100092 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–HQ–OAR–2016–0664; FRL–5960–02– 

OAR] 

RIN 2060–AT28 

Federal Plan Requirements for 

Commercial and Industrial Solid Waste 

Incineration Units That Commenced 

Construction On or Before June 4, 

2010 and Have Not Been Modified or 

Reconstructed Since August 7, 2013 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes the 

Federal plan for existing commercial 

and industrial solid waste incineration 

units (CISWI). This final action 

implements the U.S. Environmental 

Protection Agency’s (EPA) emission 

guidelines adopted on February 7, 2013, 

as amended on June 23, 2016, and on 

April 16, 2019, in states that do not have 

an approved state plan implementing 

the emission guidelines in place by the 

effective date of this Federal plan. The 

implementation of the emission 

guidelines will result in emissions 

reductions of the regulated pollutants 

including cadmium, hydrogen chloride, 

lead, mercury, carbon monoxide, 

nitrogen oxides, particulate matter, and 

sulfur dioxide from the affected CISWI. 

This final action is also revising the 

definition of ‘‘small, remote incinerator’’ 

to reflect new statutory prohibitions on 

the implementation of CISWI standards 

to units in the State of Alaska. 

DATES: This final rule is effective 

January 10, 2025. The incorporation by 

reference of certain publications listed 

in the regulation is approved by the 

Director of the Federal Register as of 

January 10, 2025. 

ADDRESSES: The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2016–0664. All 

documents in the docket are listed on 

the https://www.regulations.gov/ 

website. Although listed, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov/. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Felica Davis, Sector Policies and 

Programs Division (E14305), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

109 T.W. Alexander Drive, P.O. Box 

12055, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–4857; and email address: 

davis.felica@epa.gov. 

SUPPLEMENTARY INFORMATION: Preamble 

acronyms and abbreviations. 

Throughout this document the use of 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is intended to refer 

to the EPA. We use multiple acronyms 

and terms in this preamble. While this 

list may not be exhaustive, to ease the 

reading of this preamble and for 

reference purposes, the EPA defines the 

following terms and acronyms here: 

AG Attorney General 

CAA Clean Air Act 

CBI Confidential business information 

Cd Cadmium 

CFR Code of Federal Regulations 

CISWI Commercial and industrial solid 

waste incineration units 

CMS Continuous monitoring system 

CO Carbon monoxide 

EG Emission Guidelines 

EPA U.S. Environmental Protection Agency 

ERU Energy recovery unit 

FF Fabric filter 

HAP Hazardous air pollutants 

HCl Hydrogen chloride 

Hg Mercury 

IBR Incorporation by reference 

ICR Information collection request 

mg/dscm Milligrams per dry standard cubic 

meter 

NAICS North American Industrial 

Classification System 

NESHAP National emission standards for 

hazardous air pollutants 

ng/dscm Nanograms per dry standard cubic 

meter 

NOX Nitrogen oxides 

NSPS New source performance standards 

NTTAA National Technology Transfer and 

Advancement Act 

OAQPS Office of Air Quality Planning and 

Standards 

Pb Lead 

PCB hydrocarbons and polychlorinated 

biphenyls 

PM Particulate matter (filterable, unless 

otherwise specified) 

PM2.5 Particulate matter (diameter less 

than or equal to 2.5 micrometers) 

PM CPMS Particulate matter Continuous 

Parameter Monitoring System 

ppmv Parts per million by volume 

RIN Regulatory Information Number 

SRI Small, remote incinerators 

SO2 Sulfur dioxide 

the Court United States Court of Appeals 

for the District of Columbia Circuit 

tpy Tons per year 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

VCS Voluntary consensus standards 

Organization of this document. The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Does the action apply to me? 

B. What action is the EPA taking? 

C. How do I obtain a copy of this document 

and other related information? 

D. Judicial Review 

E. What are the incremental costs and 

benefits of this action? 

II. Background Information 

A. What is the statutory authority for this 

action? 

B. What is the purpose of this action? 

C. What is the status of state plan 

submittals? 

III. Summary of Changes Since Proposal and 

Response to Comments 

IV. Summary of Final CISWI Federal Plan 

Requirements 

A. What are the final applicability 

requirements? 

B. What are the final compliance 

schedules? 

C. What emissions and operating limits is 

the EPA incorporating into the final 

Federal plan? 

D. What are the final performance testing 

and monitoring requirements? 

E. What are the final recordkeeping and 

reporting requirements? 

F. What are the other final requirements? 

V. CISWI That Have or Will Shut Down 

A. Units That Plan To Close 

B. Inoperable Units 

C. CISWI That Have Shut Down 

VI. Implementation of the Federal Plan and 

Delegation 

A. Background of Authority 

B. Mechanisms for Transferring Authority 

C. Implementing Authority 

D. Delegation of the Federal Plan and 

Retained Authorities 

VII. Title V Operating Permits 

Title V and Delegation of a Federal Plan 

VIII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

K. Congressional Review Act (CRA) 

I. General Information 

A. Does the action apply to me? 

Regulated entities. Owners or 

operators of existing CISWI that are 


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subject to the existing Federal plan 

implementing the December 1, 2000, 

emission guidelines (EG), and units not 

already subject to an EPA-approved and 

effective state plan implementing the 

February 7, 2013, EG (and subsequent 

2016 and 2019 amendments made to the 

EG), may be regulated by this final 

action. Existing CISWI are those that 

commenced construction on or before 

June 4, 2010, or that commenced 

modification or reconstruction after 

June 4, 2010, but no later than August 

7, 2013. Regulated categories and 

entities include those that operate 

CISWI. Although there is no specific 

North American Industry Classification 

System (NAICS) code for CISWI, these 

units may be operated by the categories 

of sources listed in table 1 of this 

preamble. 

TABLE 1—EXAMPLES OF POTENTIALLY REGULATED ENTITIES

Category NAICS code Examples of potentially regulated entities 

Any industrial or commercial facility using a solid waste 

incinerator.

211, 212, 486 Mining; oil and gas exploration operations; pipeline operators. 

221 Utility providers. 

321, 322, 337 Manufacturers of wood products; manufacturers of pulp, 

paper and paperboard; manufacturers of furniture and 

related products. 

325, 326 Manufacturers of chemicals and allied products; manufacturers of plastics and rubber products. 

327 Manufacturers of cement; nonmetallic mineral product 

manufacturing. 

333, 336 Manufacturers of machinery; manufacturers of transportation equipment. 

423, 44 Merchant wholesalers, durable goods; retail trade. 

This table is not intended to be 

exhaustive, but rather provides a general 

guide for identifying entities likely to be 

affected by this action. To determine 

whether a facility would be affected by 

this action, please examine the 

applicability criteria in 40 Code of 

Federal Regulations (CFR) 62.14510 

through 62.14525 (now at 40 CFR 

62.14510a through 62.14530a) of 

subpart III (now subpart IIIa). Questions 

regarding the applicability of this action 

to a particular entity should be directed 

to the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

B. What action is the EPA taking? 

In this action, the EPA is finalizing 

the Federal plan for existing CISWI in 

states that do not have an approved state 

plan implementing the CISWI EG. The 

CISWI Federal plan was proposed on 

January 11, 2017 (82 FR 3554), and 

received 13 public comments, some of 

which led to revisions that were made 

to this final rule. The comments on the 

proposal and changes the EPA made to 

finalize this Federal plan are discussed 

in more detail in section III. of this 

preamble. 

C. How do I obtain a copy of this 

document and other related 

information? 

The docket number for this final 

action regarding the CISWI Federal plan 

(40 CFR part 62, subpart IIIa) is Docket 

ID No. EPA–HQ–OAR–2016–0664. In 

addition to being available in the 

docket, an electronic copy of this final 

action is available on the internet at 

https://www.epa.gov/stationary-sourcesair-pollution/commercial-andindustrial-solid-waste-incinerationunits-ciswi-new. Following publication 

in the Federal Register, the EPA will 

post the Federal Register version of the 

final rule and key technical documents 

on this same website. 

D. Judicial Review 

Under the Clean Air Act (CAA) 

section 307(b)(1), judicial review of this 

final rule is available only by filing a 

petition for review in the United States 

Court of Appeals for the District of 

Columbia Circuit (the Court) by 

February 10, 2025. Under CAA section 

307(d)(7)(B), ‘‘[o]nly an objection to a 

rule or procedure which was raised with 

reasonable specificity during the period 

for public comment (including any 

public hearing) may be raised during 

judicial review.’’ This section also 

provides a mechanism for the EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. Environmental 

Protection Agency, Room 3000, WJC 

West Building, 1200 Pennsylvania Ave. 

NW, Washington, DC 20460, with a 

copy to both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

E. What are the incremental costs and 

benefits of this action? 

This Federal plan implements the 

CISWI EG that were promulgated on 

February 7, 2013, and amended on June 

23, 2016, and April 16, 2019 (see the 

background discussion in section II.A. 

of this preamble for more detail), for the 

states (see table 2 of this preamble) that 

do not have approved state plans 

implementing the CISWI EG. Therefore, 

any costs and benefits associated with 

this Federal plan have already been 

quantified and attributed to the CISWI 

EG (i.e., CISWI EG benefits and costs 

equal those for units covered by 

approved state plans plus those units 

covered by this Federal plan—see 

section II.C. of this preamble for more 

detailed discussion). Because the 

Consolidated Appropriations Act of 

2024, H.R. 4366, section 432, precludes 

the EPA from expending funds to 

implement or enforce the EG codified 

under 40 CFR part 60, subpart DDDD, 

with respect to units in the State of 

Alaska that are defined as ‘‘small remote 

incinerators’’ (SRI) until a subsequent 

regulation is issued, neither costs nor 

emission reductions from SRIs located 

in Alaska are included in the portion of 

CISWI EG costs and emissions reduction 

expected due to the Federal plan 

implementation. 

Incineration of solid waste at 

commercial and industrial facilities 


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1See 78 FR 9131–9133 to reference the impacts 

of the EG adopted on February 7, 2013. 

2See 75 FR 31970 (June 4, 2010), where 

polycyclic organic matter (POM) and 

polychlorinated biphenyl (PCB) emission 

reductions are discussed. 

3The EPA is not aware of any CISWI units owned 

or operated by Indian tribal governments at the time 

of the publication of this document. 

4Five states did not submit a draft or final state 

plan or negative declaration and one state indicated 

intent to submit a state plan to the EPA. 

5Many aspects of the CISWI rule were challenged 

in the United States Court of Appeals for the 

District of Columbia Circuit (D.C. Circuit or Court) 

in American Forest and Paper Association (AFPA) 

v. EPA, and the Court rejected all challenges to the 

standards and other provisions being implemented 

in this Federal plan. See AFPA v. EPA, 830 F.3d 

579 (D.C. Cir. 2016). 

6The 2019 technical amendments addressed 

certain implementation issues and inconsistencies 

that required further clarification or correction to 

the 2016 EG. The technical amendments were not 

substantive and did not introduce any analytical 

changes to the emission guidelines; therefore, a 

supplemental proposal was not required. 

causes the release of a wide array of air 

pollutants, some of which exist in the 

waste feed material and are released 

unchanged during combustion, and 

some of which are generated as a result 

of the combustion process itself.1 The 

EPA estimated in the 2013 rule that 

once the state plans and the Federal 

plan become effective, a total emissions 

reduction of the regulated pollutants 

would occur as follows: acid gases (i.e., 

hydrogen chloride (HCl) and sulfur 

dioxoide (SO2), about 7,046 tons per 

year (tpy); particulate matter (PM) about 

2,401 tpy; non-Hg metals (i.e., lead (Pb) 

and cadmium (Cd)) about 4.5 tpy; 

carbon monoxide (CO) about 20,000 tpy; 

nitrogen oxides (NOX) about 5,399 tpy; 

and mercury (Hg) about 688 pounds per 

year. The EPA also estimated that air 

pollution control devices installed to 

comply with the 2013 rule would also 

effectively reduce emissions of 

pollutants such as 7-polycyclic aromatic 

hydrocarbons and polychlorinated 

biphenyls (PCB).2

II. Background Information 

A. What is the statutory authority for 

this action? 

Sections 111(b) and 129(a) of the CAA 

address emissions from new units (i.e., 

New Source Performance Standards 

(NSPS)), and CAA sections 111(d) and 

129(b) address emissions from existing 

units (i.e., EG). The NSPS are Federal 

regulations which are directly 

enforceable upon CISWI, and, under 

CAA section 129(f)(1), become effective 

6 months after promulgation. Unlike the 

NSPS, the EG provide direction for 

developing state plans, and are not 

themselves directly enforceable. For the 

EG to be enforceable, it must be 

implemented through either an EPAapproved state or tribal 3 plan or 

through an EPA adopted Federal plan. 

The Federal plan regulates CISWI in 

states that do not have approved plans 

in effect to implement the EG. Although 

Congress required the EPA to 

promulgate a Federal plan for states that 

fail to submit approvable state plans, 

states may submit approvable state 

plans after promulgation of the Federal 

plan and become subject to the 

approved state plans. Congress 

established CAA sections 111 and 129 

with the intent that the state and local 

agencies take the primary responsibility 

for ensuring that the emissions 

limitations and other requirements in 

the EG are achieved. 

CAA section 129(b)(2) directs states 

with existing CISWI(s) subject to the EG 

to submit plans to the EPA that 

implement and enforce the EG. The 

deadline for states to submit state plans 

to the EPA for review was February 7, 

2014 (see 78 FR 9121–2, February 7, 

2013).4 CAA sections 111 and 129(b)(3) 

and 40 CFR 60.27(c) and (d) require the 

EPA to develop, implement and enforce 

a Federal plan for CISWI in any state 

which has not submitted an approvable 

state plan within 2 years after 

promulgation of the EG. On January 11, 

2017, the EPA proposed a Federal plan 

that would apply to any CISWI located 

in any state without an approved state 

plan as of the compliance date for 

existing CISWI (i.e., 5 years after 

promulgation of the emission 

guidelines). The EPA did not reopen the 

underlying CISWI rule for public 

comment in this current action and the 

Agency does not address comments on 

the underlying CISWI rule.5

CAA section 129, titled ‘‘Solid Waste 

Combustion,’’ requires the EPA to 

develop and adopt standards for solid 

waste incineration units pursuant to 

CAA sections 111 and 129. On March 

21, 2011, the EPA promulgated revised 

NSPS and EG for CISWI. At that time, 

the Administrator also announced that 

it identified certain issues that 

warranted further opportunity for public 

comment and that the Agency was 

planning to reconsider the CISWI rule. 

The EPA also received petitions for 

reconsideration of the final CISWI rule. 

On December 23, 2011, the EPA 

proposed revisions to the March 2011 

final CISWI rule and requested 

comment on proposed changes to the 

NSPS and EG for CISWI (76 FR 80452). 

On February 7, 2013, the EPA 

promulgated the final reconsideration of 

the 2011 NSPS and EG for CISWI (78 FR 

9112). The 2013 final rule made some 

revisions to the December 2011 

proposed reconsideration rule in 

response to comments and additional 

information received. Following that 

action, the EPA received petitions for 

reconsideration of the 2013 final rule. 

These petitions stated certain provisions 

should be reconsidered and that the 

public lacked sufficient opportunity to 

comment on some of the provisions 

contained in the final 2013 CISWI rule. 

On January 21, 2015, the EPA 

reconsidered and requested comment on 

four provisions of the 2013 final NSPS 

and EG for CISWI. Additionally, the 

EPA proposed clarifying changes and 

corrections to the 2013 final rule, some 

of which were raised in petitions for 

reconsideration. On June 23, 2016, the 

EPA promulgated the final 

reconsideration of the 2013 NSPS and 

EG for CISWI (81 FR 40956) (2016 

CISWI rule). 

Following promulgation of the 2016 

CISWI rule, the EPA received requests 

from industry interested parties and 

implementing agencies to clarify various 

issues with implementation of the 

standards. In addition, the EPA 

identified certain procedural issues, 

including testing and monitoring issues 

and inconsistencies within the rules,6

that required further clarification or 

correction. On June 15, 2018, the EPA 

proposed amendments to several 

provisions of the 2016 CISWI rule to 

address these issues (83 FR 28068). In 

addition, the EPA identified additional 

regulatory provisions, beyond those 

raised by the requests from industry 

interested parties and implementing 

agencies, that required clarification and 

editorial correction to address 

inconsistencies and errors in the final 

rule. The EPA promulgated these 

technical amendments on April 16, 

2019 (84 FR 15846). 

B. What is the purpose of this action? 

CAA section 129(b)(2) requires states 

to implement the EG for existing solid 

waste incineration units, including 

CISWI. States with existing CISWI were 

required to submit to the EPA, within 

one year following promulgation of the 

EG (by February 7, 2014), state plans 

that are at least as protective as the EG. 

CAA sections 111 and 129 and 40 CFR 

60.27(c) and (d) require the EPA to 

develop, implement, and enforce a 

Federal plan in states that have not 

submitted an approvable plan. The EPA 

is promulgating this CISWI Federal plan 

to be effective in any state that failed to 

provide an approvable state plan, thus 

ensuring implementation and 

enforcement of the final CISWI EG. 

The regulations required states 

without any existing CISWI to submit to 

the Administrator a letter of negative 


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7The ‘‘final CISWI EG’’ means the provision of 40 

CFR part 60, subpart DDDD, including the revisions 

published on June 23, 2016 (81 FR 40956), and 

April 16, 2019 (84 FR 15846). As noted in the June 

23, 2016, preamble, the final CISWI EG action 

granted reconsideration and addressed certain 

aspects of the February 7, 2013, rule, which itself 

was issued to grant reconsideration of aspects of the 

March 21, 2011, rule. The April 16, 2019, technical 

amendments included clarifying revisions and 

general editorial corrections. See section II.A. of 

this preamble for more discussion on the 

background of the final CISWI EG. 

8 42 U.S.C. 7602. Definitions (d) The term ‘‘State’’ 

means a State, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, 

Guam, and American Samoa and includes the 

Commonwealth of the Northern Mariana Islands. 

declaration certifying that there are no 

CISWI in the state (see 40 CFR 62.06). 

No plan was required for states that do 

not have any CISWI. CISWI located in 

states that mistakenly submitted a letter 

of negative declaration are subject to the 

Federal plan, once effective, until a state 

plan regulating those CISWI is 

approved. State plans that have been 

submitted to implement the final CISWI 

EG,7 have either been approved or are 

currently undergoing EPA review. This 

CISWI Federal plan implements the 

final CISWI EG in those states that do 

not have an approved state plan in place 

by January 10, 2025. If a state plan is 

approved in part, the Federal plan will 

apply to the affected CISWI in lieu of 

the disapproved portions of the state 

plan until the state addresses the 

deficiencies in the state or tribal plan 

and the revised state plan is approved 

by the EPA. 

C. What is the status of state plan 

submittals? 

The EPA anticipates that facilities in 

ten states and three U.S. territories 8 will 

be subject to the CISWI Federal plan. 

Table 2 of this preamble lists the status 

of state plans as of the signature date of 

this action. Additionally, table 2 of this 

preamble lists states and local agencies 

that submitted negative declarations and 

those that have indicated that they 

intend to take delegation of the Federal 

plan to directly implement and enforce 

the guidelines (see mechanisms for 

transferring authority discussion in 

section VI.B.2. of this preamble for more 

detail). 

TABLE 2—STATUS OF STATE AND TERRITORY PLANS

Status States 

I. EPA-Approved State Plans ............................. Alabama; Colorado; Louisiana; North Dakota; Oklahoma; Puerto Rico; Tennessee; Virginia; 

West Virginia. 

II. Indicated intent to Submit Negative Declarations to the EPA.

III. Negative Declaration Submitted to the EPA Arkansas; Arizona; Connecticut; Delaware; District of Columbia; Idaho; Indiana; Kansas; Kentucky; Maine; Maryland; Massachusetts; Minnesota; Mississippi; Missouri; Montana; Nebraska; New Hampshire; New Jersey; New Mexico; New York; Nevada; Pennsylvania AMS; 

Rhode Island; South Dakota; Utah; Vermont; Virgin Islands; Wyoming. 

IV. Final State Plans Submitted to the EPA ....... Florida; Georgia; Iowa; South Carolina; Texas. 

V. Draft State Plans Submitted to the EPA 

VI. EPA Has Not Received a Draft or Final 

State Plan or Negative Declaration.

California; Hawaii; Michigan; Oregon; Washington. 

VII. Indicated Intent to Submit State Plan to the 

EPA.

North Carolina. 

VIII. Indicated Intent to Accept Delegation of 

Federal Plan 

IX. Indicated Intent to Accept Federal Plan Implementation by the EPA.Alaska; American Samoa; Guam; Illinois; Northern Mariana Islands; Ohio; Wisconsin. 

As the EPA Regional offices approve 

state plans, they will also, in the same 

action, amend the appropriate subpart 

of 40 CFR part 62 to codify their 

approvals. If the EPA approves a state 

plan after the Federal plan is 

promulgated, the Federal plan will no 

longer apply to the CISWI covered by 

the state plan, upon the effective date of 

the state plan. 

CISWI owners or operators can also 

contact the EPA Regional office for the 

state in which their CISWI are located 

to determine whether there is an EPAapproved state plan in place. Table 3 of 

this preamble lists the names, email 

addresses, and telephone numbers of 

the EPA Regional office contacts and the 

states and territories that they cover. 

TABLE 3—REGIONAL OFFICE CONTACTS

Region Regional contact Phone States and territories 

Region I ............. Jessica Kilpatrick, kilpatrick.jessica@epa.gov.(617) 918–1652 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, 

Vermont. 

Region II ............ Fausto Taveras, taveras.fausto@

epa.gov.

(212) 637–3378 New York, New Jersey, Puerto Rico, Virgin Islands. 

Region III ........... Krystal Stankunas, 

stankunas.krystal@epa.gov.

(215) 814–5271 Virginia, Delaware, District of Columbia, Maryland, Pennsylvania, 

West Virginia. 

Region IV .......... Mark Bloeth, bloeth.mark@

epa.gov.

(404) 562–9013 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, Tennessee. 

Region V ........... Margaret Sieffert, 

sieffert.margaret@epa.gov.

(312) 353–1151 Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio. 

Region VI .......... Karolina Ruan-Lei, ruanlei.karolina@epa.gov.(214) 665–7346 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. 

Region VII ......... Larry Gonzalez, gonzalez.larry@

epa.gov.

(913) 551–7041 Iowa, Kansas, Missouri, Nebraska. 


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TABLE 3—REGIONAL OFFICE CONTACTS—Continued 

Region Regional contact Phone States and territories 

Region VIII ........ Allison Reibach, reibach.allison@

epa.gov.

(303) 312–6949 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. 

Region IX .......... Shaheerah Kelly, 

kelly.shaheerah@epa.gov.

(415) 947–4156 Arizona, California, Hawaii, Nevada, American Samoa, Guam, 

Northern Mariana Islands. 

Region X ........... Geoffrey Glass, glass.geoffrey@

epa.gov.

(206) 553–1847 Alaska, Idaho, Oregon Washington. 

III. Summary of Changes Since 

Proposal and Response to Comments 

Based on our review of comments 

received on the 2017 proposed Federal 

plan and statutory prohibitions on the 

implementation of CISWI standards to 

units in the State of Alaska, the EPA is 

finalizing the Federal plan as proposed 

with a few minor exceptions, albeit we 

are finalizing the amendments as a new 

subpart IIIa. We are establishing the 

final compliance date for existing 

sources, implementing the 2019 

technical amendments to the CISWI EG, 

and modifying the applicability of 

subpart DDDD to only apply to small, 

remote incinerators (SRIs) located 

outside the State of Alaska, and 

modifying equation 7 at 40 CFR 

62.14670(y) (now at 40 CFR 

62.14640a(y)) for waste-burning kilns 

that is used to calculate kiln-specific 

emission limit when kiln emissions are 

emitted through multiple stacks. 

Since proposal of amendments to 

subpart III, the EPA determined that 

creating a new subpart will lessen 

confusion for affected sources and 

implementing agencies. Therefore, we 

have created a new subpart IIIa, which 

will replace subpart III once effective, 

which is January 10, 2025. By 

incorporating these amendments as a 

new subpart IIIa, we hope to alleviate 

any confusion that could be caused by 

making significant amendments to the 

current subpart III regulatory text. For 

one, subpart III only applies to 

incinerators but the emission guidelines 

that subpart IIIa will implement 

includes subcategories for incinerators, 

energy recovery units, waste-burning 

kilns, and small remote incinerators, 

with unique requirements and standards 

for each subcategory. Additionally, in 

creating a new subpart IIIa, we can omit 

transitional regulatory requirement 

language and make a ‘‘clean split’’ on a 

single date where subpart III ends 

effectiveness by January 10, 2025, and 

subpart IIIa begins effectiveness from 

that date onward. Finally, to better 

accommodate any potential future 

updates to the CISWI Federal plan, in 

subpart IIIa we are establishing section 

numbering increments of 5 so that there 

is adequate numeric spacing to revise or 

add new regulatory text sections if 

needed in the future. 

As noted above, the EPA is 

establishing the final compliance date to 

be the effective date of this final action, 

which is January 10, 2025. The CAA 

provides that owners or operators of 

affected CISWI must comply no later 

than 5 years after the effective date of 

the final CISWI EG (i.e., February 7, 

2018) or within 3 years from state plan 

approval (or promulgation of a Federal 

plan), whichever is earlier. The final 

compliance date remains as proposed as 

there is no statutory authority under 

CAA section 129 for providing 

compliance extensions (i.e., allowing 

compliance after the compliance date). 

We believe that sources have had ample 

notification of this final compliance 

date and that they were aware of what 

measures they must take in order to 

comply. 

Based on reviews of permits for units 

potentially subject to this Federal plan, 

the EPA has determined that sources in 

states and territories that would be 

subject to the Federal plan have either 

ceased burning waste or have made 

control device retrofits in the period of 

time since the 2017 proposed Federal 

plan was published. Furthermore, no 

adverse comments were received 

requesting additional time for 

compliance beyond the proposed 

February 7, 2018, final compliance date. 

Thus, the EPA has determined that no 

additional time is necessary for sources 

to comply with the standards. 

We are also finalizing other 

provisions to be consistent with the 

2019 technical amendments to the 

CISWI EG (84 FR 15848). Although 

these provisions were not included in 

the original proposed Federal plan, the 

EPA subsequently solicited comments 

on these modifications to the EG in the 

2019 CISWI rulemaking. Therefore, the 

public had adequate opportunity to 

comment on these changes and had 

notice that sources subject to the 

Federal plan would be subject to these 

revised provisions. The technical 

amendments provided meaningful 

burden reduction by allowing regulated 

facilities additional time to complete 

initial compliance demonstrations and 

adding production-based emission 

limits in lieu of the concentration-based 

limits in the 2016 CISWI rule. The 

requirement in 40 CFR 62.14535(a)(4) 

(now at 40 CFR 62.14535a(b)(4)) to 

perform the initial performance test 

within 90 days of the final compliance 

date has been revised to be within 180 

days of the final compliance date, 

consistent with §§ 62.14665(a) and 

62.14820(b) (now at §§ 62.14630a(a) and 

62.14760a(b), respectively). 

The Waste Management Plan (WMP) 

submittal due date has been changed 

from November 7, 2017, to the final 

compliance date, January 10, 2025, to be 

consistent with the EG (40 CFR part 60, 

subpart DDDD). The WMP is a 

component of compliance, and therefore 

it may be submitted together with 

operating procedures, operator training, 

and initial compliance testing to 

demonstrate initial compliance. 

The EPA is finalizing revisions to 40 

CFR 62.14755(b) (now at § 62.14730a(b)) 

to clarify that results of performance 

testing and CEMS performance 

evaluations occurring over multiple 

days may be submitted together up to 60 

days after all performance evaluations 

are completed. The EPA is also 

finalizing the addition of an alternative 

equivalent emission limit for Hg for the 

waste-burning kiln subcategory to be 

consistent with the 2019 CISWI EG 

technical amendments (84 FR 15848). 

Specifically, the EPA is adding, to the 

Federal plan, a 58 lb/million (MM) ton 

clinker emission limit for Hg for the 

waste-burning kiln subcategory as an 

alternative equivalent emission limit to 

the 0.011 mg/dscm standard. 

