit qualifies as a small

power-production facility under section

3(17)(C) of the Federal Power Act (16

U.S.C. 796(17)(C)).

(2) The unit burns homogeneous

waste (not including refuse-derived

fuel) to produce electricity.

(3) You notify the Administrator that

the unit meets all of these criteria.

(f) Cogeneration facilities. Units that

meet the three requirements specified in

paragraphs (f)(1) through (3) of this

section.

(1) The unit qualifies as a

cogeneration facility under section

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

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

(2) The unit burns homogeneous

waste (not including refuse-derived

fuel) to produce electricity and steam or

other forms of energy used for

industrial, commercial, heating, or

cooling purposes.

(3) You notify the Administrator that

the unit meets all of these criteria.

(g) Hazardous waste combustion

units. Units that meet either of the two

criteria specified in paragraph (g)(1) or

(2) of this section.

(1) Units for which you are required

to get a permit under section 3005 of the

Solid Waste Disposal Act.

(2) Units regulated under subpart EEE

of 40 CFR part 63 (National Emission

Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors).

(h) Materials recovery units. Units

that combust waste for the primary

purpose of recovering metals, such as

primary and secondary smelters.

(i) Air curtain incinerators. Air

curtain incinerators that burn only the

materials listed in paragraphs (i)(1)

through (3) of this section are only

required to meet the requirements under

‘‘Air Curtain Incinerators’’ (§§ 60.2810

through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

(j) Cyclonic barrel burners. (See

§ 60.2875)

(k) Rack, part, and drum reclamation

units. (See § 60.2875)

(l) Cement kilns. Kilns regulated

under subpart LLL of part 63 of this

chapter (National Emission Standards

for Hazardous Air Pollutants from the

Portland Cement Manufacturing

Industry).

(m) Sewage sludge incinerators.

Incineration units regulated under

subpart O of this part (Standards of

Performance for Sewage Treatment

Plants).

(n) Chemical recovery units.

Combustion units burning materials to

recover chemical constituents or to

produce chemical compounds where

there is an existing commercial market

for such recovered chemical

constituents or compounds. The seven

types of units described in paragraphs

(n)(1) through (7) of this section are

considered chemical recovery units.

(1) Units burning only pulping liquors

(i.e., black liquor) that are reclaimed in

a pulping liquor recovery process and

reused in the pulping process.

(2) Units burning only spent sulfuric

acid used to produce virgin sulfuric

acid.

(3) Units burning only wood or coal

feedstock for the production of charcoal.

(4) Units burning only manufacturing

byproduct streams/residues containing

catalyst metals which are reclaimed and

reused as catalysts or used to produce

commercial grade catalysts.

(5) Units burning only coke to

produce purified carbon monoxide that

is used as an intermediate in the

production of other chemical

compounds.

(6) Units burning only hydrocarbon

liquids or solids to produce hydrogen,

carbon monoxide, synthesis gas, or

other gases for use in other

manufacturing processes.

(7) Units burning only photographic

film to recover silver.

(o) Laboratory analysis units. Units

that burn samples of materials for the

purpose of chemical or physical

analysis.

§ 60.2558 What if a chemical recovery unit

is not listed in § 60.2555(n)?

(a) If a chemical recovery unit is not

listed in § 60.2555(n), the owner or

operator of the unit can petition the

Administrator to add the unit to the list.

The petition must contain the six items

in paragraphs (a)(1) through (6) of this

section.

(1) A description of the source of the

materials being burned.

(2) A description of the composition

of the materials being burned,

highlighting the chemical constituents

in these materials that are recovered.

(3) A description (including a process

flow diagram) of the process in which

the materials are burned, highlighting

the type, design, and operation of the

equipment used in this process.

(4) A description (including a process

flow diagram) of the chemical

constituent recovery process,

highlighting the type, design, and

operation of the equipment used in this

process.

(5) A description of the commercial

markets for the recovered chemical

constituents and their use.

(6) The composition of the recovered

chemical constituents and the

composition of these chemical

constituents as they are bought and sold

in commercial markets.

(b) Until the Administrator approves

the petition, the incineration unit is

covered by this subpart.

(c) If a petition is approved, the

Administrator will amend § 60.2555(n)

to add the unit to the list of chemical

recovery units.

Use of Model Rule

§ 60.2560 What is the ‘‘model rule’’ in this

subpart?

(a) The model rule is the portion of

these emission guidelines (§§ 60.2575

through 60.2875) that addresses the

regulatory requirements applicable to

CISWI units. The model rule provides

these requirements in regulation format.

You must develop a State plan that is at

least as protective as the model rule.

You may use the model rule language as

part of your State plan. Alternative

language may be used in your State plan

if you demonstrate that the alternative

language is at least as protective as the

model rule contained in this subpart.

(b) In the model rule of §§ 60.2575 to

60.2875, ‘‘you’’ means the owner or

operator of a CISWI unit.

§ 60.2565 How does the model rule relate

to the required elements of my State plan?

Use the model rule to satisfy the State

plan requirements specified in

§ 60.2515(a)(4) and (5).

§ 60.2570 What are the principal

components of the model rule?

The model rule contains the eleven

major components listed in paragraphs

(a) through (k) of this section.

(a) Increments of progress toward

compliance.

(b) Waste management plan.

(c) Operator training and

qualification.

(d) Emission limitations and operating

limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance

requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

Model Rule—Increments of Progress

§ 60.2575 What are my requirements for

meeting increments of progress and

achieving final compliance?

If you plan to achieve compliance

more than 1 year following the effective

date of State plan approval, you must

meet the two increments of progress

specified in paragraphs (a) and (b) of

this section.

75366 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

(a) Submit a final control plan.

(b) Achieve final compliance.

§ 60.2580 When must I complete each

increment of progress?

Table 1 of this subpart specifies

compliance dates for each of the

increments of progress.

§ 60.2585 What must I include in the

notifications of achievement of increments

of progress?

Your notification of achievement of

increments of progress must include the

three items specified in paragraphs (a)

through (c) of this section.

(a) Notification that the increment of

progress has been achieved.

(b) Any items required to be

submitted with each increment of

progress.

(c) Signature of the owner or operator

of the CISWI unit.

§ 60.2590 When must I submit the

notifications of achievement of increments

of progress?

Notifications for achieving increments

of progress must be postmarked no later

than 10 business days after the

compliance date for the increment.

§ 60.2595 What if I do not meet an

increment of progress?

If you fail to meet an increment of

progress, you must submit a notification

to the Administrator postmarked within

10 business days after the date for that

increment of progress in Table 1 of this

subpart. You must inform the

Administrator that you did not meet the

increment, and you must continue to

submit reports each subsequent

calendar month until the increment of

progress is met.

§ 60.2600 How do I comply with the

increment of progress for submittal of a

control plan?

For your control plan increment of

progress, you must satisfy the two

requirements specified in paragraphs (a)

and (b) of this section.

(a) Submit the final control plan that

includes the five items described in

paragraphs (a)(1) through (5) of this

section.

(1) A description of the devices for air

pollution control and process changes

that you will use to comply with the

emission limitations and other

requirements of this subpart.

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

(3) The maximum design waste

burning capacity.

(4) The anticipated maximum charge

rate.

(5) If applicable, the petition for sitespecific operating limits under

§ 60.2680.

(b) Maintain an onsite copy of the

final control plan.

