`[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 100092-100136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26650]



[[Page 100091]]

Vol. 89

Wednesday,

No. 238

December 11, 2024

Part III





Environmental Protection Agency





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40 CFR Part 62





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; 
Final Rule

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

[[Page 100092]]


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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.

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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: 
[email protected].

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

[[Page 100093]]

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
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                                                                             Examples of potentially regulated
                    Category                            NAICS code                       entities
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Any industrial or commercial facility using a              211, 212, 486  Mining; oil and gas exploration
 solid waste incinerator.                                                  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.
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    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-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-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

[[Page 100094]]

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\
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    \1\ See 78 FR 9131-9133 to reference the impacts of the EG 
adopted on February 7, 2013.
    \2\ See 75 FR 31970 (June 4, 2010), where polycyclic organic 
matter (POM) and polychlorinated biphenyl (PCB) emission reductions 
are discussed.
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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 EPA-approved 
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.
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    \3\ The EPA is not aware of any CISWI units owned or operated by 
Indian tribal governments at the time of the publication of this 
document.
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    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\
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    \4\ Five 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.
    \5\ Many 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).
---------------------------------------------------------------------------

    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).
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    \6\ The 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.
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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

[[Page 100095]]

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.
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    \7\ The ``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.
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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).
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    \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.

              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      Arkansas; Arizona; Connecticut; Delaware;
 Submitted to the EPA.          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          Florida; Georgia; Iowa; South Carolina;
 Submitted to the EPA.          Texas.
V. Draft State Plans
 Submitted to the EPA
VI. EPA Has Not Received a     California; Hawaii; Michigan; Oregon;
 Draft or Final State Plan or   Washington.
 Negative Declaration.
VII. Indicated Intent to       North Carolina.
 Submit State Plan to the EPA.
VIII. Indicated Intent to
 Accept Delegation of Federal
 Plan
IX. Indicated Intent to        Alaska; American Samoa; Guam; Illinois;
 Accept Federal Plan            Northern Mariana Islands; Ohio;
 Implementation by the EPA.     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 EPA-approved 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,      (617) 918-1652  Connecticut, Massachusetts, Maine, New
                                kilpatrick.jessica@                      Hampshire, Rhode Island, Vermont.
                                epa.gov.
Region II....................  Fausto Taveras,          (212) 637-3378  New York, New Jersey, Puerto Rico,
                                taveras.fausto@epa.                      Virgin Islands.
                                gov.
Region III...................  Krystal Stankunas,       (215) 814-5271  Virginia, Delaware, District of
                                stankunas.krystal@e                      Columbia, Maryland, Pennsylvania, West
                                pa.gov.                                  Virginia.
Region IV....................  Mark Bloeth,             (404) 562-9013  Alabama, Florida, Georgia, Kentucky,
                                [email protected].                     Mississippi, North Carolina, South
                                                                         Carolina, Tennessee.
Region V.....................  Margaret Sieffert,       (312) 353-1151  Minnesota, Wisconsin, Illinois, Indiana,
                                sieffert.margaret@e                      Michigan, Ohio.
                                pa.gov.
Region VI....................  Karolina Ruan-Lei,       (214) 665-7346  Arkansas, Louisiana, New Mexico,
                                ruan-                                    Oklahoma, Texas.
                                [email protected]
                                v.
Region VII...................  Larry Gonzalez,          (913) 551-7041  Iowa, Kansas, Missouri, Nebraska.
                                [email protected].

[[Page 100096]]

 
Region VIII..................  Allison Reibach,         (303) 312-6949  Colorado, Montana, North Dakota, South
                                reibach.allison@epa                      Dakota, Utah, Wyoming.
                                .gov.
Region IX....................  Shaheerah Kelly,         (415) 947-4156  Arizona, California, Hawaii, Nevada,
                                kelly.shaheerah@epa                      American Samoa, Guam, Northern Mariana
                                .gov.                                    Islands.
Region X.....................  Geoffrey Glass,          (206) 553-1847  Alaska, Idaho, Oregon Washington.
                                [email protected].
----------------------------------------------------------------------------------------------------------------

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 Sec. Sec.  62.14665(a) and 
62.14820(b) (now at Sec. Sec.  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 Sec.  
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

[[Page 100097]]

(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.''
---------------------------------------------------------------------------