Consistent with the 2019 rule, the 

EPA is also finalizing clarifications 

regarding the Agency’s intent to allow 

CEMS for demonstrating initial 

compliance for any pollutant and 

clarification of continuous parameter 

monitoring requirements when CEMS 

are used for direct pollutant emissions 

monitoring. The EPA is also finalizing 

additional minor technical amendments 

consistent with the 2019 rule: 

Clarifications of other CEMS 

requirements; clarification of 

continuous opacity monitoring system 


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9Consolidated Appropriations Act, 2024. Public 

Law 118–42 (2024, March 8). https://

www.congress.gov/bill/118th-congress/house-bill/ 

4366/text. 

(COMS) requirements; clarification of 

reduced testing requirements; 

clarification of deviation reporting 

requirements for continuous monitoring 

data; and clarification of activated 

carbon injection (ACI) requirements. 

The EPA is finalizing a revised 

definition of ‘‘small, remote incinerator’’ 

to reflect new prohibitions on the 

implementation of CISWI standards to 

units in the State of Alaska that were 

implemented by Congress after the EPA 

proposed the Federal plan. As specified 

in the Consolidated Appropriations Act 

of 2024, H.R. 4366, section 432,9 the 

EPA is precluded from ‘‘expending 

funds to implement or enforce 40 CFR 

part 60 subpart DDDD [the 2011 EG 

currently in effect] with respect to units 

in the state of Alaska that are defined as 

small remote incinerator until a 

subsequent regulation is issued.’’ 

In the 2000 CISWI EG (65 FR 75351), 

we excluded combustion units at 

commercial or industrial facilities with 

a capacity less than 35 tons per day that 

combust more than 30 percent MSW 

from the rule. SRI means an incinerator 

that combusts solid waste (as that term 

is defined by the Administrator in 40 

CFR part 241) and combusts 3 tons per 

day or less solid waste and is more than 

25 miles driving distance to the nearest 

municipal solid waste landfill. The SRIs 

were found to qualify for an exemption 

from CISWI based on their burning at 

least 30 percent MSW. In the 2011 

CISWI EG we removed this exemption 

to ensure that any CISWI combusting 

any solid waste is subject to these 

standards. Therefore, commercial and 

industrial units that were previously 

exempt pursuant to this provision 

would be required to meet the emission 

limits and operating requirements of the 

rule. In this final action, we have 

revised the definition of ‘‘small, remote 

incinerator’’ consistent with the 

prohibition in the appropriations rider 

to mean ‘‘an incinerator located outside 

the state of Alaska that combusts solid 

waste (as that term is defined by the 

Administrator in 40 CFR part 241) and 

combusts 3 tons per day or less solid 

waste and is more than 25 miles driving 

distance to the nearest municipal solid 

waste landfill’’ (emphasis added). 

Finally, based on review of the initial 

and continuous compliance 

requirements, the EPA has modified 

equation 7, used to calculate kilnspecific emission limit when kiln 

emissions are emitted through multiple 

stacks, at 40 CFR 62.14670(y) (now at 40 

CFR 62.14640a(y)). When kiln emissions 

are emittted through multiple stacks 

(e.g., there is an alkali bypass and/or an 

in-line coal mill that exhaust emissions 

through a separate stack(s)), the 

combined emissions are subject to the 

emission limits applicable to wasteburning kilns in table 8. At proposal, 

equation 7 only reflected a single 

configuration of emissions, a single 

alakali bypass and in-line coal mill, it 

did not reflect the multiple different 

stack configurations currently in use. 

Therefore, equation 7 has been modified 

to generalize the number and type of 

stacks and allow all configurations of 

sources to correctly calculate the kiln 

stack concentration limit for continuing 

compliance, irrespective of the number 

and type of emission points. 

Public comments on the proposed 

rulemaking and the EPA’s responses to 

these comments are addressed in a 

separate response to comment 

document, available in docket EPA– 

HQ–OAR–2016–0664. 

IV. Summary of Final CISWI Federal 

Plan Requirements 

The CISWI Federal plan requirements 

are described below. Table 4 of this 

preamble lists each element and 

identifies where it is located or codified. 

TABLE 4—ELEMENTS OF THE CISWI FEDERAL PLAN

Element of the CISWI Federal plan Location 

Legal authority and enforcement mechanism .... Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA. 

Inventory of affected CISWI ............................... Docket ID No. EPA–HQ–OAR–2016–0664. 

Inventory of emissions ........................................ Docket ID No. EPA–HQ–OAR–2016–0664. 

Compliance schedules ........................................ 40 CFR 62.14535 through 62.14575 (now at 40 CFR 62.14535a through 62.14545a). 

Emissions limits and operating limits ................. 40 CFR 62.14630 through 62.14645 (now at 40 CFR 62.14600a through 62.14610a). 

Operator training and qualification ..................... 40 CFR 62.14595 through 62.14625 (now at 40 CFR 62.14565a through 62.14595a). 

Testing, monitoring, recordkeeping and reporting.40 CFR 62.14650 through 62.14760 (now at 40 CFR 62.14615a through 62.14735a). 

Record of public hearings ................................... Docket ID No. EPA–HQ–OAR–2016–0664. 

A. What are the final applicability 

requirements? 

The Federal plan applicability reflects 

the final CISWI EG. The Federal plan 

applies in whole or in part to existing 

CISWI meeting the applicability of 40 

CFR 62.14510 (now at 40 CFR 

62.14510a) that are located in any state, 

with the exception of SRIs located in 

Alaska, that does not currently have a 

fully approved state plan in place. 

Existing CISWI are all CISWI, including 

air curtain incinerators (ACIs), for 

which construction commenced on or 

before June 4, 2010, or that commenced 

modification or reconstruction after 

June 4, 2010, but no later than August 

7, 2013. The Federal plan requirements 

apply to owners and/or operators of 

existing incineration units combusting 

solid waste (as defined under the 

Resource Conservation and Recovery 

Act (RCRA) and located at commercial 

or industrial facilities (i.e., CISWI (as 

defined in 40 CFR 62.14840 now at 40 

CFR 62.14780a). Four subcategories are 

defined for existing units: incinerators 

(i.e., units designed to burn discarded 

waste materials for the purpose of 

disposal); SRIs; energy recovery units 

(ERU) (i.e., units that would be boilers 

or process heaters if they did not 

combust solid waste); and waste 

burning kilns (i.e., units that would be 

cement kilns if they did not combust 

solid waste). The final CISWI EG further 

subcategorize ERUs into 3 subcategories 

and waste burning kilns into 2 

subcategories. 

The final CISWI EG establishes 

opacity limitations for ACI that burn 

100 percent wood waste; 100 percent 

clean lumber; or a 100 percent mixture 

of only wood waste, clean lumber, and/ 

or yard waste. If an ACI begins burning 

solid waste as defined in the Non 

Hazardous Secondary Materials rule 

(see 40 CFR part 241) in addition to, or 

instead of, wood waste, clean lumber, or 

a mixture of wood waste, clean lumber, 

and/or yard waste, it is a solid waste 

incineration unit that is subject to the 


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applicable numerical emission 

standards contained in CISWI. 

B. What are the final compliance 

schedules? 

The Federal plan requires owners or 

operators of CISWI to come into 

compliance by January 10, 2025. 

Although the final CISWI EG included 

increments of progress in the 

compliance schedule, the EPA is not 

including increments of progress as a 

compliance pathway for the final 

Federal plan. Increments of progress 

were included in the EG to establish 

obligations that would apply to sources 

planning to take more than one year 

from approval of the state plan to 

comply. The increments would help 

ensure that sources planning to take 

more than one year to comply would 

make some incremental progress toward 

compliance after the first year. The 

increments did not require any 

additional action within one year of 

approval of a state plan (or 

promulgation of a Federal plan). 

Because the increments of progress 

contained in the final EG do not require 

any additional action within one year of 

promulgation of a Federal plan, 

including the increments of progress in 

this Federal plan would serve no 

meaningful purpose and may create 

confusion. For this reason, the EPA did 

not include increments of progress in 

the proposed Federal plan, and we are 

not including them in this final action. 

If a CISWI does not achieve final 

compliance by January 10, 2025, the 

final Federal plan requires the CISWI to 

shut down by January 10, 2025, 

complete the retrofit while not 

operating, and be in compliance upon 

restarting. A CISWI that operates out of 

compliance after the final compliance 

date would be in violation of the 

Federal plan and subject to enforcement 

action. 

C. What emissions and operating limits 

is the EPA incorporating into the final 

Federal plan? 

The EPA is incorporating the EG 

emissions and operating limits from the 

final CISWI EG, 40 CFR part 60, subpart 

DDDD, into this final CISWI Federal 

plan. Table 5 of this preamble 

summarizes the emissions limits that we 

are finalizing in the final Federal plan. 

Table 5 also includes the 2000 CISWI 

Federal plan emission limits (which 

applied only to units in the existing 

incinerator subcategory) for comparison. 

These standards apply at all times. 

Existing sources may comply with 

either the Polychlorinated dibenzo-pdioxins/Polychlorinated dibenzofurans 

(PCDD/PCDF) toxicity equivalence or 

total mass balance emission limits. 

Facilities will be required to establish 

site-specific operating limits derived 

from the results of performance testing. 

The site-specific operating limits are 

established as the minimum (or 

maximum, as appropriate) operating 

parameter value measured during the 

performance test. These operating limits 

will result in achievable operating 

ranges that will ensure that the control 

devices used for compliance will be 

operated to achieve continuous 

compliance with the emissions limits. 

Further discussion on performance 

testing can be found in section IV.D. of 

this preamble. 

TABLE 5—SUMMARY OF EMISSIONS LIMITS PROMULGATED FOR EXISTING CISWI 

Pollutant (units) 1

Incinerators 

(2,000 CISWI 

limit) 

CISWI subcategories 

Incinerators ERUs—solids ERUs— 

liquid/gas Waste-burning kilns SRIs 

HCl (parts per million by volume (ppmv)) 62 29 0.20 (biomass units)/58 

(coal units).

14 3.0 .................................. 300 

CO (ppmv) ................................................ 157 17 260 (biomass units)/95 

(coal units).

35 110 (long kilns)/790 

(preheater/precalciner).

64 

Pb (mg/dscm) ............................................ 0.04 0.015 0.014 (biomass units)/ 

0.057 (coal units).

0.096 0.014 .............................. 2.1 

Cd (mg/dscm) ........................................... 0.004 0.0026 0.0014 (biomass units)/ 

0.0017 (coal units).

0.023 0.0014 ............................ 0.95 

Hg (mg/dscm) ........................................... 0.47 0.0048 0.0022 (biomass units)/ 

0.013 (coal units).

0.0024 0.011 2 ........................... 0.0053 

PM, filterable (mg/dscm) ........................... 70 34 11 (biomass units)/130 

(coal units).

110 13.5 ................................ 270 

Dioxin, furans, total (ng/dscm) .................. (no limit) 4.6 0.52 (biomass units)/5.1 

(coal units).

2.9 1.3 .................................. 4,400 

Dioxins and furans, TEQ (nanograms per 

dry standard cubic meter (ng/dscm)).

0.41 0.13 0.12 (biomass units)/ 

0.075 (coal units).

0.32 0.075 .............................. 180 

NOX (ppmv) ............................................... 388 53 290 (biomass units)/460 

(coal units).

76 630 ................................. 190 

SO2 (ppmv) ............................................... 20 11 7.3 (biomass units)/850 

(coal units).

720 600 ................................. 150 

1All emission limits are expressed as concentrations corrected to 7 percent O2. 2Or alternative limit of 58 lb/MM ton clinker. 

D. What are the final performance 

testing and monitoring requirements? 

The EPA is finalizing several 

performance testing and monitoring 

provision amendments to the current 

2003 CISWI Federal plan (see 68 FR 

57518, October 3, 2003) that are 

consistent with the requirements of the 

final CISWI EG. The following 

paragraphs list a number of testing and 

monitoring requirements in the final 

CISWI EG that the EPA is including in 

the final CISWI Federal plan. 

1. Performance Testing and Monitoring 

The final Federal plan requires all 

CISWI to demonstrate initial and 

continuous compliance with the final 

emission limits. These provisions 

require initial and annual performance 

tests and initial and annual inspections 

of scrubbers, fabric filters (FF), and 

other air pollution control devices that 

are used to meet the emission limits. In 

addition, a Method 22 (40 CFR part 60, 

appendix A–7) visible emissions test of 

the ash handling operations is required 

during the initial and annual 

compliance test for all subcategories 

except waste-burning kilns, which do 

not have ash handling systems. 

Furthermore, for any CISWI that 

operates a FF air pollution control 

device, we are requiring that a bag leak 

detection system be installed to monitor 

the device. 

This Federal plan continues to require 

parametric monitoring of all other addon air pollution control devices, such as 

wet scrubbers, dry scrubbers and 


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10https://www.epa.gov/electronic-reporting-airemissions/cedri. 

activated carbon injection. CISWI that 

install selective non-catalytic reduction 

technology to reduce NOX emissions are 

required to monitor the reagent (e.g., 

ammonia or urea) injection rate and 

secondary chamber temperature (if 

applicable to the CISWI). This final 

Federal plan also requires subcategoryspecific monitoring requirements in 

addition to the aforementioned 

inspection, bag leak detection, and 

parametric monitoring requirements 

that are applicable to all CISWI. Existing 

incinerators, SRIs, and ERUs are 

required to have annual emissions 

testing for all 9 pollutants: PM, SO2, 

HCl, NOX, CO, Pb, Cd, Hg, and dioxins 

and furans. Waste-burning kilns are 

required to monitor Hg and HCl (if no 

scrubber) emissions using a continuous 

emissions monitoring system, monitor 

PM emissions using a PM continuous 

parameter monitoring system (PM 

CPMS), and perform annual testing for 

the remaining pollutants. 

The final Federal plan provides 

reduced annual testing requirements for 

all 9 pollutants when testing results are 

shown to be well below the limits. If an 

ERU has a design capacity greater than 

250 Million British Thermal units per 

hour, we are requiring a PM CPMS for 

PM monitoring for these units. For the 

PM CPMS, the EPA is further requiring 

that a site-specific parametric operating 

limit be established during the 

performance test, that there be 

continuous monitoring of that 

parametric limit using a PM CPMS, and 

that 4 deviations within a 12-month 

operating period constitutes a violation 

and triggers immediate corrective action 

and a Method 5 performance test within 

30 days with an additional 15 days to 

reestablish a site-specific operating 

limit. Consistent with the final CISWI 

EG, all operating parameter averaging 

for ERU units must be on a 30-day 

rolling average and allow the sorbent 

injection parameter to be adjusted based 

on the ERU’s load. These testing and 

monitoring provisions reflect those in 

the final CISWI EG. 

The final Federal plan incorporates by 

reference two alternatives to the EPA 

reference test methods, and one EPA 

guidance document, as shown in table 

6 below. 

TABLE 6—LIST OF INCORPORATION BY REFERENCE (IBR) 

Test method Publisher IBR in 40 CFR part 62, subpart IIIa 

ANSI/ASME PTC 19.10–1981, Flue and Exhaust 

Gas Analyses [Part 10, Instruments and Apparatus], Issued August 31, 1981.

Available for purchase from the American Society 

of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990, (800) 843– 

2763, https://www.asme.org/.

§ 62.14640a(s)(1)(i) and (ii), (t)(1)(ii), 

(t)(4)(i), and (z)(1)(i) and tables 4, 

5, 6, and 7 to subpart IIIa of part 

62. 

ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), approved March 1, 2024.Available for purchase from at least one of the following addresses: American Society for Testing 

and Materials (ASTM), 100 Barr Harbor Drive, 

Post Office Box C700, West Conshohocken, PA 

19428–2959; or ProQuest, 300 North Zeeb 

Road, Ann Arbor, MI 48106, (877) 909–2786, 

https://www.astm.org/.

§ 62.14665a(j) and tables 4, 5, and 7 

to subpart IIIa of part 62. 

Fabric Filter Bag Leak Detection Guidance, EPA– 

454/R–98–015, September 1997.

Available from the U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, https://

www.epa.gov or https://www3.epa.gov/ttnemc01/ 

cem/tribo.pdf.

§ 62.14640a(r)(3) and (z)(2)(i). 

These tests are discussed further in 

section VIII.I. of this preamble, titled 

‘‘National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

part 51.’’ 

2. Electronic Data Submittal 

To increase the ease and efficiency of 

data submittal and data accessibility, 

the final Federal plan requires that 

owners and operators of CISWI submit 

electronic copies of required 

performance test, performance 

evaluation, initial, annual, and 

deviation reports through the EPA’s 

Central Data Exchange (CDX) using the 

Compliance and Emissions Data 

Reporting Interface (CEDRI). This 

mirrors the final CISWI EG for CISWI. 

A description of the electronic data 

submission process is provided in the 

memorandum Electronic Reporting 

Requirements for New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Rules, available in the docket for this 

action. The final rule requires that 

performance test and performance 

evaluation results be submitted in the 

format generated through the use of the 

ERT or an electronic file consistent with 

the xml schema on the ERT website for 

initial, deviation, and annual reports, 

the final rule requires that owners and 

operators use the appropriate 

spreadsheet template to submit 

information to CEDRI. The final version 

of the templates for these reports will be 

located on the CEDRI website.10

Furthermore, the EPA is finalizing 

provisions that allow owners and 

operators the ability to seek extensions 

for submitting electronic reports for 

circumstances beyond the control of the 

facility, i.e., for a possible outage in CDX 

or CEDRI or for a force majeure event, 

in the time just prior to a report’s due 

date, as well as the process to assert 

such a claim. Examples of force majeure 

events are acts of nature, acts of war or 

terrorism, or equipment failure or safety 

hazards beyond the control of the 

facility. The EPA is providing these 

potential extensions to protect owners 

and operators from noncompliance in 

cases where they cannot successfully 

submit a report by the reporting 

deadline for reasons outside of their 

control. In both circumstances, the 

decision to accept the claim of needing 

additional time to report is within the 

discretion of the Administrator, and 

reporting should occur as soon as 

possible. This also mirrors the final 

CISWI EG for CISWI. 

E. What are the final recordkeeping and 

reporting requirements? 

The EPA is finalizing requirements 

that reflect those promulgated in the 

final CISWI EG. The Federal plan 

requires that records of all initial and all 

subsequent performance tests, CEMS 

performance evaluations, deviation 

reports, operating parameter data, 

continuous monitoring data, 

maintenance and inspections of air 


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pollution control devices, monitoring 

plan, and operator training and 

qualification must be maintained for 5 

years. Any incident of deviation, 

resumed operation following shutdown, 

force majeure, intent to stop or start use 

of Continuous Monitoring Systems 

(CMS), and intent of conducting or 

rescheduling a performance test are 

required to be reported to the 

Administrator. Furthermore, final 

compliance reports are required 

following the completion of each 

requirement and identifying any missed 

requirement. See section IV.B. of this 

preamble for a more detailed discussion 

of the compliance schedules. 

F. What are the other final 

requirements? 

We are finalizing requirements for the 

Federal plan to make it consistent with 

the final CISWI EG, including technical 

amendments promulgated on April 16, 

2019. For example, the final CISWI 

Federal plan includes the requirement 

for owners or operators of existing 

CISWI to meet operator training and 

qualification requirements, which 

include: ensuring that at least one 

operator or supervisor per facility 

complete the operator training course, 

that qualified operator(s) or 

supervisor(s) complete an annual review 

or refresher course specified in the 

regulation, and that they maintain plantspecific information, updated annually, 

regarding training. 

Owners or operators of existing CISWI 

are also required to submit a monitoring 

plan for any CMS or bag leak detection 

system used to comply with the rule. 

V. CISWI That Have or Will Shut Down 

A. Units That Plan To Close 

The final Federal plan establishes that 

if owners or operators plan to 

permanently close currently operating 

CISWI, they must do so and submit a 

closure notification to the Administrator 

by January 10, 2025. The final 

requirements for closing a CISWI are set 

forth at 40 CFR 62.14570 (subpart III) 

(now at 40 CFR 62.14540 (subpart IIIa)). 

Conversely, the CISWI requirements do 

apply to a ‘‘mothballed unit’’ or inactive 

unit, where a unit does not operate, but 

it is not rendered inoperable. Until such 

time as a unit is permanently closed, it 

must comply with any applicable 

requirements of the Federal plan. In 

addition, while still in operation, the 

CISWI is subject to the same 

requirements for title V operating 

permits that apply to units that will 

continue to operate. 

B. Inoperable Units 

The Federal plan provides that in 

cases where a CISWI has already shut 

down permanently and has been 

rendered inoperable (e.g., waste charge 

door is welded shut, stack is removed, 

combustion air blowers removed, 

burners or fuel supply equipment are 

removed), the CISWI may be left off the 

source inventory in a state plan or this 

final Federal plan. A CISWI that has 

been rendered inoperable would not be 

covered by the Federal plan. 

C. CISWI That Have Shut Down 

The unit inventory for this Federal 

plan includes any CISWI known to have 

already shut down (but not known to be 

inoperable). 

1. Restarting Before the Final 

Compliance Date 

If the owner or operator of an inactive 

CISWI plans to restart before the final 

compliance date, the owner or operator 

must achieve final compliance by 

January 10, 2025. 

2. Restarting After the Final Compliance 

Date 

Under the final Federal plan, if the 

owner or operator of a CISWI closes the 

CISWI, but restarts the unit after the 

final compliance date of January 10, 

2025, the owner or operator must 

complete emission control retrofits and 

meet the emissions and operating limits 

on the date the CISWI restarts operation. 

Within 6 months of the unit startup, 

operator(s) of these CISWI would have 

to complete the operator training and 

qualification requirements. Within 60 

days of installing an air pollution 

control device, operator(s) must conduct 

a unit inspection. Performance testing to 

demonstrate initial compliance would 

also be required as described at 40 CFR 

62.14650 (now at 40 CFR 62.14615a). A 

CISWI may not use the provisions to 

close the CISWI and restart after the 

compliance date to gain an effective 

‘‘extension’’ of the operator training and 

qualification requirements or initial 

compliance requirements. A CISWI that 

operates out of compliance after the 

final compliance date will be in 

violation of the Federal plan and subject 

to enforcement action. 

VI. Implementation of the Federal Plan 

and Delegation 

A. Background of Authority 

Under sections 111(d) and 129(b) of 

the CAA, the EPA is required to adopt 

EG that are applicable to existing solid 

waste incineration units. These EG are 

implemented when the EPA approves a 

state plan or adopts a Federal plan that 

implements and enforces the EG. As 

discussed above, the Federal plan 

regulates CISWI in states that do not 

have fully approved plans in effect to 

implement the EG. 

Congress has determined that the 

primary responsibility for air pollution 

prevention and control rests with state 

and local agencies. (See section 

101(a)(3) of the CAA.) Consistent with 

that overall determination, Congress 

established sections 111 and 129 of the 

CAA with the intent that the state and 

local agencies take the primary 

responsibility for ensuring that the 

emissions limitations and other 

requirements in the EG are achieved. 

Also, in section 111(d) of the CAA, 

Congress explicitly required that the 

EPA establish procedures that are 

similar to those under CAA section 

110(c) for state implementation plans. 

Although Congress required the EPA to 

propose and promulgate a Federal plan 

for states that fail to submit approvable 

state plans on time, states may submit 

plans at any time that may replace the 

CISWI Federal plan. The EPA strongly 

encourages states that are unable to 

submit approvable plans to request 

delegation of the Federal plan so that 

they can have primary responsibility for 

implementing the final CISWI EG, 

consistent with the intent of Congress. 

The preferred outcome under the 

statute and the regulations results when 

the state, tribal, and local agencies 

implement the EPA approved state (or 

tribal) plan because state, tribal, and 

local agencies not only have the 

responsibility to implement the final 

CISWI EG, but also have the practical 

knowledge and enforcement resources 

critical to achieving the highest rate of 

compliance. In cases where states are 

unable to develop and submit 

approvable state plans, it is still 

preferable for the state and local 

agencies to be the implementing agency. 

For these reasons, the EPA will do all 

that it can to expedite delegation of the 

Federal plan to state, tribal, and local 

agencies, whenever possible, in cases 

where states are unable to develop and 

submit approvable state plans. The EPA 

will also continue to review and act on 

state plans after promulgation of the 

CISWI Federal plan. 

B. Mechanisms for Transferring 

Authority 

There are 2 mechanisms for 

transferring implementation authority to 

state, tribal, and local agencies: (1) The 

EPA approval of a state plan after the 

Federal plan is in effect; and (2) if a state 

does not submit or obtain approval of its 

own plan, the EPA delegation to a state, 

tribe, or local agency with the authority 


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11 ‘‘Good Practices Manual for Delegation of NSPS 

and NESHAPS.’’ U.S. EPA, Office of Air Quality 

Planning and Standards (February 1983). https://

www.epa.gov/sites/default/files/2015-05/ 

documents/epa_good_pract_man_ch1-5.pdf. 

12 40 CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1). 

13CAA section 503(c) and 40 CFR 70.3(a) and (b), 

70.5(a)(1)(i), 71.3(a) and (b), and 71.5(a)(1)(i). 

to implement certain portions of this 

Federal plan to the extent appropriate 

and if allowed by state law. Both of 

these options are described in more 

detail below. 

1. Federal Plan Becomes Effective Prior 

to Approval of a State Plan 

After a CISWI in a state without an 

approved state plan becomes subject to 

the Federal plan, the state or tribal 

agency may still adopt and submit a 

state or tribal plan to the EPA. If the 

EPA determines that the state or tribal 

plan is as protective as the final CISWI 

EG, the EPA will approve the state or 

tribal plan. If the EPA determines that 

the plan is not as protective as the final 

CISWI EG, the EPA may approve the 

portions of the plan that are consistent 

with the final CISWI EG. If a state or 

tribal plan is approved in part, the 

Federal plan will apply to the affected 

CISWI in lieu of the disapproved 

portions of the state plan until the state 

or tribe addresses the deficiencies in the 

state plan and the revised state plan is 

approved by the EPA. Prior to any 

disapproval, the EPA will work with 

states and tribes to attempt to reconcile 

areas of the plan that remain 

inconsistent with the EG. 

Upon the effective date of a state or 

tribal plan, the Federal plan would no 

longer apply to CISWI covered by such 

a plan and the state, tribe, territory, or 

local agency would implement and 

enforce the state plan in lieu of the 

Federal plan. When an EPA regional 

office approves a state or tribal plan, it 

will amend the appropriate subpart of 

40 CFR part 62 to indicate such 

approval. 

2. State, Tribe, Territory, or Local 

Agency Taking Delegation of the Federal 

Plan 

The EPA, in its discretion, may 

delegate to state, tribe, territorial, or 

local agencies the authority to 

implement this Federal plan. As 

discussed above, the EPA has concluded 

that it is advantageous and the best use 

of resources for states, tribes, territories, 

or local agencies to agree to undertake, 

on the EPA’s behalf, administrative and 

substantive roles in implementing the 

Federal plan to the extent appropriate 

and where authorized by Federal, state, 

tribal, territorial, or local law. If a state, 

tribe, territory, or local agency requests 

delegation, the EPA will generally 

delegate the entire Federal plan to the 

state, tribe, territory, or local agency. 

These functions include administration 

and oversight of compliance, and 

reporting and recordkeeping 

requirements, CISWI inspections and 

preparation of draft notices of violation, 

but will not include any authorities 

retained by the EPA. Agencies that have 

taken delegation, as well as the EPA, 

will have responsibility for bringing 

enforcement actions against sources 

violating Federal plan provisions. 

C. Implementing Authority 

The EPA Regional Administrators 

have been delegated the authority for 

implementing the CISWI Federal plan. 

All reports required by the Federal plan 

should be submitted to the appropriate 

Regional Administrator. Section II.C. of 

this preamble includes table 3 that lists 

names and addresses of the EPA 

regional office contacts and the states 

they cover. 

D. Delegation of the Federal Plan and 

Retained Authorities 

If a state, tribe, territory, or local 

agency intends to take delegation of the 

Federal plan, the state, tribe, territory, or 

local agency should submit to the 

appropriate EPA regional office a 

written request for delegation of 

authority. The state, tribe, territory, or 

local agency should explain how it 

meets the criteria for delegation. See 

generally ‘‘Good Practices Manual for 

Delegation of NSPS and NESHAP’’ (U.S. 