§ 60.2605 How do I comply with the

increment of progress for achieving final

compliance?

For the final compliance increment of

progress, you must complete all process

changes and retrofit construction of

control devices, as specified in the final

control plan, so that, if the affected

CISWI unit is brought online, all

necessary process changes and air

pollution control devices would operate

as designed.

§ 60.2610 What must I do if I close my

CISWI unit and then restart it?

(a) If you close your CISWI unit but

will restart it prior to the final

compliance date in your State plan, you

must meet the increments of progress

specified in § 60.2575.

(b) If you close your CISWI unit but

will restart it after your final compliance

date, you must complete emission

control retrofits and meet the emission

limitations and operating limits on the

date your unit restarts operation.

§ 60.2615 What must I do if I plan to

permanently close my CISWI unit and not

restart it?

If you plan to close your CISWI unit

rather than comply with the State plan,

submit a closure notification, including

the date of closure, to the Administrator

by the date your final control plan is

due.

Model Rule—Waste Management Plan

§ 60.2620 What is a waste management

plan?

A waste management plan is a written

plan that identifies both the feasibility

and the methods used to reduce or

separate certain components of solid

waste from the waste stream in order to

reduce or eliminate toxic emissions

from incinerated waste.

§ 60.2625 When must I submit my waste

management plan?

You must submit a waste management

plan no later than the date specified in

Table 1 of this subpart for submittal of

the final control plan.

§ 60.2630 What should I include in my

waste management plan?

A waste management plan must

include consideration of the reduction

or separation of waste-stream elements

such as paper, cardboard, plastics, glass,

batteries, or metals; or the use of

recyclable materials. The plan must

identify any additional waste

management measures, and the source

must implement those measures

considered practical and feasible, based

on the effectiveness of waste

management measures already in place,

the costs of additional measures, the

emissions reductions expected to be

achieved, and any other environmental

or energy impacts they might have.

Model Rule—Operator Training and

Qualification

§ 60.2635 What are the operator training

and qualification requirements?

(a) No CISWI unit can be operated

unless a fully trained and qualified

CISWI unit operator is accessible, either

at the facility or can be at the facility

within 1 hour. The trained and qualified

CISWI unit operator may operate the

CISWI unit directly or be the direct

supervisor of one or more other plant

personnel who operate the unit. If all

qualified CISWI unit operators are

temporarily not accessible, you must

follow the procedures in § 60.2665.

(b) Operator training and qualification

must be obtained through a Stateapproved program or by completing the

requirements included in paragraph (c)

of this section.

(c) Training must be obtained by

completing an incinerator operator

training course that includes, at a

minimum, the three elements described

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

section.

(1) Training on the eleven subjects

listed in paragraphs (c)(1)(i) through (xi)

of this section.

(i) Environmental concerns, including

types of emissions.

(ii) Basic combustion principles,

including products of combustion.

(iii) Operation of the specific type of

incinerator to be used by the operator,

including proper startup, waste

charging, and shutdown procedures.

(iv) Combustion controls and

monitoring.

(v) Operation of air pollution control

equipment and factors affecting

performance (if applicable).

(vi) Inspection and maintenance of

the incinerator and air pollution control

devices.

(vii) Actions to correct malfunctions

or conditions that may lead to

malfunction.

(viii) Bottom and fly ash

characteristics and handling procedures.

(ix) Applicable Federal, State, and

local regulations, including

Occupational Safety and Health

Administration workplace standards.

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and

administered by the instructor.

(3) Written material covering the

training course topics that can serve as

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75367

reference material following completion

of the course.

§ 60.2640 When must the operator training

course be completed?

The operator training course must be

completed by the later of the three dates

specified in paragraphs (a) through (c) of

this section.

(a) The final compliance date

(Increment 2).

(b) Six months after CISWI unit

startup.

(c) Six months after an employee

assumes responsibility for operating the

CISWI unit or assumes responsibility for

supervising the operation of the CISWI

unit.

§ 60.2645 How do I obtain my operator

qualification?

(a) You must obtain operator

qualification by completing a training

course that satisfies the criteria under

§ 60.2635(b).

(b) Qualification is valid from the date

on which the training course is

completed and the operator successfully

passes the examination required under

§ 60.2635(c)(2).

§ 60.2650 How do I maintain my operator

qualification?

To maintain qualification, you must

complete an annual review or refresher

course covering, at a minimum, the five

topics described in paragraphs (a)

through (e) of this section.

(a) Update of regulations.

(b) Incinerator operation, including

startup and shutdown procedures, waste

charging, and ash handling.

(c) Inspection and maintenance.

(d) Responses to malfunctions or

conditions that may lead to

malfunction.

(e) Discussion of operating problems

encountered by attendees.

§ 60.2655 How do I renew my lapsed

operator qualification?

You must renew a lapsed operator

qualification by one of the two methods

specified in paragraphs (a) and (b) of

this section.

(a) For a lapse of less than 3 years,

you must complete a standard annual

refresher course described in § 60.2650.

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

must repeat the initial qualification

requirements in § 60.2645(a).

§ 60.2660 What site-specific

documentation is required?

(a) Documentation must be available

at the facility and readily accessible for

all CISWI unit operators that addresses

the ten topics described in paragraphs

(a)(1) through (10) of this section. You

must maintain this information and the

training records required by paragraph

(c) of this section in a manner that they

can be readily accessed and are suitable

for inspection upon request.

(1) Summary of the applicable

standards under this subpart.

(2) Procedures for receiving, handling,

and charging waste.

(3) Incinerator startup, shutdown, and

malfunction procedures.

(4) Procedures for maintaining proper

combustion air supply levels.

(5) Procedures for operating the

incinerator and associated air pollution

control systems within the standards

established under this subpart.

(6) Monitoring procedures for

demonstrating compliance with the

incinerator operating limits.

(7) Reporting and recordkeeping

procedures.

(8) The waste management plan

required under §§ 60.2620 through

60.2630.

(9) Procedures for handling ash.

(10) A list of the wastes burned during

the performance test.

(b) You must establish a program for

reviewing the information listed in

paragraph (a) of this section with each

incinerator operator.

(1) The initial review of the

information listed in paragraph (a) of

this section must be conducted by the

later of the three dates specified in

paragraphs (b)(1)(i) through (iii) of this

section.

(i) The final compliance date

(Increment 2).

(ii) Six months after CISWI unit

startup.

(iii) Six months after being assigned to

operate the CISWI unit.

(2) Subsequent annual reviews of the

information listed in paragraph (a) of

this section must be conducted no later

than 12 months following the previous

review.

(c) You must also maintain the

information specified in paragraphs

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

(1) Records showing the names of

CISWI unit operators who have

completed review of the information in

§ 60.2660(a) as required by § 60.2660(b),

including the date of the initial review

and all subsequent annual reviews.

(2) Records showing the names of the

CISWI operators who have completed

the operator training requirements

under § 60.2635, met the criteria for

qualification under § 60.2645, and

maintained or renewed their

qualification under § 60.2650 or

§ 60.2655. Records must include

documentation of training, the dates of

the initial refresher training, and the

dates of their qualification and all

subsequent renewals of such

qualifications.

(3) For each qualified operator, the

phone and/or pager number at which

they can be reached during operating

hours.

§ 60.2665 What if all the qualified

operators are temporarily not accessible?