    \9\ Consolidated Appropriations Act, 2024. Public Law 118-42 
(2024, March 8). https://www.congress.gov/bill/118th-congress/house-bill/4366/text.
---------------------------------------------------------------------------

    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 kiln-
specific 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 waste-burning 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            Sections 129(b)(3), 111(d), 301(a), and
 enforcement mechanism.         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           40 CFR 62.14630 through 62.14645 (now at
 operating limits.              40 CFR 62.14600a through 62.14610a).
Operator training and          40 CFR 62.14595 through 62.14625 (now at
 qualification.                 40 CFR 62.14565a through 62.14595a).
Testing, monitoring,           40 CFR 62.14650 through 62.14760 (now at
 recordkeeping and reporting.   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

[[Page 100098]]

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-p-dioxins/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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              CISWI subcategories
                                        Incinerators  --------------------------------------------------------------------------------------------------
        Pollutant (units) \1\           (2,000 CISWI                                             ERUs-- liquid/
                                           limit)       Incinerators         ERUs--solids              gas         Waste-burning kilns         SRIs
--------------------------------------------------------------------------------------------------------------------------------------------------------
HCl (parts per million by volume                   62              29  0.20 (biomass units)/58               14  3.0....................             300
 (ppmv)).                                                               (coal units).
CO (ppmv)............................             157              17  260 (biomass units)/95                35  110 (long kilns)/790                 64
                                                                        (coal units).                             (preheater/
                                                                                                                  precalciner).
Pb (mg/dscm).........................            0.04           0.015  0.014 (biomass units)/             0.096  0.014..................             2.1
                                                                        0.057 (coal units).
Cd (mg/dscm).........................           0.004          0.0026  0.0014 (biomass units)/            0.023  0.0014.................            0.95
                                                                        0.0017 (coal units).
Hg (mg/dscm).........................            0.47          0.0048  0.0022 (biomass units)/           0.0024  0.011 \2\..............          0.0053
                                                                        0.013 (coal units).
PM, filterable (mg/dscm).............              70              34  11 (biomass units)/130               110  13.5...................             270
                                                                        (coal units).
Dioxin, furans, total (ng/dscm)......      (no limit)             4.6  0.52 (biomass units)/5.1             2.9  1.3....................           4,400
                                                                        (coal units).
Dioxins and furans, TEQ (nanograms               0.41            0.13  0.12 (biomass units)/               0.32  0.075..................             180
 per dry standard cubic meter (ng/                                      0.075 (coal units).
 dscm)).
NOX (ppmv)...........................             388              53  290 (biomass units)/460               76  630....................             190
                                                                        (coal units).
SO2 (ppmv)...........................              20              11  7.3 (biomass units)/850              720  600....................             150
                                                                        (coal units).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All emission limits are expressed as concentrations corrected to 7 percent O2.
\2\ Or 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 add-on air pollution control devices, such as wet scrubbers, dry 
scrubbers and

[[Page 100099]]

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 subcategory-specific 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)
------------------------------------------------------------------------
                                                          IBR in 40 CFR
          Test method                  Publisher        part 62, subpart
                                                              IIIa
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue  Available for purchase  Sec.
 and Exhaust Gas Analyses        from the American       62.14640a(s)(1)
 [Part 10, Instruments and       Society of Mechanical   (i) and (ii),
 Apparatus], Issued August 31,   Engineers (ASME), Two   (t)(1)(ii),
 1981.                           Park Avenue, New        (t)(4)(i), and
                                 York, NY 10016-5990,    (z)(1)(i) and
                                 (800) 843-2763,         tables 4, 5, 6,
                                 https://www.asme.org/.  and 7 to
                                                         subpart IIIa of
                                                         part 62.
ASTM D6784-24 Standard Test     Available for purchase  Sec.
 Method for Elemental,           from at least one of    62.14665a(j)
 Oxidized, Particle-Bound and    the following           and tables 4,
 Total Mercury in Flue Gas       addresses: American     5, and 7 to
 Generated from Coal-Fired       Society for Testing     subpart IIIa of
 Stationary Sources (Ontario     and Materials (ASTM),   part 62.
 Hydro Method), approved March   100 Barr Harbor
 1, 2024.                        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/.
Fabric Filter Bag Leak          Available from the      Sec.
 Detection Guidance, EPA-454/R-  U.S. Environmental      62.14640a(r)(3)
 98-015, September 1997.         Protection Agency,      and (z)(2)(i).
                                 1200 Pennsylvania
                                 Avenue NW,
                                 Washington, DC 20460,
                                 (202) 272-0167,
                                 https://www.epa.gov
                                 or https://www3.epa.gov/ttnemc01/cem/tribo.pdf.
------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \10\ https://www.epa.gov/electronic-reporting-air-emissions/cedri.
---------------------------------------------------------------------------