EPA, February 1983).11 The letter 

requesting delegation of authority to 

implement the Federal plan should: (1) 

demonstrate that the state, tribe, 

territory, or local agency has adequate 

resources, as well as the legal authority 

to administer and enforce the program, 

(2) include an inventory of affected 

CISWI, which includes those that have 

ceased operation, but have not been 

dismantled or rendered inoperable, and 

an inventory of the affected units’ air 

emissions and a provision for state 

progress reports to the EPA, (3) certify 

that a public hearing was held on the 

state, tribe, territory, or local agency 

delegation request, and (4) include a 

memorandum of agreement between the 

state, tribe, territory, or local agency and 

the EPA that sets forth the terms and 

conditions of the delegation, the 

effective date of the agreement and the 

mechanism to transfer authority. Upon 

signature of the agreement, the 

appropriate EPA Regional office would 

publish an approval document in the 

Federal Register, thereby incorporating 

the delegation of authority into the 

appropriate subpart of 40 CFR part 62. 

If authority is not delegated to a state, 

tribe, territory, or local agency, the EPA 

will implement the Federal plan. Also, 

if a state, tribe, territory, or local agency 

fails to properly implement a delegated 

portion of the Federal plan, the EPA 

will assume direct implementation and 

enforcement of that portion. The EPA 

will continue to hold enforcement 

authority along with the state, tribe, 

territory, or local agency even when the 

agency has received delegation of the 

Federal plan. In all cases where the 

Federal plan is delegated, the EPA will 

retain and will not transfer authority to 

a state, tribe, or local agency to approve 

the items in 40 CFR 62.14838 (now at 

40 CFR 62.14775) promulgated in the 

final CISWI EG. CISWI owners or 

operators who wish to petition the 

Agency for any alternative requirement 

should submit a request to the Regional 

Administrator with a copy sent to the 

appropriate state. 

VII. Title V Operating Permits 

All existing CISWI located at 

commercial or industrial facilities and 

regulated under state, tribal, or Federal 

plans implementing the final CISWI EG 

must operate in a manner consistent 

with a title V operating permit that 

assures compliance with all federally 

applicable requirements for any 

regulated CISWI, including all 

applicable CAA section 129 

requirements.12

The permit application deadline for a 

CAA section 129 source applying for a 

title V operating permit depends on 

when the source first becomes subject to 

the relevant title V permit program. 

Because existing major sources are 

subject to title V,13 major source 

facilities that contain existing CISWI 

should already have a title V permit. In 

such cases, the source must comply 

with the title V permit revision 

provisions of the relevant state title V 

program instead of applying for a title 

V permit. In contrast, the application 

deadline would apply to CISWI at 

facilities that are not subject to the title 

V permit program for other reasons. 

Such sources with an existing CISWI or 

air curtain incinerator subject to this 

Federal plan must submit a complete 

title V permit application by the earliest 

of the following dates: 

• Twelve (12) months after the 

effective date of any applicable EPAapproved CAA sections 111(d)/129 plan 

(i.e., approved state or tribal plan that 

implements the final CISWI EG); or 

• Twelve (12) months after the 

effective date of any applicable Federal 

plan; or 


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14See, e.g., the ‘‘Title V and Delegation of a 

Federal Plan’’ section of the proposed Federal plan 

for CISWI, November 25, 2002 (67 FR 70640, 

70652). The preamble language from this section in 

the proposed Federal plan for CISWI was reaffirmed 

in the final Federal plan for CISWI, October 3, 2003 

(68 FR 57518, 57535). 

15 If the Administrator chooses to retain certain 

authorities under a standard, those authorities 

cannot be delegated, e.g., major alternatives to test 

alternative methods. 

16The EPA interprets the phrase ‘‘assure 

compliance’’ in CAA section 502(b)(5)(A) to mean 

that permitting authorities will implement and 

enforce each applicable standard, regulation, or 

requirement which must be included in the title V 

permits that the permitting authorities issue. See 

definition of ‘‘applicable requirement’’ in 40 CFR 

70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1). 

17 It is important to note that an AG’s opinion 

submitted at the time of initial title V program 

approval is sufficient if it demonstrates that a state 

or tribe has adequate authority to incorporate CAA 

section 111/129 requirements into its title V permits 

and to implement and enforce these requirements 

through its title V permits without delegation and 

no subsequent state law or regulation has in some 

way limited that authority. 

• Thirty-six (36) months after 

promulgation of 40 CFR part 60, subpart 

DDDD (i.e., February 7, 2016). 

For any existing CISWI not subject to 

an earlier permit application deadline, 

the application deadline of February 7, 

2016, which is in the past, applies 

regardless of whether or when any 

applicable Federal plan is effective, or 

whether or when any applicable CAA 

sections 111(d)/129 plan is approved by 

the EPA and becomes effective. (See 

CAA sections 129(e), 503(c), 503(d), 

502(a), and 40 CFR 70.5(a)(1)(i) and 

71.5(a)(1)(i).) 

For more background information on 

the interface between CAA section 129 

and title V, including the EPA’s 

interpretation of CAA section 129(e), see 

the final Federal plan for Commercial 

and Industrial Solid Waste Incinerators, 

October 3, 2003 (68 FR 57518, 57532). 

See also the final Federal plan for 

Hospital Medical Infectious Waste 

Incinerators, August 15, 2000 (65 FR 

49868, 49877). 

Title V and Delegation of a Federal Plan 

As noted previously, issuance of a 

title V permit is not itself equivalent to 

the approval of a state or tribal plan or 

delegation of a Federal plan.14 Legally, 

delegation of a standard or requirement 

results in a delegated state, local, or 

tribal agency standing in for the EPA as 

a matter of Federal law. This means that 

obligations a source may have to the 

EPA under a federally promulgated 

standard become obligations to a state, 

tribal, or local agency (except for 

functions that the EPA retains for itself) 

upon delegation.15 Although a state, 

local, or tribal agency must have the 

authority under state, local, or tribal law 

to incorporate CAA section 111/129 

requirements into its title V permits, 

and implement and enforce these 

requirements in these permits without 

first taking delegation of the CAA 

section 111/129 Federal plan, the state, 

local, or tribal agency is not standing in 

for the EPA as a matter of Federal law 

in this situation. Where a state, local, or 

tribal agency does not take delegation of 

a section 111/129 Federal plan, 

obligations that a source has to the EPA 

under the Federal plan continue after a 

title V permit is issued to the source. As 

a result, the EPA maintains that an 

approved 40 CFR part 70 operating 

permits program alone cannot be used 

as a mechanism to transfer the authority 

to implement and enforce the Federal 

plan from the EPA to a state, local, or 

tribal agency. 

As mentioned above, a state, local, or 

tribal agency title V program necessarily 

includes the authority to incorporate 

CAA section 111/129 requirements into 

its title V permits, and implement and 

enforce these requirements in that 

context without first taking delegation 

of the CAA section 111/129 Federal 

plan.16 Some states, local governments, 

or tribes, however, may not be able to 

implement and enforce a CAA section 

111/129 standard in a title V permit 

under state, local, or tribal law until the 

CAA section 111/129 standard has been 

delegated. In these situations, a state, 

local, or tribal agency should not issue 

a 40 CFR part 70 permit to a source 

subject to a Federal plan before taking 

delegation of the section 111/129 

Federal plan. 

However, if a state or tribe can 

provide an Attorney General’s (AG) 

opinion delineating its authority to 

incorporate CAA section 111/129 

requirements into its title V permits, 

and then implement and enforce these 

requirements through its title V permits 

without first taking delegation of the 

requirements, then a state, local, or 

tribal agency does not need to take 

delegation of the CAA section 111/129 

requirements for purposes of title V 

permitting.17 In practical terms, without 

approval of a state or tribal plan, 

delegation of a Federal plan, or an 

adequate AG’s opinion, states, local 

governments, and tribes with approved 

40 CFR part 70 permitting programs 

open themselves up to potential 

questions regarding their authority to 

issue permits containing CAA section 

111/129 requirements and to assure 

compliance with these requirements. 

Such questions could lead to the 

issuance of a notice of deficiency for a 

state’s or tribe’s 40 CFR part 70 program. 

As a result, prior to a state, local, or 

tribal permitting authority drafting a 

part 70 permit for a source subject to a 

CAA section 111/129 Federal plan, the 

state, local government, or tribe, the 

EPA regional office and the source in 

question are advised to ensure that 

delegation of the relevant Federal plan 

has taken place or that the permitting 

authority has provided an adequate 

AG’s opinion to the EPA Regional office. 

In addition, if a permitting authority 

chooses to rely on an AG’s opinion and 

not take delegation of a Federal plan, a 

CAA section 111/129 source subject to 

the Federal plan in that state must 

simultaneously submit to both the EPA 

and the state, local government, or tribe 

all reports required by the standard to 

be submitted to the EPA. Given that 

these reports are necessary to 

implement and enforce the CAA section 

111/129 requirements when they have 

been included in title V permits, the 

permitting authority needs to receive 

these reports at the same time as the 

EPA. 

In the situation where a permitting 

authority chooses to rely on an AG’s 

opinion and not take delegation of a 

Federal plan, the EPA regional offices 

will be responsible for implementing 

and enforcing CAA section 111/129 

requirements outside of any title V 

permits. Moreover, in this situation, the 

EPA regional offices will continue to be 

responsible for developing progress 

reports and conducting any other 

administrative functions required under 

this Federal plan or any other CAA 

section 111/129 Federal plan. See 

section IV.B of this preamble, titled 

‘‘What are the final compliance 

schedules?’’ 

It is important to note that the EPA is 

not using its authority under 40 CFR 

70.4(i)(3) to request that all states, local 

governments, and tribes that do not take 

delegation of this Federal plan submit 

supplemental AG’s opinions at this 

time. However, the EPA regional offices 

shall request, and permitting authorities 

shall provide, such opinions when the 

EPA questions a state’s or tribe’s 

authority to incorporate CAA section 

111/129 requirements into a title V 

permit and implement and enforce these 

requirements in that context without 

delegation. 

VIII. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 


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18See 78 FR 9112, February 7, 2013. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined under 

section 3(f)(1) of Executive Order 12866, 

as amended by Executive Order 14094, 

and was therefore not subject to a 

requirement for Executive Order 12866 

review. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this rule will be submitted for 

approval to the Office of Management 

and Budget (OMB) under the PRA. The 

Information Collection Request (ICR) 

document that the EPA prepared has 

been assigned EPA ICR number 2385.09. 

You can find a copy of the ICR in the 

docket for this rule, and it is briefly 

summarized here. The information 

collection requirements are not 

enforceable until OMB approves them. 

This action finalizes the CISWI 

Federal plan to implement the EG 

adopted on February 7, 2013,18 for those 

states that do not have a fully approved 

state plan implementing the EG. While 

there were amendments to the 2013 rule 

on June 23, 2016, and April 16, 2019, 

neither of those final actions imposed 

any new information collection burden 

under the PRA (see 81 FR 40969 and 84 

FR 15852, respectively). OMB has 

previously approved the information 

collection activities contained in the 

existing regulation and has assigned 

OMB Control number 2060–0664 for 40 

CFR part 60, subpart DDDD. While this 

action is believed to result in no 

changes to the information collection 

requirements of the 2013 CISWI rule, it 

does implement the CISWI standards to 

a subset of existing units that will be 

regulated by implementing this final 

action. Therefore, in addition to the 

total burden, the EPA is presenting an 

estimate of the subset of the CISWI 

respondent universe and burden that 

will be subject to the CISWI Federal 

plan instead of being regulated under an 

approved state plan for the CISWI EG. 

These estimates are provided below. 

Respondents/affected entities: 

Owners and operators of existing CISWI. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 60, subpart 

DDDD, and 40 CFR part 62, subpart III, 

now at 40 CFR part 62, subpart IIIa). 

Estimated number of respondents: 

The annual number of responding 

facilities complying with the 

requirements of the CISWI EG is 76. Of 

the total, 40 are subject to this final 

rule’s implementation of the CISWI EG 

per 40 CFR part 62, subpart III, now at 

40 CFR part 62, subpart IIIa. 

Frequency of response: Initially, 

annually, and semiannually. 

Total estimated burden: The annual 

recordkeeping and reporting burden for 

responding facilities to comply with all 

of the requirements in the CISWI EG, 

averaged over the 3 years of this ICR, is 

estimated to be 8,660 hours. Of these, 

4,420 hours (per year) is the portion of 

the burden to comply with this final 

rule’s portion of implementing the 

CISWI EG. Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: The annual 

recordkeeping and reporting cost for 

responding facilities to comply with all 

of the requirements in the CISWI EG, 

averaged over the 3 years of this ICR, is 

estimated to be $13,300,000 (per year), 

including $12,300,000 annualized 

capital or operation and maintenance 

costs. Of the CISWI total, $3,700,000 

(per year) is the portion of the cost to 

comply with this final rule’s portion of 

implementing the CISWI EG, including 

$3,200,000 in annualized capital or 

operation and maintenance costs. 

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 the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. When 

OMB approves this ICR, the Agency will 

announce the approval in the Federal 

Register and publish a technical 

amendment to 40 CFR part 9 to display 

the OMB control number for the 

approved information collection 

activities contained in this final rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the EPA concludes that 

the impact of concern for this rule is any 

significant adverse economic impact on 

small entities. The agency is certifying 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

rule implements the EG for owners of 

existing CISWI that were established by 

the February 7, 2013, final rule (78 FR 

9112), and that rule was certified as not 

having a significant economic impact on 

a substantial number of small entities. 

This action establishes a Federal plan to 

implement and enforce those 

requirements in those states that do not 

have their own EPA-approved state plan 

for implementing and enforcing the 

requirements. We have, therefore, 

concluded that this action will have no 

net regulatory burden for all directly 

regulated small entities beyond those 

considered for the CISWI EG. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local, or tribal governments or 

the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. The EPA is not aware of 

any CISWI owned or operated by Indian 

tribal governments at the time of the 

publication of this document. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. 

Therefore, this action is not subject to 

Executive Order 13045 because it 

implements a previously promulgated 

emission guidelines. 

Furthermore, the EPA’s Policy on 

Children’s Health does not apply to this 

action because it implements a 

technology-based standard and does not 

concern an environmental health risk or 

safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Orders 12866. 


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I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action involves technical 

standards. Please reference table 6 of 

this preamble for the locations where 

these standards are available. The EPA 

has decided to use ANSI/ASME PTC 

19.10–1981, ‘‘Flue and Exhaust Gas 

Analyses,’’ for its manual methods of 

measuring the oxygen or carbon dioxide 

content of the exhaust gas. These parts 

of ASME PTC 19.10–1981 are acceptable 

alternatives to EPA Methods 6 and 7 for 

the manual procedures only. The 

manual method segment of the oxygen 

determination is performed through the 

absorption of oxygen. This method is 

available at the American National 

Standards Institute (ANSI), 1899 L 

Street NW, 11th Floor, Washington, DC 

20036 and the American Society of 

Mechanical Engineers (ASME), Two 

Park Avenue, New York, NY 10016– 

5990. See https://www.ansi.org and 

https://www.asme.org. The standard is 

available to everyone at a cost 

determined by ANSI/ASME ($80). 

ANSI/ASME also offer memberships or 

subscriptions for reduced costs. The 

cost of obtaining this method is not a 

significant financial burden, making the 

method reasonably available. 

Another voluntary consensus 

standard (VCS), ASTM D6784–24, 

‘‘Standard Test Method for Elemental, 

Oxidized, Particle-Bound and Total 

Mercury Gas Generated from Coal-Fired 

Stationary Sources (Ontario Hydro 

Method)’’, for its manual method of 

measuring mercury is an acceptable 

alternative to Method 29 and 30B. 

Initially developed for the measurement 

of mercury in coal-fired power plants, 

this method has been used on other 

combustion sources such as the waste 

incinerators subject to this rule. This 

method is available for purchase from at 

least one of the following addresses: 

American Society for Testing and 

Materials (ASTM), 100 Barr Harbor 

Drive, Post Office Box C700, West 

Conshohocken, PA 19428–2959; or 

ProQuest, 300 North Zeeb Road, Ann 

Arbor, MI 48106, (877) 909–2786, 

https://www.astm.org/. The standard is 

available to everyone at a cost 

determined by ASTM ($90). The cost of 

obtaining this method is not a 

significant financial burden, making the 

method reasonably available. 

The EPA further determined to use 

Office of Air Quality Planning and 

Standards (OAQPS) Fabric Filter Bag 

Leak Detection Guidance, EPA–454/R– 

98–015, September 1997, for its 

guidance on the use of triboelectric 

monitors as bag leak detectors for a 

fabric filter air pollution control device 

and monitoring system decriptions, 

selection, installation, set up, 

adjustment, operation, and quality 

assurance procedures. This standard is 

available from the U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460, 

(202) 272–0167, https://www.epa.gov or 

https://www3.epa.gov/ttnemc01/cem/ 

tribo.pdf. The EPA determined that this 

standard is reasonably available because 

it is freely available from the EPA. 

Lastly, the EPA decided to use EPA 

Methods 5, 6, 6C, 7, 7E, 9, 10, 10A, 10B, 

22, 23, 26A, 29, and 30B. No VCS were 

found for EPA Methods 9 and 22. 

While the EPA has identified 23 VCS 

as being potentially applicable to the 

rule, we have decided not to use these 

VCS in this rulemaking. The use of 

these VCS would be impractical because 

they do not meet the objectives of the 

standards cited in this rule. See the 

docket for the final CISWI EG (Docket ID 

No. EPA–HQ–OAR–2003–0119), which 

are being implemented under this 

action, for further information. 

Under 40 CFR 62.14838 (now at 40 

CFR 62.14775a), the EPA Administrator 

retains the authority of approving 

alternate methods of demonstrating 

compliance as established under 40 CFR 

60.8(b) and 60.13(i) (subpart A (NSPS 

General Provisions)). A source may 

apply to the EPA for permission to use 

alternative test methods or alternative 

monitoring requirements in place of any 

required EPA test methods, performance 

specifications, or procedures. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that it is not 

practicable to assess whether the human 

health or environmental conditions that 

exist prior to this action result in 

disproportionate and adverse effects on 

communities with environmental justice 

concerns. This action implements the 

final CISWI EG, which was published in 

2013. At that time, no analysis was 

performed on the inventory of units and 

proximity to communities with existing 

environmental justice concerns. 

The EPA believes that this action is 

not likely to result in new 

disproportionate and adverse effects on 

communities with environmental justice 

concerns. 

The information supporting this 

Executive order review is contained in 

this preamble section, as well as the 

final CISWI EG discussion for Executive 

Order 12898 (78 FR 9178, February 7, 

2013). This Federal plan implements the 

final CISWI EG for states that do not 

have a fully approved state plan 

implementing the final CISWI EG. As 

discussed in the preamble to the 2013 

CISWI rule, the final CISWI EG will not 

have disproportionately high and 

adverse human health or environmental 

effects on communities with EJ concerns 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

communities with EJ concerns. 

The amendments finalized in 2013 

(made to the 2011 CISWI final rule), as 

well as subsequent amendments made 

in 2016 and 2019, do not relax the 

control measures on sources regulated 

by the CISWI rule, and, therefore, will 

not cause emissions increases from 

these sources. The February 2013 final 

CISWI rule will reduce emissions of all 

the listed hazardous air pollutants 

(HAP) emitted from this source when 

implemented either through an 

approved state plan or this final Federal 

plan. This includes emissions of Cd, 

HCl, Pb, and Hg. Other emissions 

reductions include reductions of criteria 

pollutants such as CO, NOX, PM 

(including particulate matter 2.5 

microns or less), SO2, and NOX. SO2 and 

NOX are precursors for the formation of 

particulate matter (diameter less than or 

equal to 2.5 micrometers (PM2.5)) and 

NOX is a precursor for ozone. Reducing 

these emissions will decrease the 

amount of such pollutants to which all 

affected populations are exposed. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, part 62 of 

the Code of Federal Regulations is 

amended as follows: 


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PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart III—Federal Plan 

Requirements for Commercial and 

Industrial Solid Waste Incineration 

Units That Commenced Construction 

On or Before November 30, 1999 

■ 2. Amend § 62.14510 by adding 

paragraph (d) to read as follows: 

§ 62.14510 Am I subject to this subpart? 

* * * * * 

(d) On and after January 10, 2025, 

CISWI will no longer be subject to the 

requirements of this subpart and instead 

will be subject to the requirements of 

subpart IIIa of this part. 

■ 3. Add subpart IIIa, consisting of 

§§ 62.14500a through 62.14780a, to read 

as follows: 

Subpart IIIa—Federal Plan 

Requirements for Commercial and 

Industrial Solid Waste Incineration 

Units That Commenced Construction 

On or Before June 4, 2010, and Have 

Not Been Modified or Reconstructed 

Since August 7, 2013 

Sec. 

Introduction 

62.14500a What is the purpose of this 

subpart? 

62.14505a What are the principal 

components of this subpart? 

Applicability 

62.14510a Am I subject to this subpart? 

62.14515a Can my CISWI be covered by 

both a state plan and this subpart? 

62.14520a How do I determine if my CISWI 

is covered by an approved and effective 

state or tribal plan? 

62.14525a If my CISWI is not listed in the 

Federal plan inventory, am I exempt 

from this subpart? 

62.14530a Can my combustion unit be 

exempt from this subpart? 

Compliance Schedule 

62.14535a When must I comply with this 

subpart if I plan to continue operation of 

my CISWI? 

62.14540a What must I do if I plan to 

permanently close my CISWI? 

62.14545a What must I do if I close my 

CISWI and then restart it? 

Waste Management Plan 

62.14550a What is a waste management 

plan? 

62.14555a When must I submit my waste 

management plan? 

62.14560a What should I include in my 

waste management plan? 

Operator Training and Qualification 

62.14565a What are the operator training 

and qualification requirements? 

62.14570a When must the operator training 

course be completed? 

62.14575a How do I obtain my operator 

qualification? 

62.14580a How do I maintain my operator 

qualification? 

62.14585a How do I renew my lapsed 

operator qualification? 

62.14590a What site-specific 

documentation is required? 

62.14595a What if all the qualified 

operators are temporarily not accessible? 

Emission Limitations and Operating Limits 

62.14600a What emission limitations must I 

meet and by when? 

62.14605a What operating limits must I 

meet and by when? 

62.14610a What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic 

reduction, an electrostatic precipitator, 

or a dry scrubber to comply with the 

emission limitations? 

Performance Testing 

62.14615a How do I conduct the initial and 

annual performance test? 

62.14620a How are the performance test 

data used? 

Initial Compliance Requirements 

62.14625a How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

62.14630a By what date must I conduct the 

initial performance test? 

62.14635a By what date must I conduct the 

initial air pollution control device 

inspection? 

Continuous Compliance Requirements 

62.14640a How do I demonstrate 

continuous compliance with the 

emission limitations and the operating 

limits? 

62.14645a By what date must I conduct the 

annual performance test? 

62.14650a By what date must I conduct the 

annual air pollution control device 

inspection? 

62.14655a May I conduct performance 

testing less often? 

62.14660a May I conduct a repeat 

performance test to establish new 

operating limits? 

Monitoring 

62.14665a What monitoring equipment 

must I install and what parameters must 

I monitor? 

62.14670a Is there a minimum amount of 

monitoring data I must obtain? 

Recordkeeping and Reporting 

62.14675a What records must I keep? 

62.14680a Where and in what format must 

I keep my records? 

62.14685a What reports must I submit? 

62.14690a When must I submit my waste 

management plan? 

62.14695a What information must I submit 

following my initial performance test? 

62.14700a When must I submit my annual 

report? 

62.14705a What information must I include 

in my annual report? 

62.14710a What else must I report if I have 

a deviation from the operating limits or 

the emission limitations? 

62.14715a What must I include in the 

deviation report? 

62.14720a What else must I report if I have 

a deviation from the requirement to have 

a qualified operator accessible? 

62.14725a Are there any other notifications 

or reports that I must submit? 

62.14730a In what form can I submit my 

reports? 

62.14735a Can reporting dates be changed? 

Air Curtain Incinerators (ACIs) 

62.14740a What is an air curtain 

incinerator? 

62.14745a What must I do if I close my air 

curtain incinerator and then restart it? 

62.14750a What must I do if I plan to 

permanently close my air curtain 

incinerator and not restart it? 

62.14755a What are the emission 

limitations for air curtain incinerators? 

62.14760a How must I monitor opacity for 

air curtain incinerators? 

62.14765a What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

Title V Requirements 

62.14770a Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

Delegation of Authority 

62.14775a What authorities are withheld by 

the EPA Administrator? 

Definitions 

62.14780a What definitions must I know? 

Table 1 to Subpart IIIa of Part 62—Operating 

Limits for Wet Scrubbers 

Table 2 to Subpart IIIa of Part 62—Toxic 

Equivalency Factors 

Table 3 to Subpart IIIa of Part 62—Summary 

of Reporting Requirements 

Table 4 to Subpart IIIa of Part 62—Model 

Rule—Emission Limitations That Apply 

to Incinerators On and After January 10, 

2025 

Table 5 to Subpart IIIa of Part 62—Model 

Rule—Emission Limitations That Apply 

to Energy Recovery Units After January 

10, 2025 

Table 6 to Subpart IIIa of Part 62—Model 

Rule—Emission Limitations That Apply 

to Waste-Burning Kilns After January 10, 

2025 

Table 7 to Subpart IIIa of Part 62—Model 

Rule—Emission Limitations That Apply 

to Small, Remote Incinerators After 

January 10, 2025 

Introduction 

§ 62.14500a What is the purpose of this 

subpart? 

(a) This subpart establishes emission 

requirements and compliance schedules 

for the control of emissions from 

commercial and industrial solid waste 

incineration units (CISWI) that are not 


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covered, or are only partially covered, 

by an EPA approved and currently 

effective state or tribal plan. The 

pollutants addressed by the emission 

requirements in this subpart are listed 

in tables 4 through 7 to this subpart. The 

emission requirements in this subpart 

were developed in accordance with 

sections 111 and 129 of the Clean Air 

Act and 40 CFR part 60, subpart B. 

(b) In this subpart, ‘‘you’’ means the 

owner or operator of a CISWI. 

§ 62.14505a What are the principal 

components of this subpart? 

This subpart contains the ten major 

components listed in paragraphs (a) 

through (j) of this section. 

(a) Waste management plan. 

(b) Operator training and 

qualification. 

(c) Emission limitations and operating 

limits. 

(d) Performance testing. 

(e) Initial compliance requirements. 

(f) Continuous compliance 

requirements. 

(g) Monitoring. 

(h) Recordkeeping and reporting. 

(i) Definitions. 

(j) Tables. 

Applicability 

§ 62.14510a Am I subject to this subpart? 

(a) You are subject to this subpart if 

you own or operate a CISWI as defined 

in § 62.14780a or an air curtain 

incinerator as defined in § 62.14780a 

and the CISWI or air curtain incinerator 

meets the criteria described in 

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

section. 

(1) Construction of your CISWI or air 

curtain incinerator commenced on or 

before June 4, 2010, and have not been 

modified or reconstructed since August 

7, 2013. 

(2) Your CISWI is not exempt under 

§ 62.14530a. 

(3) Your CISWI is not regulated by an 

EPA approved and currently effective 

state or tribal plan, or your CISWI is 

located in any state whose approved 

state or tribal plan is only approved in 

part. In the case of a state or tribal 

program that is approved in part, the 

Federal plan applies to affected CISWI 

in lieu of the disapproved portions of 

the state or tribal program until the state 

or tribe plan addresses the deficiencies 

and the revised plan is approved by the 

EPA. 

(b) If changes to the CISWI are made 

after August 7, 2013, that meet the 

definition of modification or 

reconstruction in this subpart, your 

CISWI is subject to 40 CFR part 60, 

subpart CCCC, and this subpart no 

longer applies to that unit. 

(c) If you make physical or 

operational changes to your existing 

CISWI primarily to comply with this 

subpart, then such changes do not 

qualify as modifications or 

reconstructions under 40 CFR part 60, 

subpart CCCC. 

§ 62.14515a Can my CISWI be covered by 

both a state plan and this subpart? 

(a) If your CISWI is located in a state 

that does not have an EPA-approved 

state plan or your state’s plan has not 

become effective, this subpart applies to 

your CISWI until the EPA approves a 

state plan that covers your CISWI and 

that state plan becomes effective. 