If all qualified operators are

temporarily not accessible (i.e., not at

the facility and not able to be at the

facility within 1 hour), you must meet

one of the two criteria specified in

paragraphs (a) and (b) of this section,

depending on the length of time that a

qualified operator is not accessible.

(a) When all qualified operators are

not accessible for more than 8 hours, but

less than 2 weeks, the CISWI unit may

be operated by other plant personnel

familiar with the operation of the CISWI

unit who have completed a review of

the information specified in § 60.2660(a)

within the past 12 months. However,

you must record the period when all

qualified operators were not accessible

and include this deviation in the annual

report as specified under § 60.2770.

(b) When all qualified operators are

not accessible for 2 weeks or more, you

must take the two actions that are

described in paragraphs (b)(1) and (2) of

this section.

(1) Notify the Administrator of this

deviation in writing within 10 days. In

the notice, state what caused this

deviation, what you are doing to ensure

that a qualified operator is accessible,

and when you anticipate that a qualified

operator will be accessible.

(2) Submit a status report to the

Administrator every 4 weeks outlining

what you are doing to ensure that a

qualified operator is accessible, stating

when you anticipate that a qualified

operator will be accessible and

requesting approval from the

Administrator to continue operation of

the CISWI unit. You must submit the

first status report 4 weeks after you

notify the Administrator of the

deviation under paragraph (b)(1) of this

section. If the Administrator notifies

you that your request to continue

operation of the CISWI unit is

disapproved, the CISWI unit may

continue operation for 90 days, then

must cease operation. Operation of the

unit may resume if you meet the two

requirements in paragraphs (b)(2)(i) and

(ii) of this section.

(i) A qualified operator is accessible

as required under § 60.2635(a).

(ii) You notify the Administrator that

a qualified operator is accessible and

that you are resuming operation.

75368 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

Model Rule—Emission Limitations and

Operating Limits

§ 60.2670 What emission limitations must I

meet and by when?

You must meet the emission

limitations specified in Table 2 of this

subpart on the date the initial

performance test is required or

completed (whichever is earlier).

§ 60.2675 What operating limits must I

meet and by when?

(a) If you use a wet scrubber to

comply with the emission limitations,

you must establish operating limits for

four operating parameters (as specified

in Table 3 of this subpart) as described

in paragraphs (a)(1) through (4) of this

section during the initial performance

test.

(1) Maximum charge rate, calculated

using one of the two different

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

as appropriate.

(i) For continuous and intermittent

units, maximum charge rate is 110

percent of the average charge rate

measured during the most recent

performance test demonstrating

compliance with all applicable emission

limitations.

(ii) For batch units, maximum charge

rate is 110 percent of the daily charge

rate measured during the most recent

performance test demonstrating

compliance with all applicable emission

limitations.

(2) Minimum pressure drop across the

wet scrubber, which is calculated as 90

percent of the average pressure drop

across the wet scrubber measured

during the most recent performance test

demonstrating compliance with the

particulate matter emission limitations;

or minimum amperage to the wet

scrubber, which is calculated as 90

percent of the average amperage to the

wet scrubber measured during the most

recent performance test demonstrating

compliance with the particulate matter

emission limitations.

(3) Minimum scrubber liquor flow

rate, which is calculated as 90 percent

of the average liquor flow rate at the

inlet to the wet scrubber measured

during the most recent performance test

demonstrating compliance with all

applicable emission limitations.

(4) Minimum scrubber liquor pH,

which is calculated as 90 percent of the

average liquor pH at the inlet to the wet

scrubber measured during the most

recent performance test demonstrating

compliance with the HCl emission

limitation.

(b) You must meet the operating

limits established during the initial

performance test on the date the initial

performance test is required or

completed (whichever is earlier).

(c) If you use a fabric filter to comply

with the emission limitations, you must

operate each fabric filter system such

that the bag leak detection system alarm

does not sound more than 5 percent of

the operating time during a 6-month

period. In calculating this operating

time percentage, if inspection of the

fabric filter demonstrates that no

corrective action is required, no alarm

time is counted. If corrective action is

required, each alarm shall be counted as

a minimum of 1 hour. If you take longer

than 1 hour to initiate corrective action,

the alarm time shall be counted as the

actual amount of time taken by you to

initiate corrective action.

§ 60.2680 What if I do not use a wet

scrubber to comply with the emission

limitations?

If you use an air pollution control

device other than a wet scrubber, or

limit emissions in some other manner,

to comply with the emission limitations

under § 60.2670, you must petition the

Administrator for specific operating

limits to be established during the

initial performance test and

continuously monitored thereafter. You

must not conduct the initial

performance test until after the petition

has been approved by the

Administrator. Your petition must

include the five items listed in

paragraphs (a) through (e) of this

section.

(a) Identification of the specific

parameters you propose to use as

additional operating limits.

(b) A discussion of the relationship

between these parameters and emissions

of regulated pollutants, identifying how

emissions of regulated pollutants

change with changes in these

parameters, and how limits on these

parameters will serve to limit emissions

of regulated pollutants.

(c) A discussion of how you will

establish the upper and/or lower values

for these parameters which will

establish the operating limits on these

parameters.

(d) A discussion identifying the

methods you will use to measure and

the instruments you will use to monitor

these parameters, as well as the relative

accuracy and precision of these methods

and instruments.

(e) A discussion identifying the

frequency and methods for recalibrating

the instruments you will use for

monitoring these parameters.

§ 60.2685 What happens during periods of

startup, shutdown, and malfunction?

(a) The emission limitations and

operating limits apply at all times

except during CISWI unit startups,

shutdowns, or malfunctions.

(b) Each malfunction must last no

longer than 3 hours.

Model Rule—Performance Testing

§ 60.2690 How do I conduct the initial and

annual performance test?

(a) All performance tests must consist

of a minimum of three test runs

conducted under conditions

representative of normal operations.

(b) You must document that the waste

burned during the performance test is

representative of the waste burned

under normal operating conditions by

maintaining a log of the quantity of

waste burned (as required in

§ 60.2740(b)(1)) and the types of waste

burned during the performance test.

(c) All performance tests must be

conducted using the minimum run

duration specified in Table 2 of this

subpart.

(d) Method 1 of appendix A of this

part must be used to select the sampling

location and number of traverse points.

(e) Method 3A or 3B of appendix A

of this part must be used for gas

composition analysis, including

measurement of oxygen concentration.

Method 3A or 3B of appendix A of this

part must be used simultaneously with

each method.

(f) All pollutant concentrations,

except for opacity, must be adjusted to

7 percent oxygen using Equation 1 of

this section:

Cadj = Cmeas (20.9¥7)/(20.9¥%O2)

(Eq. 1)

Where:

Cadj = pollutant concentration adjusted to 7

percent oxygen;

Cmeas = pollutant concentration measured on

a dry basis;

(20.9¥7) = 20.9 percent oxygen¥7 percent

oxygen (defined oxygen correction

basis);

20.9 = oxygen concentration in air, percent;

and

%O2 = oxygen concentration measured on a

dry basis, percent.

(g) You must determine dioxins/

furans toxic equivalency by following

the procedures in paragraphs (g)(1)

through (3) of this section.

(1) Measure the concentration of each

dioxin/furan tetra- through octacongener emitted using EPA Method 23.

(2) For each dioxin/furan congener

measured in accordance with paragraph

(g)(1) of this section, multiply the

congener concentration by its

corresponding toxic equivalency factor

specified in Table 4 of this subpart.