    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

[[Page 100100]]

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 plant-specific 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

[[Page 100101]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

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

    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:
---------------------------------------------------------------------------

    \13\ CAA 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).
---------------------------------------------------------------------------

     Twelve (12) months after the effective date of any 
applicable EPA-approved 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

[[Page 100102]]

     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.
---------------------------------------------------------------------------

    \14\ See, 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \16\ The 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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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/laws-regulations/laws-and-executive-orders.

[[Page 100103]]

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.
---------------------------------------------------------------------------

    \18\ See 78 FR 9112, February 7, 2013.
---------------------------------------------------------------------------

    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.

[[Page 100104]]

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:

[[Page 100105]]

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
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

0
2. Amend Sec.  62.14510 by adding paragraph (d) to read as follows:


Sec.  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.

0
3. Add subpart IIIa, consisting of Sec. Sec.  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


Sec.  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

[[Page 100106]]

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.


Sec.  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


Sec.  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 Sec.  62.14780a or an air curtain incinerator as defined 
in Sec.  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 Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  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 Sec.  62.14510a, this subpart applies to you whether or not 
your CISWI is listed in the Federal plan inventory in the docket.


Sec.  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 Sec.  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 Sec.  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

[[Page 100107]]

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 Sec.  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 Sec. Sec.  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


Sec.  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 Sec. Sec.  62.14675a through 62.14735a for 
complete reporting and recordkeeping requirements).


Sec.  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.


Sec.  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


Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 Sec.  62.14595a.
    (b) Operator training and qualification must be obtained through a 
state-approved 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

[[Page 100108]]

reference material following completion of the course.


Sec.  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.


Sec.  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 Sec.  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 Sec.  62.14565a(c)(2).


Sec.  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.


Sec.  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 Sec.  62.14580a.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  62.14575a(a).


Sec.  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 Sec. Sec.  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 
Sec.  62.14565a, met the criteria for qualification under Sec.  
62.14575a, and maintained or renewed their qualification under Sec.  
62.14580a or Sec.  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.


Sec.  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 Sec.  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 Sec.  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 Sec.  
62.14565a(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

[[Page 100109]]

Emission Limitations and Operating Limits


Sec.  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.


Sec.  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 Sec.  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 Sec.  62.14730a(b).
    (c) If you use a fabric filter to comply with the emission 
limitations in Sec.  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 Sec.  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 x 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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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

[[Page 100110]]

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)
[GRAPHIC] [TIFF OMITTED] TR11DE24.024


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)
[GRAPHIC] [TIFF OMITTED] TR11DE24.025


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)
[GRAPHIC] [TIFF OMITTED] TR11DE24.026


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.


[[Page 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)
[GRAPHIC] [TIFF OMITTED] TR11DE24.027


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.


Sec.  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 Sec.  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


Sec.  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 Sec.  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 (tetra- through 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

[[Page 100112]]

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 Sec. Sec.  
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 
octa-chlorinated 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.


Sec.  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


Sec.  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 
Sec.  62.14605a(h), to establish the kiln-specific emission limit in 
Sec.  62.14640a(y), as applicable, and to establish operating limits 
using the procedure in Sec.  62.14605a or Sec.  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 Sec.  
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 Sec. Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 waste-to-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 fuel-to-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;

[[Page 100113]]

    (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-to-fuel 
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-to-fuel, 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 Sec.  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 Sec.  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 Sec.  62.14605a or established under Sec.  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 Sec.  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 
Sec.  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 Sec.  
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 Sec.  
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 Sec.  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:

[[Page 100114]]

    (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)
[GRAPHIC] [TIFF OMITTED] TR11DE24.028

    (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

[[Page 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 waste-burning 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 Sec.  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 Sec.  60.11(d) of this chapter;
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13 of this chapter; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  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:

[[Page 100116]]

    (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 Sec.  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 Sec.  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 Sec.  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

[[Page 100117]]

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 Sec.  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 Sec.  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 site-specific 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 site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  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 waste-burning 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 site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning 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 out-of-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)

[[Page 100118]]

[GRAPHIC] [TIFF OMITTED] TR11DE24.029

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 in-line 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/federal-register/cfr/ibr-locations.html or email 
[email protected].
    (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]


Sec.  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.