However, a state may enforce the 

requirements of a state regulation while 

your CISWI is still subject to this 

subpart. 

(b) After the EPA fully approves a 

state plan covering your CISWI, and 

after that state plan becomes effective, 

you will no longer be subject to this 

subpart and will only be subject to the 

approved and effective state plan. If the 

state or tribal plan are only approved in 

part, you will remain subject to the 

Federal plan to the extent necessary to 

address the deficiencies in the 

disapproved portions of the state or 

tribal plan. 

§ 62.14520a How do I determine if my 

CISWI is covered by an approved and 

effective state or tribal plan? 

This part contains a list of state and 

tribal areas with approved Clean Air Act 

section 111(d) and section 129 plans 

along with the effective dates for such 

plans. The list is published annually. If 

this part does not indicate that your 

state or tribal area has an approved and 

effective plan, you should contact your 

state environmental agency’s air director 

or your EPA Regional Office to 

determine if the EPA has approved a 

state plan covering your CISWI since 

publication of the most recent version of 

this subpart. 

§ 62.14525a If my CISWI is not listed in the 

Federal plan inventory, am I exempt from 

this subpart? 

Any CISWI that meets the 

applicability criteria in § 62.14510a is 

required to comply with the applicable 

emissions guidelines even if the source 

is not listed in the Federal plan or 

otherwise applicable state or tribal plan 

inventory. CISWI subject to this subpart 

are not limited to the inventory of 

sources listed in Docket EPA–HQ–OAR– 

2016–0664 for the Federal plan. If your 

CISWI meets the applicability criteria in 

§ 62.14510a, this subpart applies to you 

whether or not your CISWI is listed in 

the Federal plan inventory in the 

docket. 

§ 62.14530a Can my combustion unit be 

exempt from this subpart? 

This subpart exempts 11 types of 

units, described in paragraphs (a) 

through (k) of this section, from 

complying with the requirements of this 

subpart with the exception of the 

requirements specified in 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 

§ 62.14785a 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 the criteria in this paragraph 

(a). 

(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) Municipal waste combustion units. 

Incineration units that are regulated 

under 40 CFR part 60, subpart Ea, Eb, 

Cb, AAAA, or BBBB or subpart JJJ of 

this part. 

(c) Medical waste incineration units. 

Incineration units regulated under 40 

CFR part 60, subparts Ec and Ce and 

subpart HHH of this part. 

(d) Small power production facilities. 

Units that meet the four requirements 

specified in paragraphs (d)(1) through 

(4) 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 submit documentation to the 

Administrator notifying the Agency that 

the qualifying small power production 

facility is combusting homogenous 

waste. 

(4) You must maintain the records 

specified in § 62.14675a(t). 

(e) Cogeneration facilities. Units that 

meet the four requirements specified in 

paragraphs (e)(1) through (4) 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 


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industrial, commercial, heating, or 

cooling purposes. 

(3) You submit documentation to the 

Administrator notifying the Agency that 

the qualifying cogeneration facility is 

combusting homogenous waste. 

(4) You maintain the records specified 

in § 62.14675a(u). 

(f) Hazardous waste combustion units. 

Units for which you are required to get 

a permit under section 3005 of the Solid 

Waste Disposal Act. 

(g) Materials recovery units. Units that 

combust waste for the primary purpose 

of recovering metals, such as primary 

and secondary smelters. 

(h) Air curtain incinerators. Air 

curtain incinerators that burn 100 

percent wood waste; 100 percent clean 

lumber; or a 100 percent mixture of only 

wood waste, clean lumber, and/or yard 

waste; are required to meet only the 

requirements under §§ 62.14740a 

through 62.14765a and 62.14770a. 

(i) Sewage treatment plants. 

Incineration units regulated under 40 

CFR part 60, subpart O. 

(j) Sewage sludge incineration units. 

Incineration units combusting sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter that are 

subject to 40 CFR part 60, subpart LLLL 

or MMMM. 

(k) Other solid waste incineration 

units. Incineration units that are subject 

to 40 CFR part 60, subpart EEEE or 

FFFF. 

(l) Small, remote incinerators. 

Incineration units located in the State of 

Alaska are not subject to this subpart as 

specified in the Consolidated 

Appropriations Act of 2024, H.R. 4366, 

section 432. 

Compliance Schedule 

§ 62.14535a When must I comply with this 

subpart if I plan to continue operation of my 

CISWI? 

(a) If you plan to continue operation 

of your CISWI, then you must follow the 

requirements in paragraph (b) of this 

section. 

(b) If you plan to continue operation 

and come into compliance with the 

requirements of this subpart by January 

10, 2025, then you must complete the 

requirements of paragraphs (b)(1) 

through (5) of this section. 

(1) You must comply with the 

operator training and qualification 

requirements and inspection 

requirements (if applicable) of this 

subpart by January 10, 2025. 

(2) You must submit a waste 

management plan no later than January 

10, 2025. 

(3) You must achieve final 

compliance by January 10, 2025. To 

achieve final compliance, you must 

incorporate all process changes and 

complete retrofit construction of control 

devices, so that, if the affected CISWI is 

brought online, all necessary process 

changes and air pollution control 

devices would operate as designed. 

(4) You must conduct the initial 

performance test within 180 days after 

the date when you are required to 

achieve final compliance under 

paragraph (b)(3) of this section. 

(5) You must submit an initial report 

including the results of the initial 

performance test no later than 60 days 

following the initial performance test 

(see §§ 62.14675a through 62.14735a for 

complete reporting and recordkeeping 

requirements). 

§ 62.14540a What must I do if I plan to 

permanently close my CISWI? 

If you plan to permanently close your 

CISWI rather than comply with the 

Federal plan, you must submit a legally 

binding closure agreement, including 

the date of closure, to the Administrator 

by January 10, 2025, for sources that 

will not operate on or after the 

compliance date under this subpart. 

§ 62.14545a What must I do if I close my 

CISWI and then restart it? 

If you close your CISWI but restart it 

after January 10, 2025, for the purpose 

of continuing operation of the your 

CISWI, you must complete emission 

control retrofits and meet the emission 

limitations and operating limits on the 

date your unit restarts operation. 

Waste Management Plan 

§ 62.14550a 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. 

§ 62.14555a When must I submit my waste 

management plan? 

You must submit a waste management 

plan no later than January 10, 2025, or 

six months prior to commencing or 

recommencing burning solid waste, 

whichever is later. 

§ 62.14560a 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. 

Operator Training and Qualification 

§ 62.14565a What are the operator training 

and qualification requirements? 

(a) You must have a fully trained and 

qualified CISWI operator accessible at 

all times when the unit is in operation, 

either at your facility or able to be at 

your facility within one hour. The 

trained and qualified CISWI operator 

may operate the CISWI directly or be the 

direct supervisor of one or more other 

plant personnel who operate the unit. If 

all qualified CISWI operators are 

temporarily not accessible, you must 

follow the procedures in § 62.14595a. 

(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 (where 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 


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reference material following completion 

of the course. 

§ 62.14570a 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) January 10, 2025. 

(b) Six months after CISWI startup; or 

(c) Six months after an employee 

assumes responsibility for operating the 

CISWI or assumes responsibility for 

supervising the operation of the CISWI. 

§ 62.14575a How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 62.14565a(b). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 62.14565a(c)(2). 

§ 62.14580a 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. 

§ 62.14585a 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 

§ 62.14580a. 

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

must repeat the initial qualification 

requirements in § 62.14575a(a). 

§ 62.14590a What site-specific 

documentation is required? 

(a) Documentation must be available 

at the facility and readily accessible for 

all CISWI 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 §§ 62.14550a through 

62.14560a. 

(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 

employee who operates your 

incinerator. 

(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) January 10, 2025. 

(ii) Six months after CISWI startup. 

(iii) Six months after being assigned to 

operate the CISWI. 

(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 all 

plant personnel who operate your 

CISWI who have completed review of 

the information in paragraph (a) of this 

section as required by paragraph (b) of 

this section, including the date of the 

initial review and all subsequent annual 

reviews. 

(2) Records showing the names of all 

plant personnel who operate your 

CISWI who have completed the operator 

training requirements under 

§ 62.14565a, met the criteria for 

qualification under § 62.14575a, and 

maintained or renewed their 

qualification under § 62.14580a or 

§ 62.14585a. 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. 

§ 62.14595a 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 may be 

operated by other plant personnel 

familiar with the operation of the CISWI 

who have completed a review of the 

information specified in § 62.14590a(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 § 62.14705a. 

(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. 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 is disapproved, the CISWI 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 § 62.14565a(a). 

(ii) You notify the Administrator that 

a qualified operator is accessible and 

that you are resuming operation. 


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Emission Limitations and Operating 

Limits 

§ 62.14600a What emission limitations 

must I meet and by when? 

(a) You must meet the emission 

limitations for each CISWI, including 

bypass stack or vent, specified in tables 

4 through 7 to this subpart by January 

10, 2025. The emission limitations 

apply at all times the unit is operating 

including and not limited to startup, 

shutdown, or malfunction. 

(b) Units that do not use wet 

scrubbers must maintain opacity to less 

than or equal to the percent opacity 

(three 1-hour blocks consisting of ten 6- 

minute average opacity values) specified 

in table 4 to this subpart, as applicable. 

§ 62.14605a What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber to 

comply with the emission limitations in 

§ 62.14600a, you must establish 

operating limits for up to four operating 

parameters (as specified in table 1 to 

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) 

of this section, 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 particulate matter scrubber, which 

is calculated as the lowest 1-hour 

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 the lowest 1-hour 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 the lowest 

1-hour average liquor flow rate at the 

inlet to the wet acid gas or particulate 

matter scrubber measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(4) Minimum scrubber liquor pH, 

which is calculated as the lowest 1-hour 

average liquor pH at the inlet to the wet 

acid gas scrubber measured during the 

most recent performance test 

demonstrating compliance with the 

hydrogen chloride (HCl) emission 

limitation. 

(b) You must meet the operating 

limits established on the date that the 

performance test report is submitted to 

the EPA’s Central Data Exchange or 

postmarked, per the requirements of 

§ 62.14730a(b). 

(c) If you use a fabric filter to comply 

with the emission limitations in 

§ 62.14600a and you do not use a 

particulate matter (PM) continuous 

parameter monitoring system (CPMS) 

for monitoring PM compliance, 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 any 

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. 

(d) If you use an electrostatic 

precipitator (ESP) to comply with the 

emission limitations in § 62.14600a and 

you do not use a PM CPMS for 

monitoring PM compliance, you must 

measure the (secondary) voltage and 

amperage of the electrostatic 

precipitator collection plates during the 

particulate matter performance test. 

Calculate the average electric power 

value (secondary voltage × secondary 

current = secondary electric power) for 

each test run. The operating limit for the 

electrostatic precipitator is calculated as 

the lowest 1-hour average secondary 

electric power measured during the 

most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(e) If you use activated carbon sorbent 

injection to comply with the emission 

limitations in § 62.14600a, you must 

measure the sorbent flow rate during the 

performance testing. The operating limit 

for the carbon sorbent injection is 

calculated as the lowest 1-hour average 

sorbent flow rate measured during the 

most recent performance test 

demonstrating compliance with the 

mercury emission limitations. For 

energy recovery units (ERU), when your 

unit operates at lower loads, multiply 

your sorbent injection rate by the load 

fraction, as defined in this subpart, to 

determine the required injection rate 

(e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5). 

(f) If you use selective noncatalytic 

reduction to comply with the emission 

limitations in § 62.14600a, you must 

measure the charge rate, the secondary 

chamber temperature (if applicable to 

your CISWI), and the reagent flow rate 

during the nitrogen oxides (NOX) 

performance testing. The operating 

limits for the selective noncatalytic 

reduction are calculated as the highest 

1-hour average charge rate, lowest 

secondary chamber temperature, and 

lowest reagent flow rate measured 

during the most recent performance test 

demonstrating compliance with the 

nitrogen oxides emission limitations. 

(g) If you use a dry scrubber to comply 

with the emission limitations in 

§ 62.14600a, you must measure the 

injection rate of each sorbent during the 

performance testing. The operating limit 

for the injection rate of each sorbent is 

calculated as the lowest 1-hour average 

injection rate of each sorbent measured 

during the most recent performance test 

demonstrating compliance with the 

hydrogen chloride emission limitations. 

For energy recovery units, when your 

unit operates at lower loads, multiply 

your sorbent injection rate by the load 

fraction, as defined in this subpart, to 

determine the required injection rate 

(e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5). 

(h) If you do not use a wet scrubber, 

electrostatic precipitator, or fabric filter 

to comply with the emission limitations 

in § 62.14600a, and if you do not 

determine compliance with your 

particulate matter emission limitation 

with either a particulate matter 

continuous emission monitoring system 

(CEMS) or a particulate matter CPMS, 

you must maintain opacity to less than 

or equal to ten percent opacity (1-hour 

block average). 

(i) If you use a PM CPMS to 

demonstrate compliance with this 

subpart, you must establish your PM 

CPMS operating limit and determine 

compliance with it according to 

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

section: 

(1) During the initial performance test 

or any subsequent performance test that 

demonstrates compliance with the PM 

limit, record all hourly average output 

values (milliamps, or the digital signal 

equivalent) from the PM CPMS for the 

periods corresponding to the test runs 

(e.g., three 1-hour average PM CPMS 

output values for three 1-hour test runs): 

(i) Your PM CPMS must provide a 4– 

20 milliamp output, or the digital signal 

equivalent, and the establishment of its 

relationship to manual reference 


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method measurements must be 

determined in units of milliamps or 

digital bits; 

(ii) Your PM CPMS operating range 

must be capable of reading PM 

concentrations from zero to a level 

equivalent to at least two times your 

allowable emission limit. If your PM 

CPMS is an auto-ranging instrument 

capable of multiple scales, the primary 

range of the instrument must be capable 

of reading PM concentration from zero 

to a level equivalent to two times your 

allowable emission limit; and 

(iii) During the initial performance 

test or any subsequent performance test 

that demonstrates compliance with the 

PM limit, record and average all 

milliamp output values, or their digital 

equivalent, from the PM CPMS for the 

periods corresponding to the 

compliance test runs (e.g., average all 

your PM CPMS output values for three 

corresponding 2-hour PM test runs 

under Method 5 of 40 CFR part 60, 

appendix A–3, or Method 29 of 40 CFR 

part 60, appendix A–8). 

(2) If the average of your three PM 

performance test runs are below 75 

percent of your PM emission limit, you 

must calculate an operating limit by 

establishing a relationship of PM CPMS 

signal to PM concentration using the PM 

CPMS instrument zero, the average PM 

CPMS output values corresponding to 

the three compliance test runs, and the 

average PM concentration from the 

performance tests under Method 5 of 40 

CFR part 60, appendix A–3, or Method 

29 of 40 CFR part 60, appendix A–8, 

with the procedures in (i)(1) through (5) 

of this section: 

(i) Determine your instrument zero 

output with one of the following 

procedures: 

(A) Zero point data for in-situ 

instruments should be obtained by 

removing the instrument from the stack 

and monitoring ambient air on a test 

bench; 

(B) Zero point data for extractive 

instruments should be obtained by 

removing the extractive probe from the 

stack and drawing in clean ambient air; 

(C) The zero point can also be 

established by performing manual 

reference method measurements when 

the flue gas is free of PM emissions or 

contains very low PM concentrations 

(e.g., when your process is not 

operating, but the fans are operating or 

your source is combusting only natural 

gas) and plotting these with the 

compliance data to find the zero 

intercept; and 

(D) If none of the steps in paragraphs 

(i)(2)(i)(A) through (C) of this section are 

possible, you must use a zero output 

value provided by the manufacturer. 

(ii) Determine your PM CPMS 

instrument average in milliamps, or the 

digital equivalent, and the average of 

your corresponding three PM 

compliance test runs, using equation 1 

to this paragraph (i)(2)(ii): 

Equation 1 to Paragraph (i)(2)(ii) 

Where: 

X1 = The PM CPMS output data points for 

the three runs constituting the 

performance test; 

Y1 = The PM concentration value for the 

three runs constituting the performance 

test; and 

n = The number of data points. 

(iii) With your instrument zero 

expressed in milliamps, or the digital 

equivalent, your three run average PM 

CPMS milliamp value, or its digital 

equivalent, and your three run average 

PM concentration from your three 

compliance tests, determine a 

relationship of mg/dscm per milliamp 

or digital signal equivalent, with 

equation 2 to this paragraph (i)(2)(iii): 

Equation 2 to Paragraph (i)(2)(iii) 

Where: 

R = The relative mg/dscm per milliamp, or 

the digital equivalent, for your PM 

CPMS; 

Y1 = The three run average mg/dscm PM 

concentration; 

X1 = The three run average milliamp output, 

or the digital equivalent, from you PM 

CPMS; and 

Z = The milliamp or digital signal equivalent 

of your instrument zero determined from 

paragraph (i)(2)(i) of this section. 

(iv) Determine your source specific 

30-day rolling average operating limit 

using the mg/dscm per milliamp value, 

or per digital signal equivalent from 

equation 2 to paragraph (i)(2)(iii) of this 

section, in equation 3 to this paragraph 

(i)(2)(iv). This sets your operating limit 

at the PM CPMS output value 

corresponding to 75 percent of your 

emission limit: 

Equation 3 to Paragraph (i)(2)(iv) 

Where: 

O1 = The operating limit for your PM CPMS 

on a 30-day rolling average, in milliamps 

or their digital signal equivalent; 

L = Your source emission limit expressed in 

mg/dscm; 

z = Your instrument zero in milliamps or 

digital equivalent, determined from 

paragraph (i)(2)(i) of this section; and 

R = The relative mg/dscm per milliamp, or 

per digital signal output equivalent, for 

your PM CPMS, from equation 2 to 

paragraph (i)(2)(iii) of this section. 


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Y1 R= = Z +--(Eq. 2) (X1 - z) 

01 = z + O.?S(L) (Eq. 3) 

R 
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100111 

(3) If the average of your three PM 

compliance test runs is at or above 75 

percent of your PM emission limit you 

must determine your operating limit by 

averaging the PM CPMS milliamp or 

digital signal output corresponding to 

your three PM performance test runs 

that demonstrate compliance with the 

emission limit using equation 4 to this 

paragraph (i)(3) and you must submit all 

compliance test and PM CPMS data 

according to the reporting requirements 

in paragraph (i)(5) of this section: 

Equation 4 to Paragraph (i)(3) 

Where: 

X1 = The PM CPMS data points for all runs 

i; 

n = The number of data points; and 

Oh = Your site specific operating limit, in 

milliamps or digital signal equivalent. 

(4) To determine continuous 

compliance, you must record the PM 

CPMS output data for all periods when 

the process is operating and the PM 

CPMS is not out-of-control. You must 

demonstrate continuous compliance by 

using all quality-assured hourly average 

data collected by the PM CPMS for all 

operating hours to calculate the 

arithmetic average operating parameter 

in units of the operating limit (e.g., 

milliamps or digital signal bits, PM 

concentration, raw data signal) on a 30- 

day rolling average basis. 

(5) For PM performance test reports 

used to set a PM CPMS operating limit, 

the electronic submission of the test 

report must also include the make and 

model of the PM CPMS instrument, 

serial number of the instrument, 

analytical principle of the instrument 

(e.g., beta attenuation), span of the 

instruments primary analytical range, 

milliamp or digital signal value 

equivalent to the instrument zero 

output, technique by which this zero 

value was determined, and the average 

milliamp or digital signals 

corresponding to each PM compliance 

test run. 

§ 62.14610a What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic reduction, 

an electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber, 

activated carbon injection, selective 

noncatalytic reduction, fabric filter, an 

electrostatic precipitator, or a dry 

scrubber or limit emissions in some 

other manner, including mass balances, 

to comply with the emission limitations 

under § 62.14600a, you must petition 

the EPA Administrator for specific 

operating limits to be established during 

the initial performance test and 

continuously monitored thereafter. You 

must submit the petition at least sixty 

days before the performance test is 

scheduled to begin. 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 the parameters required by 

paragrpah (a) of this seciton and 

emissions of regulated pollutants, 

identifying how emissions of regulated 

pollutants change with changes in the 

parameters, and how limits on the 

parameters will serve to limit emissions 

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

establish the upper and/or lower values 

for the parameters required by 

paragraph (a) of this section that will 

establish the operating limits on the 

parameters. (d) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

the parameters required by paragraph (a) 

of this section, 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 the parameters required by 

paragraph (a) of this section. 

Performance Testing 

§ 62.14615a 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 

§ 62.14675a(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 tables 4 through 7 

to this subpart. (d) Method 1 of 40 CFR part 60, 

appendix A–1, must be used to select 

the sampling location and number of 

traverse points. (e) Method 3A of 40 CFR part 60, 

appendix A–1, must be used for gas 

composition analysis, including 

measurement of oxygen concentration. 

Method 3A must be used 

simultaneously with each method 

(except when using Method 9 of 40 CFR 

part 60, appendix A–4, and Method 22 

of 40 CFR part 60, appendix A–7). 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using equation 1 to 

this paragraph (f): 

Equation 1 to Paragraph (f) 

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 (4) of this section. 

(1) Measure the concentration of each 

dioxin/furan (tetra- through octa-) 

isomer emitted using EPA Method 23 of 

40 CFR part 60, appendix A–7. 

(2) Quantify isomers meeting 

identification criteria in section 11.4.3.4 

of Method 23 of 40 CFR part 60, 

appendix A–7, regardless of whether the 

isomers meet identification criteria in 

section 11.4.3.4.1 of Method 23. You 

must quantify the isomers per section 

11.4.3.5 of Method 23. Note that you 

may reanalyze the sample aliquot or 

split to reduce the number of isomers 

not meeting identification criteria in 

section 11.4.3.4 of Method 23. 

(3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer 

measured in accordance with paragraph 

(g)(1) and (2) of this section, multiply 

the isomer concentration by its 

corresponding toxic equivalency factor 

specified in table 2 to this subpart; and 

(4) Sum the products calculated in 

accordance with paragraph (g)(3) of this 

section to obtain the total concentration 


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(Eq. 4) 
100112 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(h) Method 22 of 40 CFR part 60, 

appendix A–7, must be used to 

determine compliance with the fugitive 

ash emission limit in table 4, 5, or 7 to 

this subpart. 

(i) If you have an applicable opacity 

operating limit, you must determine 

compliance with the opacity limit using 

Method 9 of 40 CFR part 60, appendix 

A–4, based on three 1-hour blocks 

consisting of ten 6-minute average 

opacity values, unless you are required 

to install a continuous opacity 

monitoring system, consistent with 

§§ 62.14640a and 62.14665a. 

(j) You must determine dioxins/furans 

total mass basis by following the 

procedures in paragraphs (j)(1) through 

(3) of this section: 

(1) Measure the concentration of each 

dioxin/furan tetra- through octachlorinated isomer emitted using EPA 

Method 23 of 40 CFR part 60, appendix 

A–7; 

(2) Quantify isomers meeting 

identification criteria in section 11.4.3.4 

of Method 23 of 40 CFR part 60, 

appendix A–7, regardless of whether the 

isomers meet identification criteria in 

section 11.4.3.4.1 of Method 23. Note 

that you may reanalyze the sample 

aliquot or split to reduce the number of 

isomers not meeting identification 

criteria in section 11.4.3.4 of Method 23; 

and 

(3) Sum the quantities measured in 

accordance with paragraphs (j)(1) and 

(2) of this section to obtain the total 

concentration of dioxins/furans emitted 

in terms of total mass basis. 

§ 62.14620a How are the performance test 

data used? 

You use results of performance tests 

to demonstrate compliance with the 

emission limitations in tables 4 through 

7 to this subpart. 

Initial Compliance Requirements 

§ 62.14625a How do I demonstrate initial 

compliance with the emission limitations 

and establish the operating limits? 

(a) You must conduct an initial 

performance test to determine 

compliance with the emission 

limitations in tables 4 through 7 to this 

subpart, to establish compliance with 

any opacity operating limits in 

§ 62.14605a(h), to establish the kilnspecific emission limit in 

§ 62.14640a(y), as applicable, and to 

establish operating limits using the 

procedure in § 62.14605a or 

§ 62.14610a. The initial performance 

test must be conducted using the test 

methods listed in tables 4 through 7 to 

this subpart and the procedures in 

§ 62.14615a. The use of the bypass stack 

during a performance test shall 

invalidate the performance test. 

(b) As an alternative to conducting a 

performance test, as required under 

§§ 62.14615a and 62.14600a, you may 

use a 30-day rolling average of the 1- 

hour arithmetic average CEMS data, 

including CEMS data during startup and 

shutdown as defined in this subpart, to 

determine compliance with the 

emission limitations in tables 4 through 

7 to this subpart. You must conduct a 

performance evaluation of each 

continuous monitoring system within 

180 days of installation of the 

monitoring system. The initial 

performance evaluation must be 

conducted prior to collecting CEMS data 

that will be used for the initial 

compliance demonstration. 

§ 62.14630a By what date must I conduct 

the initial performance test? 

(a) The initial performance test must 

be conducted no later than 180 days 

after your final compliance date. Your 

final compliance date is January 10, 

2025, or the date you restart your CISWI 

if later than January 10, 2025. 

(b) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you conducted a 

test consistent with the provisions of 

this subpart while combusting the given 

solid waste within the 6 months 

preceding the reintroduction of that 

solid waste in the combustion chamber, 

you do not need to retest until 6 months 

from the date you reintroduce that solid 

waste. 

(c) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you have not 

conducted a performance test consistent 

with the provisions of this subpart 

while combusting the given solid waste 

within the 6 months preceding the 

reintroduction of that solid waste in the 

combustion chamber, you must conduct 

a performance test within 60 days from 

the date you reintroduce solid waste. 

§ 62.14635a By what date must I conduct 

the initial air pollution control device 

inspection? 

(a) The initial air pollution control 

device inspection must be conducted 

within 60 days after installation of the 

control device and the associated CISWI 

reaches the charge rate at which it will 

operate, but no later than 180 days after 

January 10, 2025. 

(b) Within 10 operating days 

following an air pollution control device 

inspection, all necessary repairs must be 

completed unless the owner or operator 

obtains written approval from the state 

agency establishing a date whereby all 

necessary repairs of the designated 

facility must be completed. 

Continuous Compliance Requirements 

§ 62.14640a How do I demonstrate 

continuous compliance with the emission 

limitations and the operating limits? 

(a)(1) The emission standards and 

operating requirements set forth in this 

subpart apply at all times. 

(2) If you cease combusting solid 

waste you may opt to remain subject to 

the provisions of this subpart. 

Consistent with the definition of CISWI 

in this subpart, you are subject to the 

requirements of this subpart at least 6 

months following the last date of solid 

waste combustion. Solid waste 

combustion is ceased when solid waste 

is not in the combustion chamber (i.e., 

the solid waste feed to the combustor 

has been cut off for a period of time not 

less than the solid waste residence 

time). 

(3) If you cease combusting solid 

waste you must be in compliance with 

any newly applicable standards on the 

effective date of the waste-to-fuel 

switch. The effective date of the wasteto-fuel switch is a date selected by you, 

that must be at least 6 months from the 

date that you ceased combusting solid 

waste, consistent with paragraph (a)(2) 

of this section. Your source must remain 

in compliance with this subpart until 

the effective date of the waste-to-fuel 

switch. 

(4) If you own or operate an existing 

commercial or industrial combustion 

unit that combusted a fuel or non-waste 

material, and you commence or 

recommence combustion of solid waste, 

you are subject to the provisions of this 

subpart as of the first day you introduce 

or reintroduce solid waste to the 

combustion chamber, and this date 

constitutes the effective date of the fuelto-waste switch. You must complete all 

initial compliance demonstrations for 

any standards under section 112 of the 

Clean Air Act that are applicable to your 

facility before you commence or 

recommence combustion of solid waste. 

You must provide 30 days prior notice 

of the effective date of the waste-to-fuel 

switch. The notification must identify: 

(i) The name of the owner or operator 

of the CISWI, the location of the source, 

the emissions unit(s) that will cease 

burning solid waste, and the date of the 

notice; 

(ii) The currently applicable 

subcategory under this subpart, and any 

subpart and subcategory under 40 CFR 

part 63 that will be applicable after you 

cease combusting solid waste; 


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(iii) The fuel(s), non-waste material(s) 

and solid waste(s) the CISWI is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(iv) The date on which you became 

subject to the currently applicable 

emission limits; and 

(v) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

(a)(2) and (3) of this section. 