(3) Sum the products calculated in

accordance with paragraph (g)(2) of this

section to obtain the total concentration

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75369

of dioxins/furans emitted in terms of

toxic equivalency.

§ 60.2695 How are the performance test

data used?

You use results of performance tests

to demonstrate compliance with the

emission limitations in Table 2 of this

subpart.

Model Rule—Initial Compliance

Requirements

§ 60.2700 How do I demonstrate initial

compliance with the emission limitations

and establish the operating limits?

You must conduct an initial

performance test, as required under

§ 60.8, to determine compliance with

the emission limitations in Table 2 of

this subpart and to establish operating

limits using the procedure in § 60.2675

or § 60.2680. The initial performance

test must be conducted using the test

methods listed in Table 2 of this subpart

and the procedures in § 60.2690.

§ 60.2705 By what date must I conduct the

initial performance test?

The initial performance test must be

conducted no later than 180 days after

your final compliance date. Your final

compliance date is specified in Table 1

of this subpart.

Model Rule—Continuous Compliance

Requirements

§ 60.2710 How do I demonstrate

continuous compliance with the emission

limitations and the operating limits?

(a) You must conduct an annual

performance test for particulate matter,

hydrogen chloride, and opacity for each

CISWI unit as required under § 60.8 to

determine compliance with the

emission limitations. The annual

performance test must be conducted

using the test methods listed in Table 2

of this subpart and the procedures in

§ 60.2690.

(b) You must continuously monitor

the operating parameters specified in

§ 60.2675 or established under

§ 60.2680. Operation above the

established maximum or below the

established minimum operating limits

constitutes a deviation from the

established operating limits. Three-hour

rolling average values are used to

determine compliance (except for

baghouse leak detection system alarms)

unless a different averaging period is

established under § 60.2680. Operating

limits do not apply during performance

tests.

(c) You must only burn the same

types of waste used to establish

operating limits during the performance

test.

§ 60.2715 By what date must I conduct the

annual performance test?

You must conduct annual

performance tests for particulate matter,

hydrogen chloride, and opacity within

12 months following the initial

performance test. Conduct subsequent

annual performance tests within 12

months following the previous one.

§ 60.2720 May I conduct performance

testing less often?

(a) You can test less often for a given

pollutant if you have test data for at

least 3 years, and all performance tests

for the pollutant (particulate matter,

hydrogen chloride, or opacity) over 3

consecutive years show that you comply

with the emission limitation. In this

case, you do not have to conduct a

performance test for that pollutant for

the next 2 years. You must conduct a

performance test during the third year

and no more than 36 months following

the previous performance test.

(b) If your CISWI unit continues to

meet the emission limitation for

particulate matter, hydrogen chloride, or

opacity, you may choose to conduct

performance tests for these pollutants

every third year, but each test must be

within 36 months of the previous

performance test.

(c) If a performance test shows a

deviation from an emission limitation

for particulate matter, hydrogen

chloride, or opacity, you must conduct

annual performance tests for that

pollutant until all performance tests

over a 3-year period show compliance.

§ 60.2725 May I conduct a repeat

performance test to establish new operating

limits?

(a) Yes. You may conduct a repeat

performance test at any time to establish

new values for the operating limits. The

Administrator may request a repeat

performance test at any time.

(b) You must repeat the performance

test if your feed stream is different than

the feed streams used during any

performance test used to demonstrate

compliance.

Model Rule—Monitoring

§ 60.2730 What monitoring equipment

must I install and what parameters must I

monitor?

(a) If you are using a wet scrubber to

comply with the emission limitation

under § 60.2670, you must install,

calibrate (to manufacturers’

specifications), maintain, and operate

devices (or establish methods) for

monitoring the value of the operating

parameters used to determine

compliance with the operating limits

listed in Table 3 of this subpart. These

devices (or methods) must measure and

record the values for these operating

parameters at the frequencies indicated

in Table 3 of this subpart at all times

except as specified in § 60.2735(a).

(b) If you use a fabric filter to comply

with the requirements of this subpart,

you must install, calibrate, maintain,

and continuously operate a bag leak

detection system as specified in

paragraphs (b)(1) through (8) of this

section.

(1) You must install and operate a bag

leak detection system for each exhaust

stack of the fabric filter.

(2) Each bag leak detection system

must be installed, operated, calibrated,

and maintained in a manner consistent

with the manufacturer’s written

specifications and recommendations.

(3) The bag leak detection system

must be certified by the manufacturer to

be capable of detecting particulate

matter emissions at concentrations of 10

milligrams per actual cubic meter or

less.

(4) The bag leak detection system

sensor must provide output of relative

or absolute particulate matter loadings.

(5) The bag leak detection system

must be equipped with a device to

continuously record the output signal

from the sensor.

(6) The bag leak detection system

must be equipped with an alarm system

that will sound automatically when an

increase in relative particulate matter

emissions over a preset level is detected.

The alarm must be located where it is

easily heard by plant operating

personnel.

(7) For positive pressure fabric filter

systems, a bag leak detection system

must be installed in each baghouse

compartment or cell. For negative

pressure or induced air fabric filters, the

bag leak detector must be installed

downstream of the fabric filter.

(8) Where multiple detectors are

required, the system’s instrumentation

and alarm may be shared among

detectors.

(c) If you are using something other

than a wet scrubber to comply with the

emission limitations under § 60.2670,

you must install, calibrate (to the

manufacturers’ specifications),

maintain, and operate the equipment

necessary to monitor compliance with

the site-specific operating limits

established using the procedures in

§ 60.2680.

§ 60.2735 Is there a minimum amount of

monitoring data I must obtain?

(a) Except for monitoring

malfunctions, associated repairs, and

required quality assurance or quality

control activities (including, as

75370 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

applicable, calibration checks and

required zero and span adjustments of

the monitoring system), you must

conduct all monitoring at all times the

CISWI unit is operating.

(b) Do not use data recorded during

monitoring malfunctions, associated

repairs, and required quality assurance

or quality control activities for meeting

the requirements of this subpart,

including data averages and

calculations. You must use all the data

collected during all other periods in

assessing compliance with the operating

limits.

Model Rule—Recordkeeping and

Reporting

§ 60.2740 What records must I keep?

You must maintain the 13 items (as

applicable) as specified in paragraphs

(a) through (m) of this section for a

period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in

paragraphs (b)(1) through (6) of this

section:

(1) The CISWI unit charge dates,

times, weights, and hourly charge rates.

(2) Liquor flow rate to the wet

scrubber inlet every 15 minutes of

operation, as applicable.

(3) Pressure drop across the wet

scrubber system every 15 minutes of

operation or amperage to the wet

scrubber every 15 minutes of operation,

as applicable.

(4) Liquor pH as introduced to the wet

scrubber every 15 minutes of operation,

as applicable.

(5) For affected CISWI units that

establish operating limits for controls

other than wet scrubbers under

§ 60.2680, you must maintain data

collected for all operating parameters

used to determine compliance with the

operating limits.

(6) If a fabric filter is used to comply

with the emission limitations, you must

record the date, time, and duration of

each alarm and the time corrective

action was initiated and completed, and

a brief description of the cause of the

alarm and the corrective action taken.

You must also record the percent of

operating time during each 6-month

period that the alarm sounds, calculated

as specified in § 60.2675(c).