Sec.  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 Sec.  
62.14635a.


Sec.  62.14655a  May I conduct performance testing less often?

    You must conduct annual performance tests according to the schedule 
specified in Sec.  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 Sec.  
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 Sec.  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 Sec.  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).


Sec.  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


Sec.  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

[[Page 100119]]

under Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 100120]]

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 Sec.  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 [email protected]. 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 
Sec.  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 
Sec.  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 
Sec.  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 Sec.  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 Sec.  62.14600a. Energy recovery units that use a 
particulate matter CEMS to demonstrate initial and continuing 
compliance according to the procedures in Sec.  62.14665a(n) are not 
required to install a continuous opacity monitoring system and must 
perform the annual performance tests for opacity consistent with Sec.  
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 Sec.  60.13 of this 
chapter and according to PS 1 of 40 CFR part 60, appendix B;
    (3) As specified in Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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

[[Page 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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 site-specific monitoring 
plan developed in accordance with Sec.  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 Sec.  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 waste-burning 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 site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning 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

[[Page 100122]]

out of control, or required monitoring system quality assurance or 
quality control activities conducted during out-of-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 waste-burning 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 Sec.  
62.14640a(l).


Sec.  62.14670a  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  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 out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  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 out-of-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 out-of-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


Sec.  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 Sec.  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.

[[Page 100123]]

You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
62.14605a(c).
    (7) If you monitor clinker production in accordance with Sec.  
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 Sec.  
62.14605a(d) through (g) or Sec.  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 Sec.  62.14590a(a) as required by Sec.  
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 Sec.  62.14565a, met 
the criteria for qualification under Sec.  62.14575a, and maintained or 
renewed their qualification under Sec.  62.14580a or Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  241.3(d)(1) of this chapter. If you combust a fuel 
that has been processed from a discarded non-hazardous secondary 
material pursuant to Sec.  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 Sec.  241.2 of this chapter and each of the 
legitimacy criteria in Sec.  241.3(d)(1). If the fuel received a non-
waste determination pursuant to the petition process submitted under 
Sec.  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 non-hazardous secondary materials as fuel 
per Sec.  241.4 of this chapter, you must keep records documenting that 
the material is a listed non-waste under Sec.  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.


Sec.  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.


Sec.  62.14685a  What reports must I submit?

    See table 3 to this subpart for a summary of the reporting 
requirements.


Sec.  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.

[[Page 100124]]

Sec.  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 Sec.  62.14625a, as applicable;
    (b) The values for the site-specific operating limits established 
in Sec.  62.14605a or Sec.  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 Sec.  62.14665a(b).


Sec.  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 Sec.  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.)


Sec.  62.14705a  What information must I include in my annual report?

    The annual report required under Sec.  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 
Sec. Sec.  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 
Sec.  62.14605a or Sec.  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 Sec.  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 Sec.  
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 Sec.  62.14655a, and did not 
conduct a performance test during the reporting period, you must state 
that you met the requirements of Sec.  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 Sec.  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 (low-level) and high-level 
checks;
    (3) The start and end date and time and duration (in hours) that 
each continuous monitoring system was out-of-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;

[[Page 100125]]

    (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.


Sec.  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).


Sec.  62.14715a  What must I include in the deviation report?

    In each report required under Sec.  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 Sec.  62.14730a(b)(1), the performance test report no 
later than the date that you submit the deviation report.


Sec.  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 Sec.  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.


Sec.  62.14725a  Are there any other notifications or reports that I 
must submit?

    (a) Yes. You must submit notifications as provided by Sec.  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 Sec.  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-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  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/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). 
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 Sec.  
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:

[[Page 100126]]

    (1) Within 60 days after the date of completing each performance 
test (see Sec.  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/electronic-reporting-air-emissions/electronic-reporting-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 Sec.  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 Sec.  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.