(5) All air pollution control 

equipment necessary for compliance 

with any newly applicable emissions 

limits which apply as a result of the 

cessation or commencement or 

recommencement of combusting solid 

waste must be installed and operational 

as of the effective date of the waste-tofuel, or fuel-to-waste switch. 

(6) All monitoring systems necessary 

for compliance with any newly 

applicable monitoring requirements 

which apply as a result of the cessation 

or commencement or recommencement 

of combusting solid waste must be 

installed and operational as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. All calibration and 

drift checks must be performed as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. Relative accuracy 

tests must be performed as of the 

performance test deadline for PM CEMS 

(if PM CEMS are elected to demonstrate 

continuous compliance with the 

particulate matter emission limits). 

Relative accuracy testing for other 

CEMS need not be repeated if that 

testing was previously performed 

consistent with monitoring 

requirements under section 112 of the 

Clean Air Act or monitoring 

requirements under this subpart. 

(b) You must conduct an annual 

performance test for the pollutants 

listed in tables 4 through 7 to this 

subpart and opacity for each CISWI as 

required under § 62.14615a. The annual 

performance test must be conducted 

using the test methods listed in tables 4 

through 7 to this subpart and the 

procedures in § 62.14615a. Opacity 

must be measured using EPA Reference 

Method 9 of 40 CFR part 60, appendix 

A–4. Annual performance tests are not 

required if you use CEMS or continuous 

opacity monitoring systems to 

determine compliance. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 62.14605a or established under 

§ 62.14610a. Operation above the 

established maximum or below the 

established minimum operating limits 

constitutes a deviation from the 

established operating limits. Three-hour 

block average values are used to 

determine compliance (except for 

baghouse leak detection system alarms) 

unless a different averaging period is 

established under § 62.14610a or, for 

energy recovery units, where the 

averaging time for each operating 

parameter is a 30-day rolling average, 

calculated each hour as the average of 

the previous 720 operating hours. 

Operation above the established 

maximum, below the established 

minimum, or outside the allowable 

range of the operating limits specified in 

paragraph (a) of this section constitutes 

a deviation from your operating limits 

established under this subpart, except 

during performance tests conducted to 

determine compliance with the 

emission and operating limits or to 

establish new operating limits. 

Operating limits are confirmed or 

reestablished during performance tests. 

(d) You must burn only the same 

types of waste and fuels used to 

establish subcategory applicability (for 

ERUs) and operating limits during the 

performance test. 

(e) For energy recovery units, 

incinerators, and small remote units, 

you must perform annual visual 

emissions tests for ash handling. 

(f) For energy recovery units, you 

must conduct an annual performance 

test for opacity using EPA Reference 

Method 9 of 40 CFR part 60, appendix 

A–4 (except where particulate matter 

continuous monitoring system or CPMS 

are used), and the pollutants listed in 

table 5 to this subpart. 

(g) For facilities using a CEMS to 

demonstrate compliance with the 

carbon monoxide emission limit, 

compliance with the carbon monoxide 

emission limit may be demonstrated by 

using the CEMS, as described in 

§ 62.14665a(o). 

(h) Coal and liquid/gas energy 

recovery units with annual average heat 

input rates greater than 250 MMBtu/hr 

may elect to demonstrate continuous 

compliance with the particulate matter 

emissions limit using a particulate 

matter CEMS according to the 

procedures in § 62.14665a(n) instead of 

the CPMS specified in paragraph (i) of 

this section. Coal and liquid/gas energy 

recovery units with annual average heat 

input rates less than 250 MMBtu/hr, 

incinerators, and small, remote 

incinerators may also elect to 

demonstrate compliance using a 

particulate matter CEMS according to 

the procedures in § 62.14665a(n) instead 

of particulate matter testing with EPA 

Method 5 of 40 CFR part 60, appendix 

A–3, and, if applicable, the continuous 

opacity monitoring requirements in 

paragraph (i) of this section. 

(i) For energy recovery units with 

annual average heat input rates greater 

than or equal to 10 MMBtu/hr but less 

than 250 MMBtu/hr that do not use a 

wet scrubber, fabric filter with bag leak 

detection system, an electrostatic 

precipitator, particulate matter CEMS, 

or particulate matter CPMS, you must 

install, operate, certify, and maintain a 

continuous opacity monitoring system 

(COMS) according to the procedures in 

§ 62.14665a(m). 

(j) For waste-burning kilns, you must 

conduct an annual performance test for 

the pollutants (except mercury and 

hydrogen chloride if no acid gas wet 

scrubber or dry scrubber is used) listed 

in table 6 to this subpart, unless you 

choose to demonstrate initial and 

continuous compliance using CEMS, as 

allowed in paragraph (u) of this section. 

If you do not use an acid gas wet 

scrubber or dry scrubber, you must 

determine compliance with the 

hydrogen chloride emissions limit using 

a HCl CEMS according to the 

requirements in paragraph (j)(1) of this 

section. You must determine 

compliance with the mercury emissions 

limit using a mercury CEMS or an 

integrated sorbent trap monitoring 

system according to paragraph (j)(2) of 

this section. You must determine 

compliance with particulate matter 

using a PM CPMS according to 

paragraph (x) of this section. 

(1) If you monitor compliance with 

the HCl emissions limit by operating an 

HCl CEMS, you must do so in 

accordance with Performance 

Specification 15 (PS 15) of 40 CFR part 

60, appendix B, or, PS 18 of 40 CFR part 

60, appendix B. You must operate, 

maintain, and quality assure a HCl 

CEMS installed and certified under PS 

15 according to the quality assurance 

requirements in Procedure 1 of 40 CFR 

part 60, appendix F, except that the 

Relative Accuracy Test Audit 

requirements of Procedure 1 must be 

replaced with the validation 

requirements and criteria of sections 

11.1.1 and 12.0 of PS 15. You must 

operate, maintain and quality assure a 

HCl CEMS installed and certified under 

PS 18 according to the quality assurance 

requirements in Procedure 6 of 40 CFR 

part 60, appendix F. For any 

performance specification that you use, 

you must use Method 321 of 40 CFR 

part 63, appendix A, as the reference 

test method for conducting relative 

accuracy testing. The span value and 

calibration requirements in paragraphs 

(j)(1)(i) and (ii) of this section apply to 

all HCl CEMS used under this subpart: 


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100114 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

(i) You must use a measurement span 

value for any HCl CEMS of 0–10 ppmvw 

unless the monitor is installed on a kiln 

without an inline raw mill. Kilns 

without an inline raw mill may use a 

higher span value sufficient to quantify 

all expected emissions concentrations. 

The HCl CEMS data recorder output 

range must include the full range of 

expected HCl concentration values 

which would include those expected 

during ‘‘mill off’’ conditions. The 

corresponding data recorder range shall 

be documented in the site-specific 

monitoring plan and associated records; 

(ii) In order to quality assure data 

measured above the span value, you 

must use one of the three options in 

paragraphs (j)(1)(ii)(A) through (C) of 

this section: 

(A) Include a second span that 

encompasses the HCl emission 

concentrations expected to be 

encountered during ‘‘mill off’’ 

conditions. This second span may be 

rounded to a multiple of 5 ppm of total 

HCl. The requirements of the 

appropriate HCl monitor performance 

specification shall be followed for this 

second span with the exception that a 

relative accuracy test audit (RATA) with 

the mill off is not required; 

(B) Quality assure any data above the 

span value by proving instrument 

linearity beyond the span value 

established in paragraph (j)(1)(i) of this 

section using the following procedure. 

Conduct a weekly ‘‘above span 

linearity’’ calibration challenge of the 

monitoring system using a reference gas 

with a certified value greater than your 

highest expected hourly concentration 

or greater than 75 percent of the highest 

measured hourly concentration. The 

‘‘above span’’ reference gas must meet 

the requirements of the applicable 

performance specification and must be 

introduced to the measurement system 

at the probe. Record and report the 

results of this procedure as you would 

for a daily calibration. The ‘‘above span 

linearity’’ challenge is successful if the 

value measured by the HCl CEMS falls 

within 10 percent of the certified value 

of the reference gas. If the value 

measured by the HCl CEMS during the 

above span linearity challenge exceeds 

10 percent of the certified value of the 

reference gas, the monitoring system 

must be evaluated and repaired and a 

new ‘‘above span linearity’’ challenge 

met before returning the HCl CEMS to 

service, or data above span from the HCl 

CEMS must be subject to the quality 

assurance procedures established in 

(j)(1)(ii)(D) of this section. In this 

manner values measured by the HCl 

CEMS during the above span linearity 

challenge exceeding ±20 percent of the 

certified value of the reference gas must 

be normalized using equation 1 to 

paragraph (j)(1)(ii)(D)(1) of this section; 

(C) Quality assure any data above the 

span value established in paragraph 

(j)(1)(i) of this section using the 

following procedure. Any time two 

consecutive one-hour average measured 

concentration of HCl exceeds the span 

value you must, within 24 hours before 

or after, introduce a higher, ‘‘above 

span’’ HCl reference gas standard to the 

HCl CEMS. The ‘‘above span’’ reference 

gas must meet the requirements of the 

applicable performance specification 

and target a concentration level between 

50 and 150 percent of the highest 

expected hourly concentration 

measured during the period of 

measurements above span, and must be 

introduced at the probe. While this 

target represents a desired concentration 

range that is not always achievable in 

practice, it is expected that the intent to 

meet this range is demonstrated by the 

value of the reference gas. Expected 

values may include above span 

calibrations done before or after the 

above-span measurement period. Record 

and report the results of this procedure 

as you would for a daily calibration. The 

‘‘above span’’ calibration is successful if 

the value measured by the HCl CEMS is 

within 20 percent of the certified value 

of the reference gas. If the value 

measured by the HCl CEMS is not 

within 20 percent of the certified value 

of the reference gas, then you must 

normalize the stack gas values measured 

above span as described in paragraph 

(j)(1)(ii)(D) of this section. If the ‘‘above 

span’’ calibration is conducted during 

the period when measured emissions 

are above span and there is a failure to 

collect the one data point in an hour 

due to the calibration duration, then you 

must determine the emissions average 

for that missed hour as the average of 

hourly averages for the hour preceding 

the missed hour and the hour following 

the missed hour. In an hour where an 

‘‘above span’’ calibration is being 

conducted and one or more data points 

are collected, the emissions average is 

represented by the average of all valid 

data points collected in that hour; and 

(D)(1) In the event that the ‘‘above 

span’’ calibration is not successful (i.e., 

the HCl CEMS measured value is not 

within 20 percent of the certified value 

of the reference gas), then you must 

normalize the one-hour average stack 

gas values measured above the span 

during the 24-hour period preceding or 

following the ‘‘above span’’ calibration 

for reporting based on the HCl CEMS 

response to the reference gas as shown 

in equation 1 to this paragraph 

(j)(1)(ii)(D)(1): 

Equation 1 to paragraph (j)(1)(ii)(D)(1) 

(2) Only one ‘‘above span’’ calibration 

is needed per 24-hour period. 

(2) Compliance with the mercury 

emissions limit must be determined 

using a mercury CEMS or integrated 

sorbent trap monitoring system 

according to the following requirements: 

(i) You must operate a mercury CEMS 

in accordance with performance 

specification 12A of 40 CFR part 60, 

appendix B, or an integrated sorbent 

trap monitoring system in accordance 

with Performance Specification 12B of 

40 CFR part 60, appendix B; these 

monitoring systems must be quality 

assured according to Procedure 5 of 

appendix F to 40 CFR part 60. For the 

purposes of emissions calculations 

when using an integrated sorbent trap 

monitoring system, the mercury 

concentration determined for each 

sampling period must be assigned to 

each hour during the sampling period. 

If you choose to comply with the 

production-rate based mercury limit for 

your waste-burning kiln, you must also 

monitor hourly clinker production and 

determine the hourly mercury emissions 

rate in pounds per million ton of clinker 

produced. You must demonstrate 

compliance with the mercury emissions 

limit using a 30-day rolling average of 

these 1-hour mercury concentrations or 

mass emissions rates, including CEMS 

data during startup and shutdown as 

defined in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 of 40 CFR part 60, 

appendix A–7. CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content; 

(ii) Owners or operators using a 

mercury CEMS or integrated sorbent 

trap monitoring system to determine 

mass emission rate must install, operate, 

calibrate and maintain an instrument for 


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Certified reference gas value = Measured stack gas = Normalized stack gas result (Eq. 1) Measured value of reference gas 
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100115 

continuously measuring and recording 

the mercury mass emissions rate to the 

atmosphere according to the 

requirements of Performance 

Specification 6 (PS 6) of 40 CFR part 60, 

appendix B, and conducting an annual 

relative accuracy test of the continuous 

emission rate monitoring system 

according to section 8.2 of PS 6; and 

(iii) The owner or operator of a wasteburning kiln must demonstrate initial 

compliance by operating a mercury 

CEMS or integrated sorbent trap 

monitoring system while the raw mill of 

the in-line kiln/raw mill is operating 

under normal conditions and including 

at least one period when the raw mill is 

off. 

(k) If you use an air pollution control 

device to meet the emission limitations 

in this subpart, you must conduct an 

initial and annual inspection of the air 

pollution control device. The inspection 

must include, at a minimum, the 

following: 

(1) Inspect air pollution control 

device(s) for proper operation; and 

(2) Develop a site-specific monitoring 

plan according to the requirements in 

paragraph (l) of this section. This 

requirement also applies to you if you 

petition the EPA Administrator for 

alternative monitoring parameters under 

§ 60.13(i) of this chapter. 

(l) For each CMS required in this 

section, you must develop and submit to 

the EPA Administrator for approval a 

site-specific monitoring plan according 

to the requirements of this paragraph (l) 

that addresses paragraphs (l)(1)(i) 

through (vi) of this section: 

(1) You must submit this site-specific 

monitoring plan at least 60 days before 

your initial performance evaluation of 

your continuous monitoring system: 

(i) Installation of the continuous 

monitoring system sampling probe or 

other interface at a measurement 

location relative to each affected process 

unit such that the measurement is 

representative of control of the exhaust 

emissions (e.g., on or downstream of the 

last control device); 

(ii) Performance and equipment 

specifications for the sample interface, 

the pollutant concentration or 

parametric signal analyzer and the data 

collection and reduction systems; 

(iii) Performance evaluation 

procedures and acceptance criteria (e.g., 

calibrations); 

(iv) Ongoing operation and 

maintenance procedures in accordance 

with the general requirements of 

§ 60.11(d) of this chapter; 

(v) Ongoing data quality assurance 

procedures in accordance with the 

general requirements of § 60.13 of this 

chapter; and 

(vi) Ongoing recordkeeping and 

reporting procedures in accordance with 

the general requirements of § 60.7(b), (c) 

introductory text, (c)(1) and (4), and (d) 

through (g) of this chapter. 

(2) You must conduct a performance 

evaluation of each continuous 

monitoring system in accordance with 

your site-specific monitoring plan. 

(3) You must operate and maintain 

the continuous monitoring system in 

continuous operation according to the 

site-specific monitoring plan. 

(m) If you have an operating limit that 

requires the use of a flow monitoring 

system, you must meet the requirements 

in paragraphs (l) and (m)(1) through (4) 

of this section: 

(1) Install the flow sensor and other 

necessary equipment in a position that 

provides a representative flow; 

(2) Use a flow sensor with a 

measurement sensitivity at full scale of 

no greater than 2 percent; 

(3) Minimize the effects of swirling 

flow or abnormal velocity distributions 

due to upstream and downstream 

disturbances; and 

(4) Conduct a flow monitoring system 

performance evaluation in accordance 

with your monitoring plan at the time 

of each performance test but no less 

frequently than annually. 

(n) If you have an operating limit that 

requires the use of a pressure 

monitoring system, you must meet the 

requirements in paragraphs (l) and (n)(1) 

through (6) of this section: 

(1) Install the pressure sensor(s) in a 

position that provides a representative 

measurement of the pressure (e.g., PM 

scrubber pressure drop); 

(2) Minimize or eliminate pulsating 

pressure, vibration, and internal and 

external corrosion; 

(3) Use a pressure sensor with a 

minimum tolerance of 1.27 centimeters 

of water or a minimum tolerance of 1 

percent of the pressure monitoring 

system operating range, whichever is 

less; 

(4) Perform checks at the frequency 

outlined in your site-specific monitoring 

plan to ensure pressure measurements 

are not obstructed (e.g., check for 

pressure tap plugging daily); 

(5) Conduct a performance evaluation 

of the pressure monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than annually; and 

(6) If at any time the measured 

pressure exceeds the manufacturer’s 

specified maximum operating pressure 

range, conduct a performance 

evaluation of the pressure monitoring 

system in accordance with your 

monitoring plan and confirm that the 

pressure monitoring system continues to 

meet the performance requirements in 

your monitoring plan. Alternatively, 

install and verify the operation of a new 

pressure sensor. 

(o) If you have an operating limit that 

requires a pH monitoring system, you 

must meet the requirements in 

paragraphs (l) and (o)(1) through (4) of 

this section: 

(1) Install the pH sensor in a position 

that provides a representative 

measurement of scrubber effluent pH; 

(2) Ensure the sample is properly 

mixed and representative of the fluid to 

be measured; 

(3) Conduct a performance evaluation 

of the pH monitoring system in 

accordance with your monitoring plan 

at least once each process operating day; 

and 

(4) Conduct a performance evaluation 

(including a two-point calibration with 

one of the two buffer solutions having 

a pH within 1 of the pH of the operating 

limit) of the pH monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than quarterly. 

(p) If you have an operating limit that 

requires a secondary electric power 

monitoring system for an electrostatic 

precipitator, you must meet the 

requirements in paragraphs (l) and (p)(1) 

and (2) of this section: 

(1) Install sensors to measure 

(secondary) voltage and current to the 

precipitator collection plates; and 

(2) Conduct a performance evaluation 

of the electric power monitoring system 

in accordance with your monitoring 

plan at the time of each performance 

test but no less frequently than 

annually. 

(q) If you have an operating limit that 

requires the use of a monitoring system 

to measure sorbent injection rate (e.g., 

weigh belt, weigh hopper, or hopper 

flow measurement device), you must 

meet the requirements in paragraphs (l) 

and (q)(1) and (2) of this section: 

(1) Install the system in a position(s) 

that provides a representative 

measurement of the total sorbent 

injection rate; and 

(2) Conduct a performance evaluation 

of the sorbent injection rate monitoring 

system in accordance with your 

monitoring plan at the time of each 

performance test but no less frequently 

than annually. 

(r) If you elect to use a fabric filter bag 

leak detection system 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 (l) and (r)(1) through (5) of 

this section: 


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(1) Install a bag leak detection 

sensor(s) in a position(s) that will be 

representative of the relative or absolute 

particulate matter loadings for each 

exhaust stack, roof vent, or 

compartment (e.g., for a positive 

pressure fabric filter) of the fabric filter; 

(2) Use a bag leak detection system 

certified by the manufacturer to be 

capable of detecting particulate matter 

emissions at concentrations of 10 

milligrams per actual cubic meter or 

less; 

(3) Conduct a performance evaluation 

of the bag leak detection system in 

accordance with your monitoring plan 

and consistent with the guidance 

provided in OAQPS Fabric Filter Bag 

Leak Detection Guidance, EPA–454/R– 

98–015 (incorporated by reference, see 

paragraph (z) of this section). 

(4) Use a bag leak detection system 

equipped with a device to continuously 

record the output signal from the sensor; 

and 

(5) Use a bag leak detection system 

equipped with a system that will sound 

an alarm when an increase in relative 

particulate matter emissions over a 

preset level is detected. The alarm must 

be located where it is observed readily 

by plant operating personnel. 

(s) For facilities using a CEMS to 

demonstrate initial and continous 

compliance with the sulfur dioxide 

(SO2) emission limit, compliance with 

the sulfur dioxide emission limit may be 

demonstrated by using the CEMS 

specified in § 62.14665a(l) to measure 

sulfur dioxide. The sulfur dioxide 

CEMS must follow the procedures and 

methods specified in this paragraph (s). 

For sources that have actual inlet 

emissions less than 100 parts per 

million dry volume, the relative 

accuracy criterion for inlet sulfur 

dioxide CEMS should be no greater than 

20 percent of the mean value of the 

reference method test data in terms of 

the units of the emission standard, or 5 

parts per million dry volume absolute 

value of the mean difference between 

the reference method and the CEMS, 

whichever is greater: 

(1) During each relative accuracy test 

run of the CEMS required by 

Performance Specification 2 of 40 CFR 

part 60, appendix B, collect sulfur 

dioxide and oxygen (or carbon dioxide) 

data concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(s)(1)(i) and (ii) of this section: 

(i) For sulfur dioxide, EPA Reference 

Method 6 or 6C of 40 CFR part 60, 

appendix A–4, or as an alternative 

ANSI/ASME PTC 19.10–1981, Flue and 

Exhaust Gas Analyses [Part 10, 

Instruments and Apparatus] must be 

used (incorporated by reference, see 

paragraph (z) of this section); and 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A of 40 CFR 

part 60, appendix A–2, or as an 

alternative ANSI/ASME PTC 19.10– 

1981, Flue and Exhaust Gas Analyses 

[Part 10, Instruments and Apparatus], as 

applicable, must be used (incorporated 

by reference, see paragraph (z) of this 

section). 

(2) The span value of the CEMS at the 

inlet to the sulfur dioxide control device 

must be 125 percent of the maximum 

estimated hourly potential sulfur 

dioxide emissions of the unit subject to 

this subpart. The span value of the 

CEMS at the outlet of the sulfur dioxide 

control device must be 50 percent of the 

maximum estimated hourly potential 

sulfur dioxide emissions of the unit 

subject to this subpart. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with Procedure 1 of 40 

CFR part 60, appendix F. 

(t) For facilities using a CEMS to 

demonstrate intitial and continuous 

compliance with the nitrogen oxides 

emission limit, compliance with the 

nitrogen oxides emission limit may be 

demonstrated by using the CEMS 

specified in § 62.14665a to measure 

nitrogen oxides. The nitrogen oxides 

CEMS must follow the procedures and 

methods specified in paragraphs (t)(1) 

through (4) of this section: 

(1) During each relative accuracy test 

run of the CEMS required by 

Performance Specification 2 of 40 CFR 

part 60, appendix B, collect nitrogen 

oxides and oxygen (or carbon dioxide) 

data concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(t)(1)(i) and (ii) of this section: 

(i) For nitrogen oxides, EPA Reference 

Method 7 or 7E of 40 CFR part 60, 

appendix A–4, must be used; and 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A of 40 CFR 

part 60, appendix A–2, or as an 

alternative ANSI/ASME PTC 19.10– 

1981, Flue and Exhaust Gas Analyses 

[Part 10, Instruments and Apparatus], as 

applicable, must be used (incorporated 

by reference, see paragraph (z) of this 

section). 

(2) The span value of the CEMS must 

be 125 percent of the maximum 

estimated hourly potential nitrogen 

oxide emissions of unit. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with Procedure 1 of 40 

CFR part 60, appendix F. 

(4) The owner or operator of an 

affected facility may request that 

compliance with the nitrogen oxides 

emission limit be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. If 

carbon dioxide is selected for use in 

diluent corrections, the relationship 

between oxygen and carbon dioxide 

levels must be established during the 

initial performance test according to the 

procedures and methods specified in 

paragraphs (t)(4)(i) through (iv) of this 

section. This relationship may be 

reestablished during performance 

compliance tests: 

(i) The fuel factor equation in Method 

3B of 40 CFR part 60, appendix A–2, 

must be used to determine the 

relationship between oxygen and carbon 

dioxide at a sampling location. Method 

3A of 40 CFR part 60, appendix A–2, or 

as an alternative ANSI/ASME PTC 

19.10–1981, Flue and Exhaust Gas 

Analyses [Part 10, Instruments and 

Apparatus], as applicable, must be used 

to determine the oxygen concentration 

at the same location as the carbon 

dioxide monitor (incorporated by 

reference, see paragraph (z) of this 

section); 

(ii) Samples must be taken for at least 

30 minutes in each hour; 

(iii) Each sample must represent a 1- 

hour average; and 

(iv) A minimum of 3 runs must be 

performed. 

(u) For facilities using a CEMS or an 

integrated sorbent trap monitoring 

system for mercury to demonstrate 

initial and continuous compliance with 

any of the emission limits of this 

subpart, you must complete the 

following: 

(1) Demonstrate compliance with the 

appropriate emission limit(s) using a 30- 

day rolling average of 1-hour arithmetic 

average emission concentrations, 

including CEMS or an integrated 

sorbent trap monitoring system data 

during startup and shutdown, as 

defined in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 of 40 CFR part 60, 

appendix A–7. The 1-hour arithmetic 

averages for CEMS must be calculated 

using the data points required under 

§ 60.13(e)(2) of this chapter. Except for 

CEMS or an integrated sorbent trap 

monitoring system data during startup 

and shutdown, the 1-hour arithmetic 

averages used to calculate the 30-day 

rolling average emission concentrations 

must be corrected to 7 percent oxygen 

(dry basis). Integrated sorbent trap 

monitoring system or CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content; and 

(2) Operate all CEMS and integrated 

sorbent trap monitoring systems in 


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accordance with the applicable 

procedures under of 40 CFR part 60, 

appendices B and F. 

(v) Use of the bypass stack at any time 

is an emissions standards deviation for 

PM, HCl, lead, cadmium, mercury, 

nitrogen oxides, sulfur dioxide, and 

dioxin/furans. 

(w) For energy recovery units with a 

design heat input capacity of 100 

MMBtu/hr or greater that do not use a 

carbon monoxide CEMS, you must 

install, operate, and maintain an oxygen 

analyzer system as defined in 

§ 62.14785a according to the procedures 

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

section: 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 62.14605a; 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (w)(3) of this section at all 

times; 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen is not below 

the lowest hourly average oxygen 

concentration measured during the most 

recent carbon monoxide (CO) 

performance test; and 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of 40 CFR part 60, appendix A–7. 

(x) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hr and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (x)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, electrostatic precipitator 

secondary power, PM scrubber 

pressure): 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with paragraphs (l) and 

(x)(1)(i) through (iii) of this section: 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation of the exhaust gas or 

representative sample. The reportable 

measurement output from the PM CPMS 

must be expressed as milliamps or the 

digital signal equivalent; 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes; and 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 62.14605a. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or their digital equivalent). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (x)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); and 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit. Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under this paragraph (x); and 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(y) When kiln emissions are emittted 

through multiple stacks (e.g., there is an 

alkali bypass and/or an in-line coal mill 

that exhaust emissions through a 

separate stack(s)), the combined 

emissions are subject to the emission 

limits applicable to waste-burning kilns. 

To determine the kiln-specific emission 

limit for demonstrating compliance, you 

must: 

(1) Calculate a kiln-specific emission 

limit using equation 2 to this paragraph 

(y)(1): 

Equation 2 to paragraph (y)(1) 


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100118 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

Where: 

Cks = Kiln stack concentration (ppmvd, mg/ 

dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2). 

Qks = Kiln stack flow rate (volume/hr). 

Qi = Flow rate of stack i (volume/hr). 

n = Number of stacks kiln emissions are 

being emitted from including the kiln 

stack. 

m = Number of stacks excluding the kiln 

stack that kiln emissions are being 

emitted from. 

Ci = Concentration in stack i (ppmvd, mg/ 

dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2). 

(2) Particulate matter concentration 

must be measured downstream of the 

in-line coal mill. All other pollutant 

concentrations must be measured either 

upstream or downstream of the in-line 

coal mill. 

(3) For purposes of determining the 

combined emissions from kilns 

equipped with an alkali bypass or that 

exhaust kiln gases to a coal mill that 

exhausts through a separate stack, 

instead of installing a CEMS or PM 

CPMS on the alkali bypass stack or inline coal mill stack, the results of the 

initial and subsequent performance test 

can be used to demonstrate compliance 

with the relevant emissions limit. A 

performance test must be conducted on 

an annual basis (between 11 and 13 

calendar months following the previous 

performance test). 