(c) Identification of calendar dates

and times for which monitoring systems

used to monitor operating limits were

inoperative, inactive, malfunctioning, or

out of control (except for downtime

associated with zero and span and other

routine calibration checks). Identify the

operating parameters not measured, the

duration, reasons for not obtaining the

data, and a description of corrective

actions taken.

(d) Identification of calendar dates,

times, and durations of malfunctions,

and a description of the malfunction

and the corrective action taken.

(e) Identification of calendar dates

and times for which data show a

deviation from the operating limits in

Table 3 of this subpart or a deviation

from other operating limits established

under § 60.2680 with a description of

the deviations, reasons for such

deviations, and a description of

corrective actions taken.

(f) The results of the initial, annual,

and any subsequent performance tests

conducted to determine compliance

with the emission limits and/or to

establish operating limits, as applicable.

Retain a copy of the complete test report

including calculations.

(g) Records showing the names of

CISWI unit operators who have

completed review of the information in

§ 60.2660(a) as required by § 60.2660(b),

including the date of the initial review

and all subsequent annual reviews.

(h) Records showing the names of the

CISWI operators who have completed

the operator training requirements

under § 60.2635, met the criteria for

qualification under § 60.2645, and

maintained or renewed their

qualification under § 60.2650 or

§ 60.2655. Records must include

documentation of training, the dates of

the initial and refresher training, and

the dates of their qualification and all

subsequent renewals of such

qualifications.

(i) For each qualified operator, the

phone and/or pager number at which

they can be reached during operating

hours.

(j) Records of calibration of any

monitoring devices as required under

§ 60.2730.

(k) Equipment vendor specifications

and related operation and maintenance

requirements for the incinerator,

emission controls, and monitoring

equipment.

(l) The information listed in

§ 60.2660(a).

(m) On a daily basis, keep a log of the

quantity of waste burned and the types

of waste burned (always required).

§ 60.2745 Where and in what format must

I keep my records?

All records must be available onsite in

either paper copy or computer-readable

format that can be printed upon request,

unless an alternative format is approved

by the Administrator.

§ 60.2750 What reports must I submit?

See Table 5 of this subpart for a

summary of the reporting requirements.

§ 60.2755 When must I submit my waste

management plan?

You must submit the waste

management plan no later than the date

specified in Table 1 of this subpart for

submittal of the final control plan.

§ 60.2760 What information must I submit

following my initial performance test?

You must submit the information

specified in paragraphs (a) through (c) of

this section no later than 60 days

following the initial performance test.

All reports must be signed by the

facilities manager.

(a) The complete test report for the

initial performance test results obtained

under § 60.2700, as applicable.

(b) The values for the site-specific

operating limits established in § 60.2675

or § 60.2680.

(c) If you are using a fabric filter to

comply with the emission limitations,

documentation that a bag leak detection

system has been installed and is being

operated, calibrated, and maintained as

required by § 60.2730(b).

§ 60.2765 When must I submit my annual

report?

You must submit an annual report no

later than 12 months following the

submission of the information in

§ 60.2760. You must submit subsequent

reports no more than 12 months

following the previous report. (If the

unit is subject to permitting

requirements under title V of the Clean

Air Act, you may be required by the

permit to submit these reports more

frequently.)

§ 60.2770 What information must I include

in my annual report?

The annual report required under

§ 60.2765 must include the ten items

listed in paragraphs (a) through (j) of

this section. If you have a deviation

from the operating limits or the

emission limitations, you must also

submit deviation reports as specified in

§§ 60.2775, 60.2780, and 60.2785.

(a) Company name and address.

(b) Statement by a responsible official,

with that official’s name, title, and

signature, certifying the accuracy of the

content of the report.

(c) Date of report and beginning and

ending dates of the reporting period.

(d) The values for the operating limits

established pursuant to § 60.2675 or

§ 60.2680.

(e) If no deviation from any emission

limitation or operating limit that applies

to you has been reported, a statement

that there was no deviation from the

emission limitations or operating limits

during the reporting period, and that no

monitoring system used to determine

compliance with the operating limits

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75371

was inoperative, inactive,

malfunctioning or out of control.

(f) The highest recorded 3-hour

average and the lowest recorded 3-hour

average, as applicable, for each

operating parameter recorded for the

calendar year being reported.

(g) Information recorded under

§ 60.2740(b)(6) and (c) through (e) for

the calendar year being reported.

(h) If a performance test was

conducted during the reporting period,

the results of that test.

(i) If you met the requirements of

§ 60.2720(a) or (b), and did not conduct

a performance test during the reporting

period, you must state that you met the

requirements of § 60.2720(a) or (b), and,

therefore, you were not required to

conduct a performance test during the

reporting period.

(j) Documentation of periods when all

qualified CISWI unit operators were

unavailable for more than 8 hours, but

less than 2 weeks.

§ 60.2775 What else must I report if I have

a deviation from the operating limits or the

emission limitations?

(a) You must submit a deviation

report if any recorded 3-hour average

parameter level is above the maximum

operating limit or below the minimum

operating limit established under this

subpart, if the bag leak detection system

alarm sounds for more than 5 percent of

the operating time for the 6-month

reporting period, or if a performance test

was conducted that deviated from any

emission limitation.

(b) The deviation report must be

submitted by August 1 of that year for

data collected during the first half of the

calendar year (January 1 to June 30), and

by February 1 of the following year for

data you collected during the second

half of the calendar year (July 1 to

December 31).

§ 60.2780 What must I include in the

deviation report?

In each report required under

§ 60.2775, for any pollutant or

parameter that deviated from the

emission limitations or operating limits

specified in this subpart, include the six

items described in paragraphs (a)

through (f) of this section.

(a) The calendar dates and times your

unit deviated from the emission

limitations or operating limit

requirements.

(b) The averaged and recorded data

for those dates.

(c) Duration and causes of each

deviation from the emission limitations

or operating limits and your corrective

actions.

(d) A copy of the operating limit

monitoring data during each deviation

and any test report that documents the

emission levels.

(e) The dates, times, number,

duration, and causes for monitoring

downtime incidents (other than

downtime associated with zero, span,

and other routine calibration checks).

(f) Whether each deviation occurred

during a period of startup, shutdown, or

malfunction, or during another period.

§ 60.2785 What else must I report if I have

a deviation from the requirement to have a

qualified operator accessible?

(a) If all qualified operators are not

accessible for 2 weeks or more, you

must take the two actions in paragraphs

(a)(1) and (2) of this section.

(1) Submit a notification of the

deviation within 10 days that includes

the three items in paragraphs (a)(1)(i)

through (iii) of this section.

(i) A statement of what caused the

deviation.

(ii) A description of what you are

doing to ensure that a qualified operator

is accessible.

(iii) The date when you anticipate that

a qualified operator will be available.

(2) Submit a status report to the

Administrator every 4 weeks that

includes the three items in paragraphs

(a)(2)(i) through (iii) of this section.

(i) A description of what you are

doing to ensure that a qualified operator

is accessible.

(ii) The date when you anticipate that

a qualified operator will be accessible.

(iii) Request approval from the

Administrator to continue operation of

the CISWI unit.

(b) If your unit was shut down by the

Administrator, under the provisions of

§ 60.2665(b)(2), due to a failure to

provide an accessible qualified operator,

you must notify the Administrator that

you are resuming operation once a

qualified operator is accessible.

§ 60.2790 Are there any other notifications

or reports that I must submit?