Sec.  62.14735a  Can reporting dates be changed?

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

[[Page 100127]]

Air Curtain Incinerators (ACIs)


Sec.  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 Sec.  62.14770a, this section, and Sec. Sec.  
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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  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.


Sec.  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


Sec.  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


Sec.  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 
Sec.  62.14605a and table 1 to this subpart.
    (b) Approval of petitions submitted pursuant to the requirements of 
Sec.  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 Sec.  62.14615a and tables 4 through 7 to this subpart.
    (d) Approval of major alternatives to monitoring requirements 
established under Sec. Sec.  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 
Sec.  62.14595a(b)(2).
    (h) Approval of alternative opacity emission limits in Sec.  
62.14600a under Sec.  60.11(e)(6) through (8) of this chapter.
    (i) Performance test and data reduction waivers under Sec.  
62.14615a(j) and Sec.  60.8(b)(4) and (5) of this chapter.
    (j) Determination of whether a qualifying small power production 
facility or cogeneration facility under Sec.  62.14530a(d) or (e) is 
combusting homogeneous waste.

Definitions


Sec.  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.

[[Page 100128]]

    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, 
waste-burning 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 kiln-dried 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 Sec.  241.2 of this chapter that have been discarded, and you do not 
keep and produce records as required by Sec.  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

[[Page 100129]]

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, open-head 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, in-line 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

[[Page 100130]]

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 municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    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 non-
hazardous 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:

[[Page 100131]]

    (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 petroleum-
contaminated 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 Sec.  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 Sec.  
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 [deg]F (20 [deg]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
----------------------------------------------------------------------------------------------------------------
                                  You must establish          And monitor using these minimum frequencies
 For these operating parameters     these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Continuous........  Every hour........  1. Daily (batch
                                   rate.                                                       units)
                                                                                              2. 3-hour rolling
                                                                                               (continuous and
                                                                                               intermittent
                                                                                               units) \1\.
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling
 scrubber or amperage to wet       drop or amperage.                                           \1\.
 scrubber.
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.


[[Page 100132]]


      Table 2 to Subpart IIIa of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     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         Waste management plan.............  Sec.   62.14690a.
                                    January 10, 2025,
                                    or the date you
                                    recommence burning
                                    solid waste,
                                    whichever is later.
B. Initial Test Report...........  No later than 60      1. Complete test report for the     Sec.   62.14695a.
                                    days following the    initial performance test.
                                    initial performance  2. The values for the site-
                                    test.                 specific operating limits..
                                                         3. Installation of bag leak
                                                          detection systems for fabric
                                                          filters..
C. Annual report.................  No later than 12      1. Name and address...............  Sec.  Sec.
                                    months following     2. Statement and signature by        62.14700a and
                                    the submission of     responsible official..              62.14705a.
                                    the initial test     3. Date of report.................   Subsequent reports
                                    report. Subsequent   4. Values for the operating          are to be
                                    reports are to be     limits..                            submitted no more
                                    submitted no more    5. Highest recorded 3-hour average   than 12 months
                                    than 12 months        and the lowest 3-hour average, as   following the
                                    following the         applicable, (or 30-day average,     previous report.
                                    previous report.      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 Sec.
                                                          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 Sec.
                                                          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 Sec.   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 Sec.   62.14705a(k)
                                                          through (o)..
                                                         11. Fuel input information for
                                                          energy recovery unit subcategory
                                                          verification as specified in Sec.
                                                            62.14705a(p)..
D. Emission Limitation or          By August 1 of that   1. Dates and times of deviations..  Sec.  Sec.
 Operating Limit Deviation Report.  year for data        2. Averaged and recorded data for    62.14710a and
                                    collected during      these dates..                       62.14715a.
                                    the first half of    3. Duration and causes for each
                                    the calendar year.    deviation and the corrective
                                   By February 1 of the   actions taken..
                                    following year for   4. Copy of operating limit
                                    data collected        monitoring data and any test
                                    during the second     reports..
                                    half of the          5. Dates, times, and causes for
                                    calendar year.        monitor downtime incidents..