(z) These standards are incorporated 

by reference into this section with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. All approved 

material is available for inspection at 

the U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460, (202) 272– 

0167, https://www.epa.gov. You may 

also inspect a copy at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

visit https://www.archives.gov/federalregister/cfr/ibr-locations.html or email 

fr.inspection@nara.gov. 

(1) American Society of Mechanical 

Engineers (ASME), Two Park Avenue, 

New York, NY 10016–5990; phone: 1– 

800–843–2763; website: https://

www.asme.org/. 

(i) ANSI/ASME PTC 19.10–1981, Flue 

and Exhaust Gas Analyses [Part 10, 

Instruments and Apparatus], Issued 

August 31, 1981. 

(ii) [Reserved] 

(2) U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460; phone 

(202) 272–0167; website https://

www.epa.gov. 

(i) Fabric Filter Bag Leak Detection 

Guidance, EPA–454/R–98–015, 

September 1997. (Available from 

www3.epa.gov/ttnemc01/cem/tribo.pdf.) 

(ii) [Reserved] 

§ 62.14645a By what date must I conduct 

the annual performance test? 

You must conduct annual 

performance tests between 11 and 13 

calendar months of the previous 

performance test. 

§ 62.14650a By what date must I conduct 

the annual air pollution control device 

inspection? 

On an annual basis (no more than 12 

months following the previous annual 

air pollution control device inspection), 

you must complete the air pollution 

control device inspection as described 

in § 62.14635a. 

§ 62.14655a May I conduct performance 

testing less often? 

You must conduct annual 

performance tests according to the 

schedule specified in § 62.14645a, with 

the following exceptions: 

(a) You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits, as 

specified in § 62.14660a. New operating 

limits become effective on the date that 

the performance test report is submitted 

to the EPA’s Central Data Exchange or 

postmarked, per the requirements of 

§ 62.14730a(b). The Administrator may 

request a repeat performance test at any 

time; 

(b) You must repeat the performance 

test within 60 days of a process change, 

as defined in § 62.14780a; and 

(c) You can conduct performance tests 

less often if you meet the following 

conditions: your performance tests for 

the pollutant for at least 2 consecutive 

performance tests demonstrates that the 

emission level for the pollutant is no 

greater than the emission level specified 

in paragraph (c)(1) or (2) of this section, 

as applicable; there are no changes in 

the operation of the affected source or 

air pollution control equipment that 

could increase emissions; and you are 

not required to conduct a performance 

test for the pollutant in response to a 

request by the Administrator in 

paragraph (a) of this section or a process 

change in paragraph (b) of this section. 

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 for the pollutant no 

more than 37 months following the 

previous performance test for the 

pollutant. If the emission level for your 

CISWI continues to meet the emission 

level specified in paragraph (c)(1) or (2), 

as applicable, you may choose to 

conduct performance tests for the 

pollutant every third year, as long as 

there are no changes in the operation of 

the affected source or air pollution 

control equipment that could increase 

emissions. Each such performance test 

must be conducted no more than 37 

months after the previous performance 

test. 

(1) For particulate matter, hydrogen 

chloride, mercury, carbon monoxide, 

nitrogen oxides, sulfur dioxide, 

cadmium, lead, and dioxins/furans, the 

emission level equal to 75 percent of the 

applicable emission limit in tables 4 

through 7 to this subpart, as applicable; 

and 

(2) For fugitive emissions, visible 

emissions (of combustion ash from the 

ash conveying system) for 2 percent of 

the time during each of the three 1-hour 

observation periods. 

(3) If you are conducting less frequent 

testing for a pollutant as provided in 

this paragraph (c) and a subsequent 

performance test for the pollutant 

indicates that your CISWI does not meet 

the emission level specified in 

paragraph (c)(1) or (2) of this section, as 

applicable, you must conduct annual 

performance tests for the pollutant 

according to the schedule specified in 

this section until you qualify for less 

frequent testing for the pollutant as 

specified in this paragraph (c). 

§ 62.14660a 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 

§ 62.14665a 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 


lotter on DSK11XQN23PROD with RULES2ER11DE24.029</GPH>

Cks = (EmissionLimitxr}fQi)-r.T(QiXCi) (Eq.2) 

Qks 
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100119 

under § 62.14600a, 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 1 to this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in table 1 to this subpart at all times 

except as specified in § 62.14670a(a). 

(b) If you use a fabric filter to comply 

with the requirements of this subpart 

and you do not use a PM CPMS or PM 

CEMS for monitoring PM compliance, 

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 alert automatically an operator 

when an increase in relative particulate 

matter emissions over a preset level is 

detected. The alarm must be located 

where it is observed easily 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, activated carbon, 

selective non-catalytic reduction, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations under § 62.14600a, 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 § 62.14610a. 

(d) If you use activated carbon 

injection to comply with the emission 

limitations in this subpart, you must 

measure the minimum sorbent flow rate 

once per hour. 

(e) If you use selective noncatalytic 

reduction to comply with the emission 

limitations in this subpart, you must 

complete the following: 

(1) Following the date on which the 

initial performance test is completed or 

is required to be completed under 

§ 62.14615a, whichever date comes first, 

ensure that the affected facility does not 

operate above the maximum charge rate, 

or below the minimum secondary 

chamber temperature (if applicable to 

your CISWI) or the minimum reagent 

flow rate measured as 3-hour block 

averages at all times; and 

(2) Operation of the affected facility 

above the maximum charge rate, below 

the minimum secondary chamber 

temperature and below the minimum 

reagent flow rate simultaneously 

constitute a violation of the nitrogen 

oxides emissions limit. 

(f) If you use an electrostatic 

precipitator to comply with the 

emission limits of this subpart and you 

do not use a PM CPMS for monitoring 

PM compliance, you must monitor the 

secondary power to the electrostatic 

precipitator collection plates and 

maintain the 3-hour block averages at or 

above the operating limits established 

during the mercury or particulate matter 

performance test. 

(g) For waste-burning kilns not 

equipped with a wet scrubber or dry 

scrubber, you must install, calibrate, 

maintain, and operate a CEMS for 

monitoring hydrogen chloride emissions 

discharged to the atmosphere, as 

specified in § 62.14640a(j), and record 

the output of the system. You may 

substitute use of a HCl CEMS for 

conducting the HCl initial and annual 

testing with EPA Method 321 of 40 CFR 

part 63, appendix A. for units other than 

waste-burning kilns not equipped with 

a wet scrubber or dry scrubber, a facility 

may substitute use of a HCl CEMS for 

conducting the HCl initial and annual 

performance test. For units equipped 

with a HCl CEMS, you are not required 

to monitor the minimum hydrogen 

chloride sorbent flow rate, monitoring 

the minimum scrubber liquor pH, and 

monitoring minimum injection rate. 

(h) To demonstrate continuous 

compliance with the particulate matter 

emissions limit in this subpart, a facility 

may substitute use of either a particulate 

matter CEMS or a particulate matter 

CPMS for conducting the particulate 

matter annual performance test. For 

units equipped with a particulate matter 

CEMS, you are not required to use other 

CMS monitoring for PM compliance 

(e.g., bag leak detectors, electrostatic 

precipitator secondary power, PM 

scrubber pressure). A facility may also 

substitute use of a particulate matter 

CEMS for conducting the PM initial 

performance test. 

(i) To demonstrate initial and 

continuous compliance with the dioxin/ 

furan emissions limit in this subpart, a 

facility may substitute use of a 

continuous automated sampling system 

for the dioxin/furan initial and annual 

performance test. You must record the 

output of the system and analyze the 

sample according to EPA Method 23 of 

40 CFR part 60, appendix A–7. This 

option to use a continuous automated 

sampling system takes effect on the date 

a final performance specification 

applicable to dioxin/furan from 

continuous monitors is published in the 

Federal Register. The owner or operator 

who elects to continuously sample 

dioxin/furan emissions instead of 

sampling and testing using EPA Method 

23 must install, calibrate, maintain and 

operate a continuous automated 

sampling system and must comply with 

the requirements specified in 

§ 60.58b(p) and (q) of this chapter. A 

facility may substitute continuous 

dioxin/furan monitoring for the 

minimum sorbent flow rate, if activated 

carbon sorbent injection is used solely 

for compliance with the dioxin/furan 

emission limit. 

(j)(1) To demonstrate initial and 

continuous compliance with the 

mercury emissions limit in this subpart, 

a facility may substitute use of a 

mercury CEMS or and integrated 

sorbent trap monitoring system for the 

mercury initial and annual performance 

test. The owner or operator who elects 

to continuously sample mercury 

emissions instead of sampling and 

testing using EPA Method 29 or 30B of 

40 CFR part 60, appendix A–8, ASTM 

D6784–24, Standard Test Method for 

Elemental, Oxidized, Particle-Bound 

and Total Mercury in Flue Gas 

Generated from Coal-Fired Stationary 

Sources (Ontario Hydro Method), 

approved March 1, 2024 (ASTM D6784– 

24), or an approved alternative method 

for measuring mercury emissions, must 

install, calibrate, maintain and operate 

the mercury CEMS or integrated sorbent 

trap monitoring system and must 

comply with Performance Specification 

12A or 12B of 40 CFR part 60, appendix 

B, respectively, and quality assurance 

requirements of Procedure 5 of 40 CFR 


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100120 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

part 60, appendix F. For the purposes of 

emissions calculations when using an 

integrated sorbent trap monitoring 

system, the mercury concentration 

determined for each sampling period 

must be assigned to each hour during 

the sampling period. For units equipped 

with a mercury CEMS or an integrated 

sorbent trap monitoring system, you are 

not required to monitor the minimum 

sorbent flow rate, if activated carbon 

sorbent injection is used solely for 

compliance with the mercury emission 

limit. Waste-burning kilns must install, 

calibrate, maintain, and operate a 

mercury CEMS or an integrated sorbent 

trap monitoring system as specified in 

§ 62.14640a(j). 

(2) ASTM D6784–24 is incorporated 

by reference into this section with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. This material is available 

for inspection at the U.S. Environmental 

Protection Agency (EPA) and at the 

National Archives and Records 

Administration (NARA). Contact the 

EPA at: 1200 Pennsylvania Avenue NW, 

Washington, DC 20460, (202) 272–0167, 

https://www.epa.gov. For information 

on the availability of this material at 

NARA, visit https://www.archives.gov/ 

federal-register/cfr/ibr-locations or 

email fr.inspection@nara.gov. This 

material may be obtained from ASTM 

International (ASTM) at: 100 Barr 

Harbor Drive, Post Office Box C700, 

West Conshohocken, PA 19428–2959; 

phone: +1–610–832–9500; website: 

https://www.astm.org/. 

(k) To demonstrate initial and 

continuous compliance with the 

nitrogen oxides emissions limit in this 

subpart, a facility may substitute use of 

a CEMS for the nitrogen oxides initial 

and annual performance test to 

demonstrate compliance with the 

nitrogen oxides emissions limits. For 

units equipped with a nitrogen oxides 

CEMS, you are not required to monitor 

the charge rate, secondary chamber 

temperature and reagent flow for 

selective noncatalytic reduction, if 

applicable: 

(1) Install, calibrate, maintain and 

operate a CEMS for measuring nitrogen 

oxides emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

Performance Specification 2 of 40 CFR 

part 60, appendix B, the quality 

assurance requirements of Procedure 1 

of 40 CFR part 60, appendix F, and the 

procedures under § 60.13 of this chapter 

must be followed for installation, 

evaluation and operation of the CEMS; 

and 

(2) Compliance with the emission 

limit in this subpart for nitrogen oxides 

must be determined based on the 30-day 

rolling average of the hourly emission 

concentrations using CEMS outlet data, 

as outlined in § 62.14640a(u). 

(l) To demonstrate initial and 

continuous compliance with the sulfur 

dioxide emissions limit in this subpart, 

a facility may substitute use of a CEMS 

for the sulfur dioxide initial and annual 

performance test to demonstrate 

compliance with the sulfur dioxide 

emissions limits: 

(1) Install, calibrate, maintain and 

operate a CEMS for measuring sulfur 

dioxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

Performance Specification 2 of 40 CFR 

part 60, appendix B, the quality 

assurance requirements of Procedure 1 

of 40 CFR part 60, appendix F, and the 

procedures under § 60.13 of this chapter 

must be followed for installation, 

evaluation and operation of the CEMS; 

and 

(2) Compliance with the sulfur 

dioxide emission limit in this subpart 

shall be determined based on the 30-day 

rolling average of the hourly arithmetic 

average emission concentrations using 

CEMS outlet data, as outlined in 

§ 62.14640a(u). 

(m) For energy recovery units over 10 

MMBtu/hr but less than 250 MMBtu/hr 

annual average heat input rates that do 

not use a wet scrubber, fabric filter with 

bag leak detection system, an 

electrostatic precipitator, particulate 

matter CEMS, or particulate matter 

CPMS, you must install, operate, certify 

and maintain a continuous opacity 

monitoring system according to the 

procedures in paragraphs (m)(1) through 

(5) of this section by the compliance 

date specified in § 62.14600a. Energy 

recovery units that use a particulate 

matter CEMS to demonstrate initial and 

continuing compliance according to the 

procedures in § 62.14665a(n) are not 

required to install a continuous opacity 

monitoring system and must perform 

the annual performance tests for opacity 

consistent with § 62.14640a(f): 

(1) Install, operate and maintain each 

continuous opacity monitoring system 

according to Performance Specification 

1 (PS 1) of 40 CFR part 60, appendix B; 

(2) Conduct a performance evaluation 

of each continuous opacity monitoring 

system according to the requirements in 

§ 60.13 of this chapter and according to 

PS 1 of 40 CFR part 60, appendix B; 

(3) As specified in § 60.13(e)(1) of this 

chapter, each continuous opacity 

monitoring system must complete a 

minimum of one cycle of sampling and 

analyzing for each successive 10-second 

period and one cycle of data recording 

for each successive 6-minute period; 

(4) Reduce the continuous opacity 

monitoring system data as specified in 

§ 60.13(h)(1) of this chapter; and 

(5) Determine and record all the 6- 

minute averages (and 1-hour block 

averages as applicable) collected. 

(n) For coal and liquid/gas energy 

recovery units, incinerators, and small 

remote incinerators, an owner or 

operator may elect to install, calibrate, 

maintain and operate a CEMS for 

monitoring particulate matter emissions 

discharged to the atmosphere and 

record the output of the system. The 

owner or operator of an affected facility 

who continuously monitors particulate 

matter emissions instead of conducting 

performance testing using EPA Method 

5 of 40 CFR part 60, appendix A–3, or 

monitoring with a particulate matter 

CPMS according to paragraph (r) of this 

section, must install, calibrate, maintain 

and operate a PM CEMS and must 

comply with the requirements specified 

in paragraphs (n)(1) through (10) of this 

section: 

(1) The PM CEMS must be installed, 

evaluated, and operated in accordance 

with the requirements of Performance 

Specification 11 of 40 CFR part 60, 

appendix B, and quality assurance 

requirements of Procedure 2 of 40 CFR 

part 60, appendix F, and § 60.13 of this 

chapter; 

(2) The initial performance evaluation 

must be completed no later than 180 

days after January 10, 2025, as specified 

under § 62.14615a or within 180 days of 

notification to the Administrator of use 

of the continuous monitoring system if 

the owner or operator was previously 

determining compliance by Method 5 of 

40 CFR part 60, appendix A–3, 

performance tests, whichever is later; 

(3) The owner or operator of an 

affected facility may request that 

compliance with the particulate matter 

emission limit be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. 

The relationship between oxygen and 

carbon dioxide levels for the affected 

facility must be established according to 

the procedures and methods specified 

in § 62.14640a(t)(4)(i) through (iv); 

(4) The owner or operator of an 

affected facility must conduct an initial 

performance test for particulate matter 

emissions. If PM CEMS are elected for 

demonstrating compliance, and the 

initial performance test has not yet been 

conducted, then initial compliance must 

be determined by using the CEMS 

specified in this paragraph (n) to 

measure particulate matter. You must 

calculate a 30-day rolling average of 1- 

hour arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown, as 


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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100121 

defined in this subpart, using equation 

19–19 in section 12.4.1 of EPA 

Reference Method 19 of 40 CFR part 60, 

appendix A–7; 

(5) Continuous compliance with the 

particulate matter emission limit must 

be determined based on the 30-day 

rolling average calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 of 40 CFR part 60, 

appendix A–7, from the 1-hour 

arithmetic average of the CEMS outlet 

data; 

(6) At a minimum, valid continuous 

monitoring system hourly averages must 

be obtained as specified § 62.14670a; 

(7) The 1-hour arithmetic averages 

required under paragraph (n)(5) of this 

section must be expressed in milligrams 

per dry standard cubic meter (mg/dscm) 

corrected to 7 percent oxygen (or carbon 

dioxide)(dry basis) and must be used to 

calculate the 30-day rolling average 

emission concentrations. CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 

1-hour arithmetic averages must be 

calculated using the data points 

required under § 60.13(e)(2) of this 

chapter; 

(8) All valid CEMS data must be used 

in calculating average emission 

concentrations even if the minimum 

CEMS data requirements of paragraph 

(n)(6) of this section are not met; 

(9) The CEMS must be operated 

according to Performance Specification 

11 of 40 CFR part 60, appendix B; and 

(10) Quarterly and yearly accuracy 

audits and daily drift, system optics, 

and sample volume checks must be 

performed in accordance with 

Procedure 2 of 40 CFR part 60, appendix 

F. 

(o) To demonstrate initial and 

continuous compliance with the carbon 

monoxide emissions limit in this 

subpart, a facility may substitute use of 

a CEMS for the carbon monoxide initial 

and annual performance test to 

demonstrate compliance with the 

carbon monoxide emissions limits: 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring carbon 

monoxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

Performance Specification 4A or 4B of 

40 CFR part 60, appendix B, the quality 

assurance requirements of Procedure 1 

of 40 CFR part 60, appendix F, and the 

procedures under § 60.13 of this chapter 

must be followed for installation, 

evaluation, and operation of the CEMS; 

and 

(2) Compliance with the carbon 

monoxide emission limit shall be 

determined based on the 30-day rolling 

average of the hourly arithmetic average 

emission concentrations, including 

CEMS data during startup and 

shutdown as defined in this subpart, 

using CEMS outlet data, as outlined in 

§ 62.14640a(u). 

(p) The owner/operator of an affected 

source with a bypass stack shall install, 

calibrate (to manufacturers’ 

specifications), maintain and operate a 

device or method for measuring the use 

of the bypass stack including date, time 

and duration. 

(q) For energy recovery units with a 

heat input capacity of 100 MMBtu/hr or 

greater that do not use a carbon 

monoxide CEMS, you must install, 

operate and maintain the continuous 

oxygen monitoring system as defined in 

§ 62.14780a according to the procedures 

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

section: 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 62.14605a; 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (q)(3) of this section at all 

times; 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen according to 

paragraph (q)(4) of this section is not 

below the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test; and 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of 40 CFR part 60, appendix A–7. 

(r) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hr and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (r)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, electrostatic precipitator 

secondary power, PM scrubber 

pressure): 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with § 62.14640a(l) and 

(r)(1)(i) through (iii) of this section: 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation of the exhaust gas or 

representative sample. The reportable 

measurement output from the PM CPMS 

must be expressed as milliamps or the 

digital signal equivalent; 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes; and 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit in this subpart, you must 

adjust the site-specific operating limit in 

accordance with the results of the 

performance test according to the 

procedures specified in § 62.14605a. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or digital bits). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (r)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 


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out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); and 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit in this subpart and to 

verify the operation of the emissions 

control device(s). Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under this paragraph (r)(8)(iii); 

and 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(s) If you use a dry scrubber to comply 

with the emission limits of this subpart, 

you must monitor the injection rate of 

each sorbent and maintain the 3-hour 

block averages at or above the operating 

limits established during the hydrogen 

chloride performance test. 

(t) If you are required to monitor 

clinker production because you comply 

with the production-rate based mercury 

limit in this subpart for your wasteburning kiln, you must: 

(1) Determine hourly clinker 

production by one of two methods: 

(i) Install, calibrate, maintain, and 

operate a permanent weigh scale system 

to measure and record weight rates in 

tons-mass per hour of the amount of 

clinker produced. The system of 

measuring hourly clinker production 

must be maintained within ±5 percent 

accuracy; or 

(ii) Install, calibrate, maintain, and 

operate a permanent weigh scale system 

to measure and record weight rates in 

tons-mass per hour of the amount of 

feed to the kiln. The system of 

measuring feed must be maintained 

within ±5 percent accuracy. Calculate 

your hourly clinker production rate 

using a kiln-specific feed to clinker ratio 

based on reconciled clinker production 

determined for accounting purposes and 

recorded feed rates. Update this ratio 

monthly. Note that if this ratio changes 

at clinker reconciliation, you must use 

the new ratio going forward, but you do 

not have to retroactively change clinker 

production rates previously estimated. 

(2) Determine the accuracy of the 

system of measuring hourly clinker 

production (or feed mass flow if 

applicable) before the final compliance 

date under this subpart and during each 

quarter of source operation. 

(3) Conduct accuracy checks in 

accordance with the procedures 

outlined in your site-specific monitoring 

plan under § 62.14640a(l). 

§ 62.14670a Is there a minimum amount of 

monitoring data I must obtain? 

For each continuous monitoring 

system required or optionally allowed 

under § 62.14665a, you must monitor 

and collect data according to this 

section: 

(a) You must operate the monitoring 

system and collect data at all required 

intervals at all times compliance is 

required except for periods of 

monitoring system malfunctions or outof-control periods, repairs associated 

with monitoring system malfunctions or 

out-of-control periods (as specified in 

§ 62.14705a(o)), and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments. A 

monitoring system malfunction is any 

sudden, infrequent, not reasonably 

preventable failure of the monitoring 

system to provide valid data. 

Monitoring system failures that are 

caused in part by poor maintenance or 

careless operation are not malfunctions. 

You are required to effect monitoring 

system repairs in response to 

monitoring system malfunctions or outof-control periods and to return the 

monitoring system to operation as 

expeditiously as practicable. 

(b) You may not use data recorded 

during monitoring system malfunctions, 

repairs associated with monitoring 

system malfunctions or out-of-control 

periods, or required monitoring system 

quality assurance or control activities in 

calculations used to report emissions or 

operating levels. You must use all the 

data collected during all other periods, 

including data normalized for above 

scale readings, in assessing the 

operation of the control device and 

associated control system. 

(c) Except for periods of monitoring 

system malfunctions or out-of-control 

periods, repairs associated with 

monitoring system malfunctions or outof-control periods, and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments, 

failure to collect required data is a 

deviation of the monitoring 

requirements. 

Recordkeeping and Reporting 

§ 62.14675a What records must I keep? 

You must maintain the items (as 

applicable) as specified in paragraphs 

(a) through (o) 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 (7) of this 

section: 

(1) The CISWI 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; and 

(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(5) For affected CISWI that establish 

operating limits for controls other than 

wet scrubbers under § 62.14610a, you 

must maintain data collected for all 

operating parameters used to determine 

compliance with the operating limits. 

For energy recovery units using 

activated carbon injection or a dry 

scrubber, you must also maintain 

records of the load fraction and 

corresponding sorbent injection rate 

records; and 

(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. 


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You must also record the percent of 

operating time during each 6-month 

period that the alarm sounds, calculated 

as specified in § 62.14605a(c). 

(7) If you monitor clinker production 

in accordance with § 62.14665a(t): 

(i) Hourly clinker rate produced if 

clinker production is measured directly; 

(ii) Hourly measured kiln feed rates 

and calculated clinker production rates 

if clinker production is not measured 

directly; 

(iii) Thirty (30)-day rolling averages 

for mercury in pounds per million tons 

of clinker produced; and 

(iv) The initial and quarterly accuracy 

of the system of measuring hourly 

clinker production (or feed mass flow). 

(c) Identification of calendar dates 

and times for which data show a 

deviation from the operating limits in 

table 1 to this subpart or a deviation 

from other operating limits established 

under § 62.14605a(d) through (g) or 

§ 62.14610a with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(d) 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. 

(e) Records showing the names of 

CISWI operators who have completed 

review of the information in 

§ 62.14590a(a) as required by 

§ 62.14590a(b), including the date of the 

initial review and all subsequent annual 

reviews. 

(f) Records showing the names of the 

CISWI operators who have completed 

the operator training requirements 

under § 62.14565a, met the criteria for 

qualification under § 62.14575a, and 

maintained or renewed their 

qualification under § 62.14580a or 

§ 62.14585a. 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. 

(g) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(h) Records of calibration of any 

monitoring devices as required under 

§ 62.14665a. 

(i) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(j) The information listed in 

§ 62.14590a(a). 

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

quantity of waste burned and the types 

of waste burned (always required). 

(l) Maintain records of the annual air 

pollution control device inspections 

that are required for each CISWI subject 

to the emissions limits in tables 4 

through 7 to this subpart, any required 

maintenance and any repairs not 

completed within 10 days of an 

inspection or the timeframe established 

by the state regulatory agency. 

(m) For continuously monitored 

pollutants or parameters, you must 

document and keep a record of the 

following parameters measured using 

continuous monitoring systems. If you 

monitor emissions with a CEMS, you 

must indicate which data are CEMS data 

during startup and shutdown: 

(1) All 6-minute average levels of 

opacity; 

(2) All 1-hour average concentrations 

of sulfur dioxide emissions; 

(3) All 1-hour average concentrations 

of nitrogen oxides emissions; 

(4) All 1-hour average concentrations 

of carbon monoxide emissions; 

(5) All 1-hour average concentrations 

of particulate matter emissions; 

(6) All 1-hour average concentrations 

of mercury emissions; 

(7) All 1-hour average concentrations 

of HCl CEMS outputs; 

(8) All 1-hour average percent oxygen 

concentrations; and 

(9) All 1-hour average PM CPMS 

readings or particulate matter CEMS 

outputs. 

(n) Records indicating use of the 

bypass stack, including dates, times and 

durations. 

(o) If you choose to stack test less 

frequently than annually, consistent 

with § 62.14655a, you must keep annual 

records that document that your 

emissions in the previous stack test(s) 

were less than 75 percent of the 

applicable emission limit and document 

that there was no change in source 

operations including fuel composition 

and operation of air pollution control 

equipment that would cause emissions 

of the relevant pollutant to increase 

within the past year. 

(p) Records of the occurrence and 

duration of each malfunction of 

operation (i.e., process equipment) or 

the air pollution control and monitoring 

equipment. 

(q) Records of all required 

maintenance performed on the air 

pollution control and monitoring 

equipment. 

(r) Records of actions taken during 

periods of malfunction to minimize 

emissions in accordance with § 60.11(d) 

of this chapter, including corrective 

actions to restore malfunctioning 

process and air pollution control and 

monitoring equipment to its normal or 

usual manner of operation. 

(s) For operating units that combust 

non-hazardous secondary materials that 

have been determined not to be solid 

waste pursuant to § 241.3(b)(1) of this 

chapter, you must keep a record which 

documents how the secondary material 

meets each of the legitimacy criteria 

under § 241.3(d)(1) of this chapter. If 

you combust a fuel that has been 

processed from a discarded nonhazardous secondary material pursuant 

to § 241.3(b)(4) of this chapter, you must 

keep records as to how the operations 

that produced the fuel satisfies the 

definition of processing in § 241.2 of 

this chapter and each of the legitimacy 

criteria in § 241.3(d)(1). If the fuel 

received a non-waste determination 

pursuant to the petition process 

submitted under § 241.3(c) of this 

chapter, you must keep a record that 

documents how the fuel satisfies the 

requirements of the petition process. For 

operating units that combust nonhazardous secondary materials as fuel 

per § 241.4 of this chapter, you must 

keep records documenting that the 

material is a listed non-waste under 

§ 241.4(a) of this chapter. 

(t) Records of the criteria used to 

establish that 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)) and that the 

waste material the unit is proposed to 

burn is homogeneous. 

(u) Records of the criteria used to 

establish that the unit qualifies as a 

cogeneration facility under section 

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

U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is 

homogeneous. 

§ 62.14680a 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. 

§ 62.14685a What reports must I submit? 

See table 3 to this subpart for a 

summary of the reporting requirements. 

§ 62.14690a When must I submit my waste 

management plan? 

You must submit a waste management 

plan no later than January 10, 2025, or 

the date you recommence burning solid 

waste, whichever is later. 