Yes. You must submit notifications as

provided by § 60.7.

§ 60.2795 In what form can I submit my

reports?

Submit initial, annual, and deviation

reports electronically or in paper format,

postmarked on or before the submittal

due dates.

§ 60.2800 Can reporting dates be

changed?

If the Administrator agrees, you may

change the semiannual or annual

reporting dates. See § 60.19(c) for

procedures to seek approval to change

your reporting date.

Model Rule—Title V Operating Permits

§ 60.2805 Am I required to apply for and

obtain a title V operating permit for my

unit?

Yes. Each CISWI unit must operate

pursuant to a permit issued under

section 129(e) and title V of the Clean

Air Act by the later of the two dates in

paragraphs (a) and (b) of this section.

(a) Thirty-six months after December

1, 2000.

(b) The effective date of the title V

permit program to which your unit is

subject. If your unit is subject to title V

as a result of some triggering

requirement(s) other than this subpart

(for example, being a major source),

then your unit may be required to apply

for and obtain a title V permit prior to

the deadlines noted above. If more than

one requirement triggers the

requirement to apply for a title V

permit, the 12-month timeframe for

filing a title V application is triggered by

the requirement which first causes the

source to be subject to title V.

Model Rule—Air Curtain Incinerators

§ 60.2810 What is an air curtain

incinerator?

(a) An air curtain incinerator operates

by forcefully projecting a curtain of air

across an open chamber or open pit in

which combustion occurs. Incinerators

of this type can be constructed above or

below ground and with or without

refractory walls and floor. (Air curtain

incinerators are not to be confused with

conventional combustion devices with

enclosed fireboxes and controlled air

technology such as mass burn, modular,

and fluidized bed combustors.)

(b) Air curtain incinerators that burn

only the materials listed in paragraphs

(b)(1) through (3) of this section are only

required to meet the requirements under

‘‘Air Curtain Incinerators’’ (§§ 60.2810

through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

§ 60.2815 What are my requirements for

meeting increments of progress and

achieving final compliance?

If you plan to achieve compliance

more than 1 year following the effective

date of State plan approval, you must

meet the two increments of progress

specified in paragraphs (a) and (b) of

this section.

(a) Submit a final control plan.

(b) Achieve final compliance.

75372 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

§ 60.2820 When must I complete each

increment of progress?

Table 1 of this subpart specifies

compliance dates for each of the

increments of progress.

§ 60.2825 What must I include in the

notifications of achievement of increments

of progress?

Your notification of achievement of

increments of progress must include the

three items described in paragraphs (a)

through (c) of this section.

(a) Notification that the increment of

progress has been achieved.

(b) Any items required to be

submitted with each increment of

progress (see § 60.2840).

(c) Signature of the owner or operator

of the incinerator.

§ 60.2830 When must I submit the

notifications of achievement of increments

of progress?

Notifications for achieving increments

of progress must be postmarked no later

than 10 business days after the

compliance date for the increment.

§ 60.2835 What if I do not meet an

increment of progress?

If you fail to meet an increment of

progress, you must submit a notification

to the Administrator postmarked within

10 business days after the date for that

increment of progress in Table 1 of this

subpart. You must inform the

Administrator that you did not meet the

increment, and you must continue to

submit reports each subsequent

calendar month until the increment of

progress is met.

§ 60.2840 How do I comply with the

increment of progress for submittal of a

control plan?

For your control plan increment of

progress, you must satisfy the two

requirements specified in paragraphs (a)

and (b) of this section.

(a) Submit the final control plan,

including a description of any devices

for air pollution control and any process

changes that you will use to comply

with the emission limitations and other

requirements of this subpart.

(b) Maintain an onsite copy of the

final control plan.

§ 60.2845 How do I comply with the

increment of progress for achieving final

compliance?

For the final compliance increment of

progress, you must complete all process

changes and retrofit construction of

control devices, as specified in the final

control plan, so that, if the affected

incinerator is brought online, all

necessary process changes and air

pollution control devices would operate

as designed.

§ 60.2850 What must I do if I close my air

curtain incinerator and then restart it?

(a) If you close your incinerator but

will reopen it prior to the final

compliance date in your State plan, you

must meet the increments of progress

specified in § 60.2815.

(b) If you close your incinerator but

will restart it after your final compliance

date, you must complete emission

control retrofits and meet the emission

limitations on the date your incinerator

restarts operation.

§ 60.2855 What must I do if I plan to

permanently close my air curtain

incinerator and not restart it?

If you plan to close your incinerator

rather than comply with the State plan,

submit a closure notification, including

the date of closure, to the Administrator

by the date your final control plan is

due.

§ 60.2860 What are the emission

limitations for air curtain incinerators?

(a) After the date the initial stack test

is required or completed (whichever is

earlier), you must meet the limitations

in paragraphs (a)(1) and (2) of this

section.

(1) The opacity limitation is 10

percent (6-minute average), except as

described in paragraph (a)(2) of this

section.

(2) The opacity limitation is 35

percent (6-minute average) during the

startup period that is within the first 30

minutes of operation.

(b) Except during malfunctions, the

requirements of this subpart apply at all

times, and each malfunction must not

exceed 3 hours.

§ 60.2865 How must I monitor opacity for

air curtain incinerators?

(a) Use Method 9 of appendix A of

this part to determine compliance with

the opacity limitation.

(b) Conduct an initial test for opacity

as specified in § 60.8 no later than 180

days after your final compliance date.

(c) After the initial test for opacity,

conduct annual tests no more than 12

calendar months following the date of

your previous test.

§ 60.2870 What are the recordkeeping and

reporting requirements for air curtain

incinerators?

(a) Keep records of results of all initial

and annual opacity tests onsite in either

paper copy or electronic format, unless

the Administrator approves another

format, for at least 5 years.

(b) Make all records available for

submittal to the Administrator or for an

inspector’s onsite review.

(c) Submit an initial report no later

than 60 days following the initial

opacity test that includes the

information specified in paragraphs (c)

(1) and (2) of this section.

(1) The types of materials you plan to

combust in your air curtain incinerator.

(2) The results (each 6-minute

average) of the initial opacity tests.

(d) Submit annual opacity test results

within 12 months following the

previous report.

(e) Submit initial and annual opacity

test reports as electronic or paper copy

on or before the applicable submittal

date and keep a copy onsite for a period

of 5 years.

Model Rule—Definitions

§ 60.2875 What definitions must I know?

Terms used but not defined in this

subpart are defined in the Clean Air Act

and subparts A and B of this part.

Administrator means the

Administrator of the U.S.

Environmental Protection Agency or

his/her authorized representative or

Administrator of a State Air Pollution

Control Agency.

Agricultural waste means vegetative

agricultural materials such as nut and

grain hulls and chaff (e.g., almond,

walnut, peanut, rice, and wheat),

bagasse, orchard prunings, corn stalks,

coffee bean hulls and grounds, and

other vegetative waste materials

generated as a result of agricultural

operations.

Air curtain incinerator means an

incinerator that operates by forcefully

projecting a curtain of air across an open

chamber or pit in which combustion

occurs. Incinerators of this type can be

constructed above or below ground and

with or without refractory walls and

floor. (Air curtain incinerators are not to

be confused with conventional

combustion devices with enclosed

fireboxes and controlled air technology

such as mass burn, modular, and

fluidized bed combustors.)