[[Page 100133]]

 
E. Qualified Operator Deviation    Within 10 days of     1. Statement of cause of deviation  Sec.
 Notification.                      deviation.           2. Description of efforts to have    62.14720a(a)(1)
                                                          an accessible qualified operator..
                                                         3. The date a qualified operator
                                                          will be accessible..
F. Qualified Operator Deviation    Every 4 weeks         1. Description of efforts to have   Sec.
 Status Report.                     following deviation.  an accessible qualified operator.   62.14720a(a)(2).
                                                         2. The date a qualified operator
                                                          will be accessible..
                                                         3. Request for approval to
                                                          continue operation..
G. Qualified Operator Deviation    Prior to resuming     Notification that you are resuming  Sec.
 Notification of Resumed            operation.            operation.                          62.14720a(b).
 Operation.
----------------------------------------------------------------------------------------------------------------
\1\ This 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
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \1\                       \2\                     method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.0026 milligrams per  3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 of appendix A-8 to 40
                                     meter.                 standard cubic meters).     CFR part 60). Use
                                                                                        inductively coupled
                                                                                        plasma mass spectrometry
                                                                                        (ICPMS) for the
                                                                                        analytical finish.
Carbon monoxide...................  17 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     10 of appendix A-4 to 40
                                                            run).                       CFR part 60).
Dioxins/furans (total mass basis).  4.6 nanograms per dry  3-run average (collect a    Performance test (Method
                                     standard cubic meter.  minimum volume of 2 dry     23 of appendix A-7 to 40
                                                            standard cubic meters).     CFR part 60).
Dioxins/furans (toxic equivalency   0.13 nanograms per     3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 2 dry     23 of appendix A-7 to 40
                                     meter.                 standard cubic meters).     CFR part 60).
Hydrogen chloride.................  29 parts per million   3-run average (for Method   Performance test (Method
                                     dry volume.            26 of appendix A-8 to 40    26 or 26A of appendix A-
                                                            CFR part 60, collect a      8 to 40 CFR part 60).
                                                            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).
Lead..............................  0.015 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 of appendix A-8 to 40
                                     meter \2\.             standard cubic meters).     CFR part 60). Use ICPMS
                                                                                        for the analytical
                                                                                        finish.
Mercury...........................  0.0048 milligrams per  3-run average (for Method   Performance test (Method
                                     dry standard cubic     29 of appendix A-8 to 40    29 or 30B of appendix A-
                                     meter.                 CFR part 60 an ASTM D6784-  8 to 40 CFR part 60) or
                                                            24,\3\ collect a minimum    ASTM D6784-24.\3\ \4\
                                                            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).
Nitrogen oxides...................  53 parts per million   3-run average (for Method   Performance test (Method
                                     dry volume.            7E of appendix A-4 to 40    7 or 7E of appendix A-4
                                                            CFR part 60, 1 hour         to 40 CFR part 60).
                                                            minimum sample time per
                                                            run).
Particulate matter filterable.....  34 milligrams per dry  3-run average (collect a    Performance test (Method
                                     standard cubic meter.  minimum volume of 1 dry     5 of appendix A-3 to 40
                                                            standard cubic meter).      CFR part 60 or Method 29
                                                                                        of appendix A-8 to 40
                                                                                        CFR part 60).
Sulfur dioxide....................  11 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     6 or 6c of appendix A-4
                                                            run).                       to 40 CFR part 60) or
                                                                                        ANSI/ASME PTC-19.10-
                                                                                        1981.\3\ \5\
Fugitive ash......................  Visible emissions for  Three 1-hour observation    Visible emission test
                                     no more than 5% of     periods.                    (Method 22 of appendix A-
                                     the hourly                                         7 to 40 CFR part 60).
                                     observation period.
----------------------------------------------------------------------------------------------------------------
\1\ All 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
  Sec.  Sec.   62.14640a and 62.14665a. As prescribed in Sec.   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.
\3\ The 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.