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§ 62.14695a 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 § 62.14625a, as applicable; 

(b) The values for the site-specific 

operating limits established in 

§ 62.14605a or § 62.14610a; and 

(c) If you are using a fabric filter to 

comply with the emission limitations in 

this subpart, documentation that a bag 

leak detection system has been installed 

and is being operated, calibrated, and 

maintained as required by 

§ 62.14665a(b). 

§ 62.14700a 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 

§ 62.14695a. 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.) 

§ 62.14705a What information must I 

include in my annual report? 

The annual report required under 

§ 62.14700a must include the items 

listed in paragraphs (a) through (p) of 

this section. If you have a deviation 

from the operating limits or the 

emission limitations in this subpart, you 

must also submit deviation reports as 

specified in §§ 62.14710a, 62.14715a, 

and 62.14720a. 

(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. If your report is 

submitted via the Compliance and 

Emissions Data Reporting Interface 

(CEDRI), the certifier’s electronic 

signature during the submission process 

replaces this requirement; 

(c) Date of report and beginning and 

ending dates of the reporting period. 

You are no longer requried to provide 

the date of the report when the report 

is submitted via CEDRI; 

(d) The values for the operating limits 

established pursuant to § 62.14605a or 

§ 62.14610a; 

(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; 

(f) The highest recorded 3-hour 

average and the lowest recorded 3-hour 

average (30-day average for energy 

recovery units), as applicable, for each 

operating parameter recorded for the 

calendar year being reported; 

(g) Information recorded under 

§ 62.14675a(b)(6) and (c) through (e) for 

the calendar year being reported; 

(h) For each performance test 

conducted during the reporting period, 

if any performance test is conducted, 

the process unit(s) tested, the 

pollutant(s) tested and the date that 

such performance test was conducted. 

Submit, following the procedure 

specified in § 62.14730a(b)(1), the 

performance test report no later than the 

date that you submit the annual report; 

(i) If you met the requirements of 

§ 62.14655a, and did not conduct a 

performance test during the reporting 

period, you must state that you met the 

requirements of § 62.14655a, and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period; 

(j) The start date, start time, and 

duration (in hours) of periods when all 

qualified CISWI operators were 

unavailable for more than 8 hours, but 

less than 2 weeks; 

(k) If you had a malfunction during 

the reporting period, the compliance 

report must include the start date, start 

time, duration (in hours), and a brief 

description for each malfunction that 

occurred during the reporting period 

and that caused or may have caused any 

applicable emission limitation to be 

exceeded. The report must also include 

a description of actions taken by an 

owner or operator during a malfunction 

of an affected source to minimize 

emissions in accordance with § 60.11(d) 

of this chapter, including actions taken 

to correct a malfunction; 

(l) For each deviation from an 

emission or operating limitation that 

occurs for a CISWI for which you are 

not using a CMS to comply with the 

emission or operating limitations in this 

subpart, the annual report must contain 

the following information: 

(1) The total operating time (in hours) 

of the CISWI at which the deviation 

occurred during the reporting period; 

and 

(2) Information on the start date, start 

time, duration (in hours), and cause of 

deviations (including unknown cause, if 

applicable), as applicable, and the 

corrective action taken; 

(m) If there were periods during 

which the continuous monitoring 

system, including the CEMS, was out of 

control as specified in paragraph (o) of 

this section, the annual report must 

contain the following information for 

each deviation from an emission or 

operating limitation occurring for a 

CISWI for which you are using a 

continuous monitoring system to 

comply with the emission and operating 

limitations in this subpart: 

(1) The date and time that each 

malfunction started and stopped; 

(2) The start and end date and time 

and duration (in hours) that each CMS 

was inoperative, except for zero (lowlevel) and high-level checks; 

(3) The start and end date and time 

and duration (in hours) that each 

continuous monitoring system was outof-control, and descriptions of 

corrective actions taken; 

(4) The date and time that each 

deviation started and stopped, and 

whether each deviation occurred during 

a period of malfunction or during 

another period; 

(5) A summary of the total duration 

(in hours) of the deviation during the 

reporting period, and the total duration 

as a percent of the total source operating 

time during that reporting period; 

(6) A breakdown of the total duration 

(in hours) of the deviations during the 

reporting period into those that are due 

to control equipment problems, process 

problems, other known causes, and 

other unknown causes; 

(7) A summary of the total duration 

(in hours) of continuous monitoring 

system downtime during the reporting 

period, and the total duration of 

continuous monitoring system 

downtime as a percent of the total 

operating time of the CISWI at which 

the continuous monitoring system 

downtime occurred during that 

reporting period; 

(8) An identification of each 

parameter and pollutant that was 

monitored at the CISWI; 

(9) A brief description of the CISWI; 

(10) A brief description of the 

continuous monitoring system; 

(11) The date of the latest continuous 

monitoring system certification or audit; 

and 

(12) A description of any changes in 

continuous monitoring system, 

processes, or controls since the last 

reporting period; 

(n) If there were periods during which 

the continuous monitoring system, 

including the CEMS, was not out of 

control as specified in paragraph (o) of 

this section, a statement that there were 

not periods during which the 

continuous monitoring system was out 

of control during the reporting period; 


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(o) A continuous monitoring system is 

out of control if any of the following 

occur: 

(1) The zero (low-level), mid-level (if 

applicable), or high-level calibration 

drift exceeds two times the applicable 

calibration drift specification in the 

applicable performance specification or 

in the relevant standard; 

(2) The continuous monitoring system 

fails a performance test audit (e.g., 

cylinder gas audit), relative accuracy 

audit, relative accuracy test audit, or 

linearity test audit; and 

(3) The continuous opacity 

monitoring system calibration drift 

exceeds two times the limit in the 

applicable performance specification in 

the relevant standard; and 

(p) For energy recovery units, include 

the annual heat input and average 

annual heat input rate of all fuels being 

burned in the unit to verify which 

subcategory of energy recovery unit 

applies. 

§ 62.14710a 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 

(30-day average for energy recovery 

units or for PM CPMS) 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 any 6-month reporting period, 

if a performance test was conducted that 

deviated from any emission limitation, 

or if a 30-day average measured using a 

CEMS 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). 

§ 62.14715a What must I include in the 

deviation report? 

In each report required under 

§ 62.14710a, for any pollutant or 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the 

four items described in paragraphs (a) 

through (d) 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 the dates in paragraph (a) of this 

section; 

(c) Duration and causes of the 

following: 

(1) Each deviation from the emission 

limitations or operating limits and your 

corrective actions; and 

(2) Bypass events and your corrective 

actions. Include the calendar date and 

start time of the bypass event; and 

(d) A copy of the operating limit 

monitoring data during each deviation 

and, for any test report that documents 

the emission levels, the process unit(s) 

tested, the pollutant(s) tested and the 

date that the performance test was 

conducted. Submit, following the 

procedure specified in 

§ 62.14730a(b)(1), the performance test 

report no later than the date that you 

submit the deviation report. 

§ 62.14720a 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 two weeks or more, you 

must take the two actions in paragraphs 

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

(1) You must 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; and 

(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; 

and 

(iii) Request approval from the 

Administrator to continue operation of 

the CISWI. 

(b) If your unit was shut down by the 

Administrator, under the provisions of 

§ 62.14595a(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. 

§ 62.14725a Are there any other 

notifications or reports that I must submit? 

(a) Yes. You must submit notifications 

as provided by § 60.7 of this chapter. 

(b) If you cease combusting solid 

waste but continue to operate, you must 

provide 30 days prior notice of the 

effective date of the waste-to-fuel 

switch, consistent with § 62.14640a(a). 

The notification must identify: 

(1) The name of the owner or operator 

of the CISWI, the location of the source, 

the emissions unit(s) that will cease 

burning solid waste, and the date of the 

notice; 

(2) The currently applicable 

subcategory under this subpart, and any 

subpart and subcategory under 40 CFR 

part 63 that will be applicable after you 

cease combusting solid waste; 

(3) The fuel(s), non-waste material(s), 

and solid waste(s) the CISWI is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(4) The date on which you became 

subject to the currently applicable 

emission limits; and 

(5) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

(b)(2) and (3) of this section. 

§ 62.14730a In what form can I submit my 

reports? 

(a) Submit initial, annual, and 

deviation reports electronically or in 

paper format, postmarked on or before 

the submittal due dates. Beginning on 

January 10, 2025, or once the reporting 

form has been available in CEDRI for 1 

year, whichever is later, you must 

submit subsequent reports on or before 

the submittal dates to the EPA via the 

CEDRI, which can be accessed through 

the EPA’s Central Data Exchange (CDX) 

(https://cdx.epa.gov). Use the 

appropriate electronic report in CEDRI 

for this subpart or an alternate 

electronic file format consistent with the 

extensible markup language (XML) 

schema listed on the CEDRI website 

(https://www.epa.gov/electronicreporting-air-emissions/complianceand-emissions-data-reporting-interfacecedri). When the date forms become 

available in CEDRI, they will be listed 

on the CEDRI website. If the reporting 

form specific to this subpart is not 

available in CEDRI at the time that the 

report is due, submit the report to the 

Administrator at the appropriate 

address listed in § 60.4 of this chapter. 

Once the form has been available in 

CEDRI for 90 calendar days, you must 

begin submitting all subsequent reports 

via CEDRI. The reports must be 

submitted by the deadlines specified in 

this subpart, regardless of the method in 

which the report is submitted. 

(b) Submit results of each 

performance test and CEMS 

performance evaluation required by this 

subpart as follows: 


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(1) Within 60 days after the date of 

completing each performance test (see 

§ 60.8 of this chapter) required by this 

subpart, you must submit the results of 

the performance test following the 

procedure specified in either paragraph 

(b)(1)(i) or (ii) of this section: 

(i) For data collected using test 

methods supported by the EPA’s 

Electronic Reporting Tool (ERT) as 

listed on the EPA’s ERT website 

(https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) at the time of the test, 

you must submit the results of the 

performance test to the EPA via the 

CEDRI. CEDRI can be accessed through 

the EPA’s CDX (https://cdx.epa.gov). 

Performance test data must be submitted 

in a file format generated through the 

use of the EPA’s ERT or an alternate 

electronic file format consistent with the 

XML schema listed on the EPA’s ERT 

website. If you claim that some of the 

performance test information being 

submitted is confidential business 

information (CBI), you must submit a 

complete file generated through the use 

of the EPA’s ERT or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT 

website, including information claimed 

to be CBI, on a compact disc, flash 

drive, or other commonly used 

electronic storage media to the EPA. The 

electronic media must be clearly marked 

as CBI and mailed to U.S. EPA/OAQPS/ 

CORE CBI Office, Attention: Group 

Leader, Measurement Policy Group, MD 

C404–02, 4930 Old Page Rd., Durham, 

NC 27703. The same ERT or alternate 

file with the CBI omitted must be 

submitted to the EPA via the EPA’s CDX 

as described earlier in this paragraph 

(b)(1)(i); and 

(ii) For data collected using test 

methods that are not supported by the 

EPA’s ERT as listed on the EPA’s ERT 

website at the time of the test, you must 

submit the results of the performance 

test to the Administrator at the 

appropriate address listed in § 60.4 of 

this chapter. 

(2) Within 60 days after the date of 

completing each CEMS performance 

evaluation you must submit the results 

of the performance evaluation following 

the procedure specified in either 

paragraph (b)(2)(i) or (ii) of this section. 

In the situation where performance 

evaluations cover multiple days, the 

results may be submitted together up to 

60 days after all performance 

evaluations are completed. 

(i) For performance evaluations of 

continuous monitoring systems 

measuring RATA pollutants that are 

supported by the EPA’s ERT as listed on 

the EPA’s ERT website at the time of the 

evaluation, you must submit the results 

of the performance evaluation to the 

EPA via the CEDRI. CEDRI can be 

accessed through the EPA’s CDX. 

Performance evaluation data must be 

submitted in a file format generated 

through the use of the EPA’s ERT or an 

alternate file format consistent with the 

XML schema listed on the EPA’s ERT 

website. If you claim that some of the 

performance evaluation information 

being submitted is CBI, you must submit 

a complete file generated through the 

use of the EPA’s ERT or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT 

website, including information claimed 

to be CBI, on a compact disc, flash 

drive, or other commonly used 

electronic storage media to the EPA. The 

electronic storage media must be clearly 

marked as CBI and mailed to U.S. EPA/ 

OAQPS/CORE CBI Office, Attention: 

Group Leader, Measurement Policy 

Group, MD C404–02, 4930 Old Page Rd., 

Durham, NC 27703. The same ERT or 

alternate file with the CBI omitted must 

be submitted to the EPA via the EPA’s 

CDX as described earlier in this 

paragraph (b)(2)(i); and 

(ii) For any performance evaluations 

of continuous monitoring systems 

measuring RATA pollutants that are not 

supported by the EPA’s ERT as listed on 

the EPA’s ERT website at the time of the 

evaluation, you must submit the results 

of the performance evaluation to the 

Administrator at the appropriate 

address listed in § 60.4 of this chapter. 

(c) If you are required to electronically 

submit a report through the CEDRI in 

the EPA’s CDX, and due to a planned or 

actual outage of either the EPA’s CEDRI 

or CDX systems within the period of 

time beginning 5 business days prior to 

the date that the submission is due, you 

will be or are precluded from accessing 

CEDRI or CDX and submitting a 

required report within the time 

prescribed, you may assert a claim of 

EPA system outage for failure to timely 

comply with the reporting requirement. 

You must submit notification to the 

Administrator in writing as soon as 

possible following the date you first 

knew, or through due diligence should 

have known, that the event may cause 

or caused a delay in reporting. You must 

provide to the Administrator a written 

description identifying the date, time, 

and length of the outage; a rationale for 

attributing the delay in reporting 

beyond the regulatory deadline to the 

EPA system outage; describe the 

measures taken or to be taken to 

minimize the delay in reporting; and 

identify a date by which you propose to 

report, or if you have already met the 

reporting requirement at the time of the 

notification, the date you reported. In 

any circumstance, the report must be 

submitted electronically as soon as 

possible after the outage is resolved. The 

decision to accept the claim of EPA 

system outage and allow an extension to 

the reporting deadline is solely within 

the discretion of the Administrator. 

(d) If you are required to 

electronically submit a report through 

CEDRI in the EPA’s CDX and a force 

majeure event is about to occur, occurs, 

or has occurred or there are lingering 

effects from such an event within the 

period of time beginning 5 business 

days prior to the date the submission is 

due, the owner or operator may assert a 

claim of force majeure for failure to 

timely comply with the reporting 

requirement. For the purposes of this 

section, a force majeure event is defined 

as an event that will be or has been 

caused by circumstances beyond the 

control of the affected facility, its 

contractors, or any entity controlled by 

the affected facility that prevents you 

from complying with the requirement to 

submit a report electronically within the 

time period prescribed. Examples of 

such events are acts of nature (e.g., 

hurricanes, earthquakes, or floods), acts 

of war or terrorism, or equipment failure 

or safety hazard beyond the control of 

the affected facility (e.g., large scale 

power outage). If you intend to assert a 

claim of force majeure, you must submit 

notification to the Administrator in 

writing as soon as possible following the 

date you first knew, or through due 

diligence should have known, that the 

event may cause or caused a delay in 

reporting. You must provide to the 

Administrator a written description of 

the force majeure event and a rationale 

for attributing the delay in reporting 

beyond the regulatory deadline to the 

force majeure event; describe the 

measures taken or to be taken to 

minimize the delay in reporting; and 

identify a date by which you propose to 

report, or if you have already met the 

reporting requirement at the time of the 

notification, the date you reported. In 

any circumstance, the reporting must 

occur as soon as possible after the force 

majeure event occurs. The decision to 

accept the claim of force majeure and 

allow an extension to the reporting 

deadline is solely within the discretion 

of the Administrator. 

§ 62.14735a Can reporting dates be 

changed? 

If the Administrator agrees, you may 

change the semiannual or annual 

reporting dates. See § 60.19(c) of this 

chapter for procedures to seek approval 

to change your reporting date. 


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Air Curtain Incinerators (ACIs) 

§ 62.14740a What is an air curtain 

incinerator? 

(a) An ACI 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 

§ 62.14770a, this section, and 

§§ 62.14745a through 62.14765a: 

(1) One hundred (100) percent wood 

waste; 

(2) One hundred (100) percent clean 

lumber; and 

(3) One hundred (100) percent 

mixture of only wood waste, clean 

lumber, and/or yard waste. 

§ 62.14745a 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 this subpart, you 

must comply with the final standards in 

this subpart on January 10, 2025. 

(b) If you close your incinerator but 

will restart it after January 10, 2025, you 

must complete emission control retrofits 

and meet the emission limitations under 

this subpart on the date your incinerator 

restarts operation. 

§ 62.14750a What must I do if I plan to 

permanently close my air curtain 

incinerator and not restart it? 

If you plan to permanently close your 

incinerator rather than comply with this 

subpart, submit a closure notification, 

including the date of closure, to the 

Administrator no later than six months 

prior to the date your operation will 

cease. The closure date cannot be later 

than January 10, 2025, for sources that 

will not operate on and after the 

compliance date under this subpart. In 

addition, while still in operation, your 

air curtain incinerator is subject to the 

same requirement to apply for and 

obtain an operating permit under title V 

of the Clean Air Act that applies to an 

air curtain incinerator that will not be 

permanently closing. 

§ 62.14755a What are the emission 

limitations for air curtain incinerators? 

After the date the initial test for 

opacity is required or completed 

(whichever is earlier), you must meet 

the limitations in paragraphs (a) and (b) 

of this section. 

(a) Maintain opacity to less than or 

equal to 10 percent opacity (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values), except as 

described in paragraph (b) of this 

section. 

(b) Maintain opacity to less than or 

equal to 35 percent opacity (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values) during the 

startup period that is within the first 30 

minutes of operation. 

§ 62.14760a How must I monitor opacity 

for air curtain incinerators? 

(a) Use Method 9 of 40 CFR part 60, 

appendix A–4, to determine compliance 

with the opacity limitation. 

(b) Conduct an initial test for opacity 

as specified in § 60.8 of this chapter no 

later than 180 days after your final 

compliance date under this subpart. 

(c) After the initial test for opacity, 

conduct annual tests no more than 12 

calendar months following the date of 

your previous test. 

§ 62.14765a 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 ACI; and 

(2) The results (as determined by the 

average of three 1-hour blocks 

consisting of ten 6-minute average 

opacity values) 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. 

Title V Requirements 

§ 62.14770a Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

Yes. Each CISWI and ACI subject to 

standards under this subpart must 

operate pursuant to a permit issued 

under section 129(e) and title V of the 

Clean Air Act. 

Delegation of Authority 

§ 62.14775a What authorities are withheld 

by the EPA Administrator? 

The following authorities are 

withheld by the EPA Administrator and 

not transferred to the state or tribe: 

(a) Approval of alternatives to the 

emission limitations in tables 4 through 

7 to this subpart and operating limits 

established under § 62.14605a and table 

1 to this subpart. 

(b) Approval of petitions submitted 

pursuant to the requirements of 

§ 62.14610a establishing operating 

parameters when using controls other 

than a wet scrubber, fabric filter, 

activated carbon injection, selective 

noncatalytic reduction, or a dry 

scrubber to comply with the emission 

limitations in tables 4 through 7 to this 

subpart. 

(c) Approval of major alternatives to 

test methods established under 

§ 62.14615a and tables 4 through 7 to 

this subpart. 

(d) Approval of major alternatives to 

monitoring requirements established 

under §§ 62.14665a and 62.14575a and 

table 1 to this subpart. 

(e) Approval of major alternatives to 

recordkeeping and reporting 

requirements of this subpart. 

(f) Approval of an alternative to any 

electronic reporting to the EPA required 

by this subpart. 

(g) Approval of requests submitted 

pursuant to the requirements in 

§ 62.14595a(b)(2). 

(h) Approval of alternative opacity 

emission limits in § 62.14600a under 

§ 60.11(e)(6) through (8) of this chapter. 

(i) Performance test and data 

reduction waivers under § 62.14615a(j) 

and § 60.8(b)(4) and (5) of this chapter. 

(j) Determination of whether a 

qualifying small power production 

facility or cogeneration facility under 

§ 62.14530a(d) or (e) is combusting 

homogeneous waste. 

Definitions 

§ 62.14780a What definitions must I know? 

Terms used but not defined in this 

subpart are defined in the Clean Air Act, 

40 CFR part 60, subparts A and B, and 

subpart A of this part. 

30-day rolling average means the 

arithmetic mean of the previous 720 

hours of valid operating data. Valid data 

excludes periods when this unit is not 

operating. The 720 hours should be 

consecutive, but not necessarily 

continuous if operations are 

intermittent. 


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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 (ACI) 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 different from conventional 

combustion devices which typically 

have enclosed fireboxes and controlled 

air technology such as mass burn, 

modular, and fluidized bed combustors. 

Annual heat input means the heat 

input for the 12 months preceding the 

compliance demonstration. 

Auxiliary fuel means natural gas, 

liquefied petroleum gas, fuel oil, or 

diesel fuel. 

Average annual heat input rate means 

annual heat input divided by the hours 

of operation for the 12 months 

preceding the compliance 

demonstration. 

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. 

Burn-off oven means any rack 

reclamation unit, part reclamation unit, 

or drum reclamation unit. A burn-off 

oven is not an incinerator, wasteburning kiln, an energy recovery unit or 

a small, remote incinerator under this 

subpart. 

Bypass stack means a device used for 

discharging combustion gases to avoid 

severe damage to the air pollution 

control device or other equipment. 

Calendar quarter means 3 consecutive 

months (non-overlapping) 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. 

CEMS data during startup and 

shutdown means the following: 

(1) For incinerators and small, remote 

incinerators: CEMS data collected 

during the first hours of operation of a 

CISWI startup from a cold start until 

waste is fed into the unit and the hours 

of operation following the cessation of 

waste material being fed to the CISWI 

during a unit shutdown. For each 

startup event, the length of time that 

CEMS data may be claimed as being 

CEMS data during startup must be 48 

operating hours or less. For each 

shutdown event, the length of time that 

CEMS data may be claimed as being 

CEMS data during shutdown must be 24 

operating hours or less; 

(2) For energy recovery units: CEMS 

data collected during the startup or 

shutdown periods of operation. Startup 

begins with either the first-ever firing of 

fuel in a boiler or process heater for the 

purpose of supplying useful thermal 

energy (such as steam or heat) for 

heating, cooling, or process purposes, or 

producing electricity, or the firing of 

fuel in a boiler or process heater for any 

purpose after a shutdown event. Startup 

ends four hours after when the boiler or 

process heater makes useful thermal 

energy (such as heat or steam) for 

heating, cooling, or process purposes, or 

generates electricity, whichever is 

earlier. Shutdown begins when the 

boiler or process heater no longer makes 

useful thermal energy (such as heat or 

steam) for heating, cooling, or process 

purposes and/or generates electricity or 

when no fuel is being fed to the boiler 

or process heater, whichever is earlier. 

Shutdown ends when the boiler or 

process heater no longer makes useful 

thermal energy (such as steam or heat) 

for heating, cooling, or process purposes 

and/or generates electricity, and no fuel 

is being combusted in the boiler or 

process heater; and 

(3) For waste-burning kilns: CEMS 

data collected during the periods of kiln 

operation that do not include normal 

operations. Startup means the time from 

when a shutdown kiln first begins firing 

fuel until it begins producing clinker. 

Startup begins when a shutdown kiln 

turns on the induced draft fan and 

begins firing fuel in the main burner. 

Startup ends when feed is being 

continuously introduced into the kiln 

for at least 120 minutes or when the 

feed rate exceeds 60 percent of the kiln 

design limitation rate, whichever occurs 

first. Shutdown means the cessation of 

kiln operation. Shutdown begins when 

feed to the kiln is halted and ends when 

continuous kiln rotation ceases. 

Chemical recovery unit means 

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. A chemical 

recovery unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit, or a small, remote incinerator 

under this subpart. The following seven 

types of units 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/residue containing 

catalyst metals that 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; and 

(7) Units burning only photographic 

film to recover silver. 

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 unit (CISWI) means 

any distinct operating unit of any 

commercial or industrial facility that 

combusts, or has combusted in the 

preceding 6 months, any solid waste as 

that term is defined in 40 CFR part 241. 

If the operating unit burns materials 

other than traditional fuels as defined in 

§ 241.2 of this chapter that have been 

discarded, and you do not keep and 

produce records as required by 

§ 62.14675a(s), the operating unit is a 

CISWI. While not all CISWI will include 

all of the following components, a 

CISWI includes, but is not limited to, 

the solid waste feed system, grate 

system, flue gas system, waste heat 

recovery equipment, if any, and bottom 

ash system. The CISWI does not include 

air pollution control equipment or the 


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stack. The CISWI boundary starts at the 

solid waste hopper (if applicable) and 

extends through two areas: The 

combustion unit flue gas system, which 

ends immediately after the last 

combustion chamber or after the waste 

heat recovery equipment, if any; and the 

combustion unit bottom ash system, 

which ends at the truck loading station 

or similar equipment that transfers the 

ash to final disposal. The CISWI 

includes all ash handling systems 

connected to the bottom ash handling 

system. 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system (CEMS) means the total 

equipment that may be required to meet 

the data acquisition and availability 

requirements of this subpart, used to 

sample, condition (if applicable), 

analyze, and provide a record of 

emissions. 

Continuous monitoring system (CMS) 

means the total equipment, required 

under the emission monitoring sections 

in applicable subparts, used to sample 

and condition (if applicable), to analyze, 

and to provide a permanent record of 

emissions or process parameters. A 

particulate matter continuous parameter 

monitoring system (PM CPMS) is a type 

of CMS. 

Cyclonic burn barrel 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. A cyclonic burn barrel is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

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; and 

(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. 

Dioxins/furans means tetra-through 

octa-chlorinated 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. 

Dry scrubber means an add-on air 

pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react 

with and neutralize acid gas in the 

exhaust stream forming a dry powder 

material. Sorbent injection systems in 

fluidized bed boilers and process 

heaters are included in this definition. 

A dry scrubber is a dry control system. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

Energy recovery unit means a 

combustion unit combusting solid waste 

(as defined by the Administrator in 40 

CFR part 241) for energy recovery. 

Energy recovery units include units that 

would be considered boilers and 

process heaters if they did not combust 

solid waste. 

Energy recovery unit designed to burn 

biomass (biomass) means an energy 

recovery unit that burns solid waste, 

biomass, and non-coal solid materials 

but less than 10 percent coal, on a heat 

input basis on an annual average, either 

alone or in combination with liquid 

waste, liquid fuel or gaseous fuels. 

Energy recovery unit designed to burn 

coal (coal) means an energy recovery 

unit that burns solid waste and at least 

10 percent coal on a heat input basis on 

an annual average, either alone or in 

combination with liquid waste, liquid 

fuel or gaseous fuels. 

Energy recovery unit designed to burn 

liquid waste materials and gas (liquid/ 

gas) means an energy recovery unit that 

burns a liquid waste with liquid or 

gaseous fuels not combined with any 

solid fuel or waste materials. 

Energy recovery unit designed to burn 

solid materials (solids) includes energy 

recovery units designed to burn coal 

and energy recovery units designed to 

burn biomass. 

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. 

Foundry sand thermal reclamation 

unit means a type of part reclamation 

unit that removes coatings that are on 

foundry sand. A foundry sand thermal 

reclamation unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Incinerator means any furnace used in 

the process of combusting solid waste 

(as defined by the Administrator in 40 

CFR part 241) for the purpose of 

reducing the volume of the waste by 

removing combustible matter. 

Incinerator designs include single 

chamber and two-chamber. 

In-line coal mill means those coal 

mills using kiln exhaust gases in their 

process. Coal mills with a heat source 

other than the kiln or coal mills using 

exhaust gases from the clinker cooler 

alone are not an in-line coal mill. 

In-line kiln/raw mill means a system 

in a Portland Cement production 

process where a dry kiln system is 

integrated with the raw mill so that all 

or a portion of the kiln exhaust gases are 

used to perform the drying operation of 

the raw mill, with no auxiliary heat 

source used. In this system the kiln is 

capable of operating without the raw 

mill operating, but the raw mill cannot 

operate without the kiln gases, and 

consequently, the raw mill does not 

generate a separate exhaust gas stream. 