Auxiliary fuel means natural gas,

liquified petroleum gas, fuel oil, or

diesel fuel.

Bag leak detection system means an

instrument that is capable of monitoring

particulate matter loadings in the

exhaust of a fabric filter (i.e., baghouse)

in order to detect bag failures. A bag

leak detection system includes, but is

not limited to, an instrument that

operates on triboelectric, light

scattering, light transmittance, or other

principle to monitor relative particulate

matter loadings.

Calendar quarter means three

consecutive months (nonoverlapping)

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

or October 1.

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75373

Calendar year means 365 consecutive

days starting on January 1 and ending

on December 31.

Chemotherapeutic waste means waste

material resulting from the production

or use of antineoplastic agents used for

the purpose of stopping or reversing the

growth of malignant cells.

Clean lumber means wood or wood

products that have been cut or shaped

and include wet, air-dried, and kilndried wood products. Clean lumber

does not include wood products that

have been painted, pigment-stained, or

pressure-treated by compounds such as

chromate copper arsenate,

pentachlorophenol, and creosote.

Commercial and industrial solid

waste incineration (CISWI) unit means

any combustion device that combusts

commercial and industrial waste, as

defined in this subpart. The boundaries

of a CISWI unit are defined as, but not

limited to, the commercial or industrial

solid waste fuel feed system, grate

system, flue gas system, and bottom ash.

The CISWI unit does not include air

pollution control equipment or the

stack. The CISWI unit boundary starts at

the commercial and industrial solid

waste hopper (if applicable) and extends

through two areas:

(1) The combustion unit flue gas

system, which ends immediately after

the last combustion chamber.

(2) The combustion unit bottom ash

system, which ends at the truck loading

station or similar equipment that

transfers the ash to final disposal. It

includes all ash handling systems

connected to the bottom ash handling

system.

Commercial and industrial waste

means solid waste combusted in an

enclosed device using controlled flame

combustion without energy recovery

that is a distinct operating unit of any

commercial or industrial facility

(including field-erected, modular, and

custom built incineration units

operating with starved or excess air), or

solid waste combusted in an air curtain

incinerator without energy recovery that

is a distinct operating unit of any

commercial or industrial facility.

Contained gaseous material means

gases that are in a container when that

container is combusted.

Cyclonic barrel burner means a

combustion device for waste materials

that is attached to a 55 gallon, openhead drum. The device consists of a lid,

which fits onto and encloses the drum,

and a blower that forces combustion air

into the drum in a cyclonic manner to

enhance the mixing of waste material

and air.

Deviation means any instance in

which an affected source subject to this

subpart, or an owner or operator of such

a source:

(1) Fails to meet any requirement or

obligation established by this subpart,

including but not limited to any

emission limitation, operating limit, or

operator qualification and accessibility

requirements;

(2) Fails to meet any term or condition

that is adopted to implement an

applicable requirement in this subpart

and that is included in the operating

permit for any affected source required

to obtain such a permit; or

(3) Fails to meet any emission

limitation, operating limit, or operator

qualification and accessibility

requirement in this subpart during

startup, shutdown, or malfunction,

regardless or whether or not such failure

is permitted by this subpart.

Dioxins/furans means tetra-through

octachlorinated dibenzo-p-dioxins and

dibenzofurans.

Discard means, for purposes of this

subpart and 40 CFR part 60, subpart

DDDD, only, burned in an incineration

unit without energy recovery.

Drum reclamation unit means a unit

that burns residues out of drums (e.g.,

55 gallon drums) so that the drums can

be reused.

Energy recovery means the process of

recovering thermal energy from

combustion for useful purposes such as

steam generation or process heating.

Fabric filter means an add-on air

pollution control device used to capture

particulate matter by filtering gas

streams through filter media, also

known as a baghouse.

Low-level radioactive waste means

waste material which contains

radioactive nuclides emitting primarily

beta or gamma radiation, or both, in

concentrations or quantities that exceed

applicable Federal or State standards for

unrestricted release. Low-level

radioactive waste is not high-level

radioactive waste, spent nuclear fuel, or

by-product material as defined by the

Atomic Energy Act of 1954 (42 U.S.C.

2014(e)(2)).

Malfunction means any sudden,

infrequent, and not reasonably

preventable failure of air pollution

control equipment, process equipment,

or a process to operate in a normal or

usual manner. Failures that are caused,

in part, by poor maintenance or careless

operation are not malfunctions.

Modification or modified CISWI unit

means a CISWI unit you have changed

later than June 1, 2001 and that meets

one of two criteria:

(1) The cumulative cost of the changes

over the life of the unit exceeds 50

percent of the original cost of building

and installing the CISWI unit (not

including the cost of land) updated to

current costs (current dollars). To

determine what systems are within the

boundary of the CISWI unit used to

calculate these costs, see the definition

of CISWI unit.

(2) Any physical change in the CISWI

unit or change in the method of

operating it that increases the amount of

any air pollutant emitted for which

section 129 or section 111 of the Clean

Air Act has established standards.

Part reclamation unit means a unit

that burns coatings off parts (e.g., tools,

equipment) so that the parts can be

reconditioned and reused.

Particulate matter means total

particulate matter emitted from CISWI

units as measured by Method 5 or

Method 29 of appendix A of this part.

Pathological waste means waste

material consisting of only human or

animal remains, anatomical parts, and/

or tissue, the bags/containers used to

collect and transport the waste material,

and animal bedding (if applicable).

Rack reclamation unit means a unit

that burns the coatings off racks used to

hold small items for application of a

coating. The unit burns the coating

overspray off the rack so the rack can be

reused.

Reconstruction means rebuilding a

CISWI unit and meeting two criteria:

(1) The reconstruction begins on or

after June 1, 2001.

(2) The cumulative cost of the

construction over the life of the

incineration unit exceeds 50 percent of

the original cost of building and

installing the CISWI unit (not including

land) updated to current costs (current

dollars). To determine what systems are

within the boundary of the CISWI unit

used to calculate these costs, see the

definition of CISWI unit.

Refuse-derived fuel means a type of

municipal solid waste produced by

processing municipal solid waste

through shredding and size

classification. This includes all classes

of refuse-derived fuel including two

fuels:

(1) Low-density fluff refuse-derived

fuel through densified refuse-derived

fuel.

(2) Pelletized refuse-derived fuel.

Shutdown means the period of time

after all waste has been combusted in

the primary chamber.

Solid waste means any garbage,

refuse, sludge from a waste treatment

plant, water supply treatment plant, or

air pollution control facility and other

discarded material, including solid,

liquid, semisolid, or contained gaseous

material resulting from industrial,

commercial, mining, agricultural

operations, and from community

75374 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

activities, but does not include solid or

dissolved material in domestic sewage,

or solid or dissolved materials in

irrigation return flows or industrial

discharges which are point sources

subject to permits under section 402 of

the Federal Water Pollution Control Act,

as amended (33 U.S.C. 1342), or source,

special nuclear, or byproduct material

as defined by the Atomic Energy Act of

1954, as amended (42 U.S.C. 2014). For

purposes of this subpart and subpart

CCCC, only, solid waste does not

include the waste burned in the fifteen

types of units described in § 60.2555.

Standard conditions, when referring

to units of measure, means a

temperature of 68°F (20°C) and a

pressure of 1 atmosphere (101.3

kilopascals).

Startup period means the period of

time between the activation of the

system and the first charge to the unit.