[[Page 100134]]

 
\4\ 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
  International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; (Phone: 1-877-
  909-2786; website: https://www.astm.org/).
\5\ ANSI/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
----------------------------------------------------------------------------------------------------------------
                                    You must meet this emission
                                           limitation \1\             Using this averaging     And determining
    For the air pollutant     ---------------------------------------       time \2\          compliance using
                                  Liquid/gas           Solids                                  this method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium......................  0.023            Biomass--0.0014       3-run average         Performance test
                                milligrams per   milligrams per dry    (collect a minimum    (Method 29 of
                                dry standard     standard cubic        volume of 2 dry       appendix A-8 to 40
                                cubic meter.     meter. Coal--0.0017   standard cubic        CFR part 60). Use
                                                 milligrams per dry    meters).              ICPMS for the
                                                 standard cubic                              analytical finish.
                                                 meter.
Carbon monoxide..............  35 parts per     Biomass--260 parts    3-run average (1      Performance test
                                million dry      per million dry       hour minimum sample   (Method 10 of
                                volume.          volume. Coal--95      time per run).        appendix A-4 to 40
                                                 parts per million                           CFR part 60).
                                                 dry volume.
Dioxins/furans (total mass     2.9 nanograms    Biomass--0.52         3-run average         Performance test
 basis).                        per dry          nanograms per dry     (collect a minimum    (Method 23 of
                                standard cubic   standard cubic        volume of 4 dry       appendix A-7 to 40
                                meter.           meter.\2\ Coal--5.1   standard cubic        CFR part 60).
                                                 nanograms per dry     meter).
                                                 standard cubic
                                                 meter.
Dioxins/furans (toxic          0.32 nanograms   Biomass--0.12         3-run average         Performance test
 equivalency basis).            per dry          nanograms per dry     (collect a minimum    (Method 23 of
                                standard cubic   standard cubic        volume of 4 dry       appendix A-7 to 40
                                meter.           meter. Coal--0.075    standard cubic        CFR part 60).
                                                 nanograms per dry     meters).
                                                 standard cubic
                                                 meter.\2\
Hydrogen chloride............  14 parts per     Biomass--0.20 parts   3-run average (for    Performance test
                                million dry      per million dry       Method 26 of          (Method 26 or 26A
                                volume.          volume. Coal--58      appendix A-8 to 40    of appendix A-8 to
                                                 parts per million     CFR part 60,          40 CFR part 60).
                                                 dry volume.           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).
Lead.........................  0.096            Biomass--0.014        3-run average         Performance test
                                milligrams per   milligrams per dry    (collect a minimum    (Method 29 of
                                dry standard     standard cubic        volume of 2 dry       appendix A-8 to 40
                                cubic meter.     meter.\2\ Coal--      standard cubic        CFR part 60). Use
                                                 0.057 milligrams      meters).              ICPMS for the
                                                 per dry standard                            analytical finish.
                                                 cubic meter.
Mercury......................  0.0024           Biomass--0.0022       3-run average (for    Performance test
                                milligrams per   milligrams per dry    Method 29 of          (Method 29 or 30B
                                dry standard     standard cubic        appendix A-8 to 40    of appendix A-8 to
                                cubic meter.     meter. Coal--0.013    CFR part 60 and       40 CFR part 60) or
                                                 milligrams per dry    ASTM D6784-24,\3\     ASTM D6784-24.\3\
                                                 standard cubic        collect a minimum     \4\
                                                 meter.                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).
Nitrogen oxides..............  76 parts per     Biomass--290 parts    3-run average (for    Performance test
                                million dry      per million dry       Method 7E of          (Method 7 or 7E of
                                volume.          volume. Coal--460     appendix A-4 to 40    appendix A-4 to 40
                                                 parts per million     CFR part 60, 1 hour   CFR part 60).
                                                 dry volume.           minimum sample time
                                                                       per run).
Particulate matter filterable  110 milligrams   Biomass--11           3-run average         Performance test
                                per dry          milligrams per dry    (collect a minimum    (Method 5 of
                                standard cubic   standard cubic        volume of 1 dry       appendix A-3 to 40
                                meter.           meter. Coal--130      standard cubic        CFR part 60 or
                                                 milligrams per dry    meter).               Method 29 of
                                                 standard cubic                              appendix A-8 to 40
                                                 meter.                                      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 Sec.
                                                                                             62.14670(x)) if the
                                                                                             unit has an annual
                                                                                             average heat input
                                                                                             rate greater than
                                                                                             250 MMBtu/hr.
Sulfur dioxide...............  720 parts per    Biomass--7.3 parts    3-run average (1      Performance test
                                million dry      per million dry       hour minimum sample   (Method 6 or 6c of
                                volume.          volume. Coal--850     time per run).        appendix A-4 to 40
                                                 parts per million                           CFR part 60); or
                                                 dry volume.                                 ANSI/ASME PTC-19.10-
                                                                                             1981.\3\ \5\
Fugitive ash.................  Visible          Visible emissions     Three 1-hour          Visible emission
                                emissions for    for no more than 5    observation periods.  test (Method 22 of
                                no more than 5   percent of the                              appendix A-7 to 40
                                percent of the   hourly observation                          CFR part 60).
                                hourly           period.
                                observation
                                period.
----------------------------------------------------------------------------------------------------------------
\1\ All 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
  Sec.  Sec.   62.14640a and 62.14665a. As prescribed in Sec.   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.
\3\ The 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.
\4\ 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
  International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; (Phone: 1-877-
  909-2786; website: https://www.astm.org/).
\5\ ANSI/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/).