Kiln means an oven or furnace, 

including any associated preheater or 

precalciner devices, in-line raw mills, 

in-line coal mills, or alkali bypasses 

used for processing a substance by 

burning, firing, or drying. Kilns include 

cement kilns that produce clinker by 

heating limestone and other materials 

for subsequent production of Portland 

Cement. Because the alkali bypass, inline raw mill, and in-line coal mill are 

considered an integral part of the kiln, 

the kiln emissions limits also apply to 

the exhaust of the alkali bypass, in-line 

raw mill, and in-line coal mill. 

Laboratory analysis unit means units 

that burn samples of materials for the 

purpose of chemical or physical 

analysis. A laboratory analysis unit is 

not an incinerator, waste-burning kiln, 

an energy recovery unit or a small, 

remote incinerator under this subpart. 

Load fraction means the actual heat 

input of an energy recovery unit divided 

by heat input during the performance 

test that established the minimum 

sorbent injection rate or minimum 

activated carbon injection rate, 

expressed as a fraction (e.g., for 50 

percent load the load fraction is 0.5). 

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 


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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. 

Minimum voltage or amperage means 

90 percent of the lowest test-run average 

voltage or amperage to the electrostatic 

precipitator measured during the most 

recent particulate matter or mercury 

performance test demonstrating 

compliance with the applicable 

emission limits. 

Modification or modified CISWI 

means a CISWI you have changed later 

than August 7, 2013, 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 (not including 

the cost of land) updated to current 

costs (current dollars). To determine 

what systems are within the boundary 

of the CISWI used to calculate these 

costs, see the definition of CISWI; and 

(2) Any physical change in the CISWI 

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. 

Municipal solid waste or municipaltype solid waste means household, 

commercial/retail, or institutional 

waste. Household waste includes 

material discarded by residential 

dwellings, hotels, motels, and other 

similar permanent or temporary 

housing. Commercial/retail waste 

includes material discarded by stores, 

offices, restaurants, warehouses, 

nonmanufacturing activities at 

industrial facilities, and other similar 

establishments or facilities. Institutional 

waste includes materials discarded by 

schools, by hospitals (nonmedical), by 

nonmanufacturing activities at prisons 

and government facilities, and other 

similar establishments or facilities. 

Household, commercial/retail, and 

institutional waste does include yard 

waste and refuse-derived fuel. 

Household, commercial/retail, and 

institutional waste does not include 

used oil; sewage sludge; wood pallets; 

construction, renovation, and 

demolition wastes (which include 

railroad ties and telephone poles); clean 

wood; industrial process or 

manufacturing wastes; medical waste; or 

motor vehicles (including motor vehicle 

parts or vehicle fluff). 

Opacity means the degree to which 

emissions reduce the transmission of 

light and obscure the view of an object 

in the background. 

Operating day means a 24-hour 

period between 12 midnight and the 

following midnight during which any 

amount of solid waste is combusted at 

any time in the CISWI. 

Oxygen analyzer system means all 

equipment required to determine the 

oxygen content of a gas stream and used 

to monitor oxygen in the boiler or 

process heater flue gas, boiler/process 

heater, firebox, or other appropriate 

location. This definition includes 

oxygen trim systems and certified 

oxygen CEMS. The source owner or 

operator is responsible to install, 

calibrate, maintain, and operate the 

oxygen analyzer system in accordance 

with the manufacturer’s 

recommendations. 

Oxygen trim system means a system of 

monitors that is used to maintain excess 

air at the desired level in a combustion 

device over its operating range. A 

typical system consists of a flue gas 

oxygen and/or carbon monoxide 

monitor that automatically provides a 

feedback signal to the combustion air 

controller or draft controller. 

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 

as measured by Method 5 of 40 CFR part 

60, appendix A–3, or Method 29 of 40 

CFR part 60, appendix A–8. 

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). 

Performance evaluation means the 

conduct of relative accuracy testing, 

calibration error testing, and other 

measurements used in validating the 

continuous monitoring system data. 

Performance test means the collection 

of data resulting from the execution of 

a test method (usually three emission 

test runs) used to demonstrate 

compliance with a relevant emission 

standard as specified in the performance 

test section of the relevant standard. 

Process change means any of the 

following physical or operational 

changes: 

(1) A physical change (maintenance 

activities excluded) to the CISWI which 

may increase the emission rate of any 

air pollutant to which a standard 

applies; 

(2) An operational change to the 

CISWI where a new type of nonhazardous secondary material is being 

combusted; 

(3) A physical change (maintenance 

activities excluded) to the air pollution 

control devices used to comply with the 

emission limits for the CISWI (e.g., 

replacing an electrostatic precipitator 

with a fabric filter); and 

(4) An operational change to the air 

pollution control devices used to 

comply with the emission limits for the 

affected CISWI (e.g., change in the 

sorbent injection rate used for activated 

carbon injection). 

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. 

Raw mill means a ball or tube mill, 

vertical roller mill, or other size 

reduction equipment, that is not part of 

an in-line kiln/raw mill, used to grind 

feed to the appropriate size. Moisture 

may be added or removed from the feed 

during the grinding operation. If the raw 

mill is used to remove moisture from 

feed materials, it is also, by definition, 

a raw material dryer. The raw mill also 

includes the air separator associated 

with the raw mill. 

Reconstruction means rebuilding a 

CISWI and meeting two criteria: 

(1) The reconstruction begins on or 

after August 7, 2013; and 

(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 (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the CISWI used 

to calculate these costs, see the 

definition of CISWI. 

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; and 

(2) Pelletized refuse-derived fuel. 

Responsible official means one of the 

following: 

(1) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is responsible for the 

overall operation of one or more 

manufacturing, production, or operating 

facilities applying for or subject to a 

permit and either: 


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(i) The facilities employ more than 

250 persons or have gross annual sales 

or expenditures exceeding $25 million 

(in second quarter 1980 dollars); or 

(ii) The delegation of authority to 

such representatives is approved in 

advance by the permitting authority; 

(2) For a partnership or sole 

proprietorship: A general partner or the 

proprietor, respectively; 

(3) For a municipality, state, Federal, 

or other public agency: Either a 

principal executive officer or ranking 

elected official. For the purposes of this 

subpart, a principal executive officer of 

a Federal agency includes the chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency (e.g., a 

Regional Administrator of EPA); or 

(4) For affected facilities: 

(i) The designated representative 

insofar as actions, standards, 

requirements, or prohibitions under title 

IV of the Clean Air Act or 40 CFR parts 

72 through 78 are concerned; or 

(ii) The designated representative for 

any other purposes under 40 CFR part 

60. 

Shutdown means, for incinerators and 

small, remote incinerators, the period of 

time after all waste has been combusted 

in the primary chamber. 

Small, remote incinerator means an 

incinerator that combusts solid waste 

(as defined by the Administrator in 40 

CFR part 241) and combusts 3 tons per 

day or less solid waste and is more than 

25 miles driving distance to the nearest 

municipal solid waste landfill. 

Soil treatment unit means a unit that 

thermally treats petroleumcontaminated soils for the sole purpose 

of site remediation. A soil treatment 

unit may be direct-fired or indirect 

fired. A soil treatment unit is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Solid waste means the term solid 

waste as defined in § 241.2 of this 

chapter. 

Solid waste incineration unit means a 

distinct operating unit of any facility 

which combusts any solid waste (as 

defined by the Administrator in 40 CFR 

part 241) material from commercial or 

industrial establishments or the general 

public (including single and multiple 

residences, hotels, and motels). This 

definition does not include incinerators 

or other units required to have a permit 

under section 3005 of the Solid Waste 

Disposal Act. The term ‘‘solid waste 

incineration unit’’ does not include: 

(1) Materials recovery facilities 

(including primary or secondary 

smelters) which combust waste for the 

primary purpose of recovering metals; 

(2) Qualifying small power 

production facilities, as defined in 

section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 769(17)(C)), or qualifying 

cogeneration facilities, as defined in 

section 3(18)(B) of the Federal Power 

Act (16 U.S.C. 796(18)(B)), which burn 

homogeneous waste (such as units 

which burn tires or used oil, but not 

including refuse-derived fuel) for the 

production of electric energy or in the 

case of qualifying cogeneration facilities 

which burn homogeneous waste for the 

production of electric energy and steam 

or forms of useful energy (such as heat) 

which are used for industrial, 

commercial, heating or cooling 

purposes; or 

(3) Air curtain incinerators provided 

that such incinerators only burn wood 

wastes, yard wastes, and clean lumber 

and that such air curtain incinerators 

comply with opacity limitations to be 

established by the Administrator by 

rule. 

Space heater means a unit that meets 

the requirements of § 279.23 of this 

chapter. A space heater is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

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, for incinerators 

and small, remote incinerators, the 

period of time between the activation of 

the system and the first charge to the 

unit. 

Useful Thermal Energy means energy 

(i.e., steam, hot water, or process heat) 

that meets the minimum operating 

temperature and/or pressure required by 

any energy use system that uses energy 

provided by the affected energy 

recovery unit. 

Waste-burning kiln means a kiln that 

is heated, in whole or in part, by 

combusting solid waste (as defined by 

the Administrator in 40 CFR part 241). 

Secondary materials used in Portland 

cement kilns shall not be deemed to be 

combusted unless they are introduced 

into the flame zone in the hot end of the 

kiln or mixed with the precalciner fuel. 

Wet scrubber means an add-on air 

pollution control device that utilizes an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

non-vaporous 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; or 

(3) Clean lumber. 

TABLE 1 TO SUBPART IIIA OF PART 62—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 ......... 1. Daily (batch units) 

2. 3-hour rolling (continuous and 

intermittent units) 1. 

Pressure drop across the wet scrubber or 

amperage to wet scrubber.

Minimum pressure 

drop or amperage.

Continuous ......... Every 15 minutes 3-hour rolling 1. 

Scrubber liquor flow rate ................................ Minimum flow rate .... Continuous ......... Every 15 minutes 3-hour rolling 1. 

Scrubber liquor pH ......................................... Minimum pH .............. Continuous ......... Every 15 minutes 3-hour rolling 1. 

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


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TABLE 2 TO SUBPART IIIA OF PART 62—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 3 TO SUBPART IIIA OF PART 62—SUMMARY OF REPORTING REQUIREMENTS 1

Report Due date Contents Reference 

A. Waste Management Plan.No later than January 

10, 2025, or the 

date you recommence burning 

solid waste, whichever is later.

Waste management plan ............................................................... § 62.14690a. 

B. Initial Test Report .. No later than 60 days 

following the initial 

performance test.

1. Complete test report for the initial performance test .................

2. The values for the site-specific operating limits. 

3. Installation of bag leak detection systems for fabric filters. 

§ 62.14695a. 

C. 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.

1. Name and address .....................................................................

2. Statement and signature by responsible official. 

3. Date of report. 

4. Values for the operating limits. 

5. Highest recorded 3-hour average and the lowest 3-hour average, as applicable, (or 30-day average, if applicable) for each 

operating parameter recorded for the calendar year being reported. 

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

7. If a performance test was not conducted during the reporting 

period, a statement that the requirements of § 62.14655a(a) 

were met. 

8. Documentation of periods when all qualified CISWI operators 

were unavailable for more than 8 hours but less than 2 weeks. 

9. If you are conducting performance tests once every 3 years 

consistent with § 62.14655a(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in 

the last 2 performancetests to the 75 percent emission limit 

threshold required in § 62.14655a(a) and a statement as to 

whether there have been any operational changes since the 

last performance test that could increase emissions. 

10. Any malfunction, deviation, or continuous monitoring system 

out of control periods information as specified in 

§ 62.14705a(k) through (o). 

11. Fuel input information for energy recovery unit subcategory 

verification as specified in § 62.14705a(p). 

§§ 62.14700a and 

62.14705a. Subsequent 

reports are to be submitted no more than 12 

months following the previous report. 

D. 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.

1. Dates and times of deviations ....................................................

2. Averaged and recorded data for these dates. 

3. Duration and causes for each deviation and the corrective actions taken. 

4. Copy of operating limit monitoring data and any test reports. 

5. Dates, times, and causes for monitor downtime incidents. 

§§ 62.14710a and 

62.14715a. 


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TABLE 3 TO SUBPART IIIA OF PART 62—SUMMARY OF REPORTING REQUIREMENTS 1—Continued 

Report Due date Contents Reference 

E. Qualified Operator 

Deviation Notification.

Within 10 days of deviation.1. Statement of cause of deviation ................................................

2. Description of efforts to have an accessible qualified operator. 

3. The date a qualified operator will be accessible. 

§ 62.14720a(a)(1) 

F. Qualified Operator 

Deviation Status 

Report.

Every 4 weeks following deviation.1. Description of efforts to have an accessible qualified operator

2. The date a qualified operator will be accessible. 

3. Request for approval to continue operation. 

§ 62.14720a(a)(2). 

G. Qualified Operator 

Deviation Notification of Resumed 

Operation.

Prior to resuming operation.Notification that you are resuming operation ................................. § 62.14720a(b). 

1This table is only a summary, see the referenced sections of this part for the complete requirements. 

TABLE 4 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND

AFTER JANUARY 10, 2025 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using this 

method 2

Cadmium ..................... 0.0026 milligrams per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 

2 dry standard cubic meters).

Performance test (Method 29 of appendix A– 

8 to 40 CFR part 60). Use inductively coupled plasma mass spectrometry (ICPMS) 

for the analytical finish. 

Carbon monoxide ........ 17 parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 of appendix A– 

4 to 40 CFR part 60). 

Dioxins/furans (total 

mass basis).

4.6 nanograms per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

2 dry standard cubic meters).

Performance test (Method 23 of appendix A– 

7 to 40 CFR part 60). 

Dioxins/furans (toxic 

equivalency basis).

0.13 nanograms per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 

2 dry standard cubic meters).

Performance test (Method 23 of appendix A– 

7 to 40 CFR part 60). 

Hydrogen chloride ....... 29 parts per million 

dry volume.

3-run average (for Method 26 of appendix A– 

8 to 40 CFR part 60, collect a minimum 

volume of 60 liters per run; for Method 26A 

of appendix A–8 to 40 CFR part 60, collect 

a minimum volume of 1 dry standard cubic 

meter per run).

Performance test (Method 26 or 26A of appendix A–8 to 40 CFR part 60). 

Lead ............................. 0.015 milligrams per 

dry standard cubic 

meter 2.

3-run average (collect a minimum volume of 

2 dry standard cubic meters).

Performance test (Method 29 of appendix A– 

8 to 40 CFR part 60). Use ICPMS for the 

analytical finish. 

Mercury ........................ 0.0048 milligrams per 

dry standard cubic 

meter.

3-run average (for Method 29 of appendix A– 

8 to 40 CFR part 60 an ASTM D6784–24,3

collect a minimum volume of 2 dry standard cubic meters per run; for Method 30B 

of appendix A–8 to 40 CFR part 60, collect 

a minimum sample as specified in Method 

30B).

Performance test (Method 29 or 30B of appendix A–8 to 40 CFR part 60) or ASTM 

D6784–24.3 4

Nitrogen oxides ........... 53 parts per million 

dry volume.

3-run average (for Method 7E of appendix A– 

4 to 40 CFR part 60, 1 hour minimum sample time per run).

Performance test (Method 7 or 7E of appendix A–4 to 40 CFR part 60). 

Particulate matter filterable.34 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meter).

Performance test (Method 5 of appendix A–3 

to 40 CFR part 60 or Method 29 of appendix A–8 to 40 CFR part 60). 

Sulfur dioxide ............... 11 parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 6 or 6c of appendix A–4 to 40 CFR part 60) or ANSI/ASME 

PTC–19.10–1981.3 5

Fugitive ash ................. Visible emissions for 

no more than 5% of 

the hourly observation period.

Three 1-hour observation periods .................. Visible emission test (Method 22 of appendix 

A–7 to 40 CFR part 60). 

1All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and 

continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements 

applicable to the specific pollutant in §§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent 

trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic 

average emission concentrations. 3The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You 

may obtain a copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, 

https://www.epa.gov. You may inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of 

this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. 


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100134 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

4ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 

Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West 

Conshohocken, PA 19428–2959; (Phone: 1–877–909–2786; website: https://www.astm.org/). 5ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; website: https://www.asme.org/). 

TABLE 5 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY

UNITS AFTER JANUARY 10, 2025 

For the air pollutant 

You must meet this emission limitation 1

Using this averaging time 2 And determining compliance using this 

method 2

Liquid/gas Solids 

Cadmium ................ 0.023 milligrams 

per dry standard 

cubic meter.

Biomass—0.0014 milligrams per dry 

standard cubic meter. Coal—0.0017 

milligrams per dry standard cubic 

meter.

3-run average (collect a minimum volume of 2 dry standard cubic meters).Performance test (Method 29 of appendix A–8 to 40 CFR part 60). Use 

ICPMS for the analytical finish. 

Carbon monoxide .. 35 parts per million 

dry volume.

Biomass—260 parts per million dry 

volume. Coal—95 parts per million 

dry volume.

3-run average (1 hour minimum sample time per run).Performance test (Method 10 of appendix A–4 to 40 CFR part 60). 

Dioxins/furans (total 

mass basis).

2.9 nanograms per 

dry standard 

cubic meter.

Biomass—0.52 nanograms per dry 

standard cubic meter.2 Coal—5.1 

nanograms per dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meter).Performance test (Method 23 of appendix A–7 to 40 CFR part 60). 

Dioxins/furans (toxic 

equivalency 

basis).

0.32 nanograms 

per dry standard 

cubic meter.

Biomass—0.12 nanograms per dry 

standard cubic meter. Coal—0.075 

nanograms per dry standard cubic 

meter.2

3-run average (collect a minimum volume of 4 dry standard cubic meters).Performance test (Method 23 of appendix A–7 to 40 CFR part 60). 

Hydrogen chloride .. 14 parts per million 

dry volume.

Biomass—0.20 parts per million dry 

volume. Coal—58 parts per million 

dry volume.

3-run average (for Method 26 of appendix A–8 to 40 CFR part 60, collect a minimum of 120 liters; for 

Method 26A of appendix A–8 to 40 

CFR part 60, collect a minimum volume of 1 dry standard cubic meter).

Performance test (Method 26 or 26A 

of appendix A–8 to 40 CFR part 60). 

Lead ....................... 0.096 milligrams 

per dry standard 

cubic meter.

Biomass—0.014 milligrams per dry 

standard cubic meter.2 Coal—0.057 

milligrams per dry standard cubic 

meter.

3-run average (collect a minimum volume of 2 dry standard cubic meters).Performance test (Method 29 of appendix A–8 to 40 CFR part 60). Use 

ICPMS for the analytical finish. 

Mercury .................. 0.0024 milligrams 

per dry standard 

cubic meter.

Biomass—0.0022 milligrams per dry 

standard cubic meter. Coal—0.013 

milligrams per dry standard cubic 

meter.

3-run average (for Method 29 of appendix A–8 to 40 CFR part 60 and 

ASTM D6784–24,3 collect a minimum volume of 2 dry standard 

cubic meters per run; for Method 

30B of appendix A–8 to 40 CFR part 

60, collect a minimum sample as 

specified in Method 30B).

Performance test (Method 29 or 30B 

of appendix A–8 to 40 CFR part 60) 

or ASTM D6784–24.3 4

Nitrogen oxides ...... 76 parts per million 

dry volume.

Biomass—290 parts per million dry 

volume. Coal—460 parts per million 

dry volume.

3-run average (for Method 7E of appendix A–4 to 40 CFR part 60, 1 

hour minimum sample time per run).

Performance test (Method 7 or 7E of 

appendix A–4 to 40 CFR part 60). 

Particulate matter 

filterable.

110 milligrams per 

dry standard 

cubic meter.

Biomass—11 milligrams per dry standard cubic meter. Coal—130 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 1 dry standard cubic meter).Performance test (Method 5 of appendix A–3 to 40 CFR part 60 or Method 29 of appendix A–8 to 40 CFR 

part 60) if the unit has an annual average heat input rate less than or 

equal to 250 MMBtu/hr; or PM 

CPMS (as specified in 

§ 62.14670(x)) if the unit has an annual average heat input rate greater 

than 250 MMBtu/hr. 

Sulfur dioxide ......... 720 parts per million dry volume.Biomass—7.3 parts per million dry volume. Coal—850 parts per million dry 

volume.

3-run average (1 hour minimum sample time per run).Performance test (Method 6 or 6c of 

appendix A–4 to 40 CFR part 60); or 

ANSI/ASME PTC–19.10–1981.3 5

Fugitive ash ........... Visible emissions 

for no more than 

5 percent of the 

hourly observation period.

Visible emissions for no more than 5 

percent of the hourly observation 

period.

Three 1-hour observation periods ....... Visible emission test (Method 22 of 

appendix A–7 to 40 CFR part 60). 

1All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an 

emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from 

the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, https://www.epa.gov. You may inspect a copy 

at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://

www.archives.gov/federal-register/cfr/ibr-locations.html. 4ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources 

(Ontario Hydro Method), [approved March 1, 2024]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959; 

(Phone: 1–877–909–2786; website: https://www.astm.org/). 5ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Two 

Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; website: https://www.asme.org/). 


lotter on DSK11XQN23PROD with RULES2
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 100135 

TABLE 6 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING KILNS

AFTER JANUARY 10, 2025 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using this 

method 2 3

Cadmium ..................... 0.0014 milligrams per 

dry standard cubic 

meter 2.

3-run average (collect a minimum volume of 

2 dry standard cubic meters).

Performance test (Method 29 of appendix A– 

8 to 40 CFR part 60). 

Carbon monoxide ........ 110 (long kilns)/790 

(preheater/ 

precalciner) parts 

per million dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 of appendix A– 

4 to 40 CFR part 60). 

Dioxins/furans (total 

mass basis).

1.3 nanograms per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

4 dry standard cubic meters).

Performance test (Method 23 of appendix A– 

7 to 40 CFR part 60). 

Dioxins/furans (toxic 

equivalency basis).

0.075 nanograms per 

dry standard cubic 

meter 2.

3-run average (collect a minimum volume of 

4 dry standard cubic meters).

Performance test (Method 23 of appendix A– 

7 to 40 CFR part 60). 

Hydrogen chloride ....... 3.0 parts per million 

dry volume 2.

3-run average (collect a minimum volume of 

1 dry standard cubic meter) or 30-day rolling average if HCl CEMS is being used.

If a wet scrubber or dry scrubber is used, 

performance test (Method 321 of appendix 

A to 40 CFR part 63). If a wet scrubber or 

dry scrubber is not used, HCl CEMS as 

specified in § 62.14670(j). 

Lead ............................. 0.014 milligrams per 

dry standard cubic 

meter 2.

3-run average (collect a minimum volume of 

2 dry standard cubic meters).

Performance test (Method 29 of appendix A– 

8 to 40 CFR part 60). 

Mercury ........................ 0.011 milligrams per 

dry standard cubic 

meter.

Or 

58 pounds/million tons 

of clinker.

30-day rolling average .................................... Mercury CEMS or integrated sorbent trap 

monitoring system (performance specification 12A or 12B, respectively, of appendix 

B to 40 CFR part 60 and procedure 5 of 

appendix F to 40 CFR part 60), as specified in § 62.14670(j). 

Nitrogen oxides ........... 630 parts per million 

dry volume.

3-run average (for Method 7E of appendix A– 

4 to 40 CFR part 60, 1 hour minimum sample time per run).

Performance test (Method 7 or 7E of appendix A–4 to 40 CFR part 60). 

Particulate matter filterable.13.5 milligrams per dry 

standard cubic 

meter.

30-day rolling average .................................... PM CPMS (as specified in § 62.14670(x)). 

Sulfur dioxide ............... 600 parts per million 

dry volume.

3-run average (for Method 6 of appendix A–4 

to 40 CFR part 60, collect a minimum of 20 

liters; for Method 6C of appendix A–4 to 40 

CFR part 60, 1 hour minimum sample time 

per run).

Performance test (Method 6 or 6c of appendix A–4 to 40 CFR part 60) or ANSI/ASME 

PTC–19.10–1981.4

1All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency 

basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and 

continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements 

applicable to the specific pollutant in §§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent 

trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic 

average emission concentrations. 3Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in § 62.14640a(y)(3). They are not subject to 

the CEMS, integrated sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust. 4ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] is incorporated by reference into this 

section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the U.S. Environmental Protection Agency (EPA) and at the National Archives and Records Administration (NARA). Contact the EPA at: 

1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, https://www.epa.gov. For information on the availability of this material 

at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. This material may be obtained from the 

American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990; phone: 1–800–843–2763; website: https://

www.asme.org/). 

TABLE 7 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE

INCINERATORS AFTER JANUARY 10, 2025 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using this 

method 2

Cadmium ..................... 0.95 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters per run).

Performance test (Method 29 of appendix A– 

8 to 40 CFR part 60). 

Carbon monoxide ........ 64 parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 of appendix A– 

4 to 40 CFR part 60). 


lotter on DSK11XQN23PROD with RULES2
100136 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations 

TABLE 7 TO SUBPART IIIA OF PART 62—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE

INCINERATORS AFTER JANUARY 10, 2025—Continued 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using this 

method 2

Dioxins/furans (total 

mass basis).

4,400 nanograms per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters per run).

Performance test (Method 23 of appendix A– 

7 to 40 CFR part 60). 

Dioxins/furans (toxic 

equivalency basis).

180 nanograms per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters).

Performance test (Method 23 of appendix A– 

7 to 40 CFR part 60). 

Fugitive ash ................. Visible emissions for 

no more than 5 percent of the hourly 

observation period.

Three 1-hour observation periods .................. Visible emissions test (Method 22 of appendix A–7 to 40 CFR part 60). 

Hydrogen chloride ....... 300 parts per million 

dry volume.

3-run average (for Method 26 of appendix A– 

8 to 40 CFR part 60, collect a minimum 

volume of 120 liters per run; for Method 

26A of appendix A–8 to 40 CFR part 60, 

collect a minimum volume of 1 dry standard cubic meter per run).

Performance test (Method 26 or 26A of appendix A–8 to 40 CFR part 60). 

Lead ............................. 2.1 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters).

Performance test (Method 29 of appendix A– 

8 to 40 CFR part 60). Use ICPMS for the 

analytical finish. 

Mercury ........................ 0.0053 milligrams per 

dry standard cubic 

meter.

3-run average (for Method 29 of appendix A– 

8 to 40 CFR part 60 and ASTM D6784– 

24,3 collect a minimum volume of 2 dry 

standard cubic meters per run; for Method 

30B of appendix A–8 to 40 CFR part 60, 

collect a minimum sample as specified in 

Method 30B).

Performance test (Method 29 or 30B of appendix A–8 to 40 CFR part 60) or ASTM 

D6784–24.3 4

Nitrogen oxides ........... 190 parts per million 

dry volume.

3-run average (for Method 7E of appendix A– 

4 to 40 CFR part 60, 1 hour minimum sample time per run).

Performance test (Method 7 or 7E of appendix A–4 to 40 CFR part 60). 

Particulate matter (filterable).270 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters).

Performance test (Method 5 of appendix A–3 

to 40 CFR part 60 or Method 29 of appendix A–8 to 40 CFR part 60). 

Sulfur dioxide ............... 150 parts per million 

dry volume.

3-run average (for Method 6 of appendix A–4 

to 40 CFR part 60, collect a minimum of 20 

liters per run; for Method 6C of appendix 

A–4 to 40 CFR part 60, 1 hour minimum 

sample time per run).

Performance test (Method 6 or 6c of appendix A–4 to 40 CFR part 60); or ANSI/ASME 

PTC–19.10–1981.3 5

1All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must 

meet either the total mass basis limit or the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and 

continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements 

applicable to the specific pollutant in §§ 62.14640a and 62.14665a. As prescribed in § 62.14640a(u), if you use a CEMS or integrated sorbent 

trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic 

average emission concentrations. 3The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You 

may obtain a copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 272–0167, 

https://www.epa.gov. You may inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of 

this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. 4ASTM D6784–24 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 

Stationary Sources (Ontario Hydro Method), [approved March 1, 2024]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West 

Conshohocken, PA 19428–2959; (Phone: 1–877–909–2786; website: https://www.astm.org/). 5ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; website: https://www.asme.org/). 

[FR Doc. 2024–26650 Filed 12–10–24; 8:45 am] 

BILLING CODE 6560–50–P 


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