Wet scrubber means an add-on air

pollution control device that utilizes an

aqueous or alkaline scrubbing liquor to

collect particulate matter (including

nonvaporous metals and condensed

organics) and/or to absorb and

neutralize acid gases.

Wood waste means untreated wood

and untreated wood products, including

tree stumps (whole or chipped), trees,

tree limbs (whole or chipped), bark,

sawdust, chips, scraps, slabs, millings,

and shavings. Wood waste does not

include:

(1) Grass, grass clippings, bushes,

shrubs, and clippings from bushes and

shrubs from residential, commercial/

retail, institutional, or industrial sources

as part of maintaining yards or other

private or public lands.

(2) Construction, renovation, or

demolition wastes.

(3) Clean lumber.

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

Comply with these increments of progress By these dates a

Increment 1—Submit final control plan ............................................................................................... (Dates to be specified in State plan)

Increment 2—Final compliance ........................................................................................................... (Dates to be specified in State plan) b

aSite-specific schedules can be used at the discretion of the State.

bThe date can be no later than 3 years after the effective date of State plan approval or December 1, 2005.

TABLE 2 TO SUBPART DDDD—MODEL RULE—EMISSION LIMITATIONS

For the air pollutant You must meet this emission

limitation a Using this averaging time And determining compliance using thismethod

Cadmium .................. 0.004 milligrams per dry standard cubic meter.3-run average (1 hour minimum sample

time per run).

Performance test (Method 29 of appendix

A of this part)

Carbon monoxide .... 157 parts per million by dry volume.3-run average (1 hour minimum sample

time per run).

Performance test (Method 10, 10A, or

10B, of appendix A of this part)

Dioxins/furans (toxic

equivalency basis).

0.41 nanograms per dry standard cubic meter.3-run average (1 hour minimum sample

time per run).

Performance test (Method 23 of appendix

A of this part)

Hydrogen chloride .... 62 parts per million by dry volume.3-run average (1 hour minimum sample

time per run).

Performance test (Method 26A of appendix A of this part)

Lead ......................... 0.04 milligrams per dry standard cubic meter.3-run average (1 hour minimum sample

time per run).

Performance test (Method 29 of appendix

A of this part)

Mercury .................... 0.47 milligrams per dry standard cubic meter.3-run average (1 hour minimum sample

time per run).

Performance test (Method 29 of appendix

A of this part)

Opacity ..................... 10 percent ................................. 6-minute averages ..................................... Performance test (Method 9 of appendix

A of this part)

Oxides of nitrogen ... 388 parts per million by dry volume.3-run average (1 hour minimum sample

time per run).

Performance test (Methods 7, 7A, 7C, 7D,

or 7E of appendix A of this part)

Particulate matter ..... 70 milligrams per dry standard

cubic meter.

3-run average (1 hour minimum sample

time per run).

Performance test (Method 5 or 29 of appendix A of ths part)

Sulfur dioxide ........... 20 parts per million by dry volume.3-run average (1 hour minimum sample

time per run).

Performance test (Method 6 or 6c of appendix A of this part)

aAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

TABLE 3 TO SUBPART DDDD—MODEL RULE—OPERATING LIMITS FOR WET SCRUBBERS

For these operating

parameters

You must establish

these operating limits

And monitor using these minimum frequencies

Data measurement Data recording Averaging time

Charge rate .............. Maximum charge

rate.

Continuous ................................ Every hour ................................. Daily (batch units). 3-hour

rolling (continuous and

intermittent units) a

Pressure drop across

the wet scrubber or

amperage to wet

scrubber.

Minimum pressure

drop or amperage.

Continuous ................................ Every 15 minutes ...................... 3-hour rolling a

Scrubber liquor flow

rate.

Minimum flow rate .... Continuous ................................ Every 15 minutes ...................... 3-hour rolling a

Scrubber liquor pH ... Minimum pH ............. Continuous ................................ Every 15 minutes ...................... 3-hour rolling a

a Calculated each hour as the average of the previous 3 operating hours.

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75375

TABLE 4 TO SUBPART DDDD—MODEL RULE—TOXIC EQUIVALENCY FACTORS

Dioxin/furan congener Toxic equivalency factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin ............................................................................................................................................ 1

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ........................................................................................................................................ 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin .................................................................................................................................. 0.01

octachlorinated dibenzo-p-dioxin ......................................................................................................................................................... 0.001

2,3,7,8-tetrachlorinated dibenzofuran .................................................................................................................................................. 0.1

2,3,4,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 0.5

1,2,3,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 0.05

1,2,3,4,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

1,2,3,6,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

1,2,3,7,8,9-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

2,3,4,6,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzofuran ....................................................................................................................................... 0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran ....................................................................................................................................... 0.01

octachlorinated dibenzofuran ............................................................................................................................................................... 0.001

TABLE 5 TO SUBPART DDDD—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS a

Report Due date Contents Reference

Waste Management

Plan.

No later than the date specified in table 1

for submittal of the final control plan.

• Waste management plan ......................... § 60.2755.

Initial Test Report ....... No later than 60 days following the initial

performance test.

• Complete test report for the initial performance test

• The values for the site-specific operating

limits

• Installation of bag leak detection systems

for fabric filters

§ 60.2760.

Annual Report ............. No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no

more than 12 months following the previous report.

• Name and address ..................................

• Statement and signature by responsible

official

• Date of report

• Values for the operating limits

• If no deviations or malfunctions were reported, a statement that no deviations

occurred during the reporting period

• Highest recorded 3-hour average and

the lowest 3-hour average, as applicable,

for each operating parameter recorded

for the calendar year being reported

• Information for deviations or malfunctions

recorded under § 60.2740(b)(6) and (c)

through (e)

• If a performance test was conducted during the reporting period, the results of

the test

• If a performance test was not conducted

during the reporting period, a statement

that the requirements of § 60.2155(a) or

(b) were met

• Documentation of periods when all qualified CISWI unit operators were unavailable for more than 8 hours but less than

2 weeks

§§ 60.2765 and 60.2770.

Emission Limitation or

Operating Limit Deviation Report.

By August 1 of that year for data collected

during the first half of the calendar year.

By February 1 of the following year for

data collected during the second half of

the calendar year.

• Dates and times of deviations .................

• Averaged and recorded data for these

dates

• Duration and causes for each deviation

and the corrective actions taken

• Copy of operating limit monitoring data

and any test reports

• Dates, times, and causes for monitor

downtime incidents

• Whether each deviation occurred during

a period of startup, shutdown, or malfunction

§§ 60.2775 and 60.2780.

75376 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

TABLE 5 TO SUBPART DDDD—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS a—Continued

Report Due date Contents Reference

Qualified Operator Deviation Notification.Within 10 days of deviation ......................... • Statement of cause of deviation ..............

• Description of efforts to have an accessible qualified operator

• The date a qualified operator will be accessible

§ 60.2785(a)(1).

Qualified Operator Deviation Status Report.Every 4 weeks following deviation .............. • Description of efforts to have an accessible qualified operator

• The date a qualified operator will be accessible

• Request for approval to continue operation

§ 60.2785(a)(2).

Qualified Operator Deviation Notification of

Resumed Operation.

Prior to resuming operation ......................... • Notification that you are resuming operation§ 60.2785(b)

aThis table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 00–29875 Filed 11–30–00; 8:45 am]

BILLING CODE 6560–01–U