[[Page 100135]]


  Table 6 to Subpart IIIa of Part 62--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After
                                                January 10, 2025
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \1\                       \2\                   method \2\ \3\
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.0014 milligrams per  3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 of appendix A-8 to 40
                                     meter \2\.             standard cubic meters).     CFR part 60).
Carbon monoxide...................  110 (long kilns)/790   3-run average (1 hour       Performance test (Method
                                     (preheater/            minimum sample time per     10 of appendix A-4 to 40
                                     precalciner) parts     run).                       CFR part 60).
                                     per million dry
                                     volume.
Dioxins/furans (total mass basis).  1.3 nanograms per dry  3-run average (collect a    Performance test (Method
                                     standard cubic meter.  minimum volume of 4 dry     23 of appendix A-7 to 40
                                                            standard cubic meters).     CFR part 60).
Dioxins/furans (toxic equivalency   0.075 nanograms per    3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 4 dry     23 of appendix A-7 to 40
                                     meter \2\.             standard cubic meters).     CFR part 60).
Hydrogen chloride.................  3.0 parts per million  3-run average (collect a    If a wet scrubber or dry
                                     dry volume \2\.        minimum volume of 1 dry     scrubber is used,
                                                            standard cubic meter) or    performance test (Method
                                                            30-day rolling average if   321 of appendix A to 40
                                                            HCl CEMS is being used.     CFR part 63). If a wet
                                                                                        scrubber or dry scrubber
                                                                                        is not used, HCl CEMS as
                                                                                        specified in Sec.
                                                                                        62.14670(j).
Lead..............................  0.014 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 of appendix A-8 to 40
                                     meter \2\.             standard cubic meters).     CFR part 60).
Mercury...........................  0.011 milligrams per   30-day rolling average....  Mercury CEMS or
                                     dry standard cubic                                 integrated sorbent trap
                                     meter.                                             monitoring system
                                    Or...................                               (performance
                                    58 pounds/million                                   specification 12A or
                                     tons of clinker.                                   12B, respectively, of
                                                                                        appendix B to 40 CFR
                                                                                        part 60 and procedure 5
                                                                                        of appendix F to 40 CFR
                                                                                        part 60), as specified
                                                                                        in Sec.   62.14670(j).
Nitrogen oxides...................  630 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            7E of appendix A-4 to 40    7 or 7E of appendix A-4
                                                            CFR part 60, 1 hour         to 40 CFR part 60).
                                                            minimum sample time per
                                                            run).
Particulate matter filterable.....  13.5 milligrams per    30-day rolling average....  PM CPMS (as specified in
                                     dry standard cubic                                 Sec.   62.14670(x)).
                                     meter.
Sulfur dioxide....................  600 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            6 of appendix A-4 to 40     6 or 6c of appendix A-4
                                                            CFR part 60, collect a      to 40 CFR part 60) or
                                                            minimum of 20 liters; for   ANSI/ASME PTC-19.10-
                                                            Method 6C of appendix A-4   1981.\4\
                                                            to 40 CFR part 60, 1 hour
                                                            minimum sample time per
                                                            run).
----------------------------------------------------------------------------------------------------------------
\1\ All 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
  Sec.  Sec.   62.14640a and 62.14665a. As prescribed in Sec.   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.
\3\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in Sec.
  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.
\4\ ANSI/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
  [email protected]. 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
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \1\                       \2\                     method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.95 milligrams per    3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     29 of appendix A-8 to 40
                                     meter.                 standard cubic meters per   CFR part 60).
                                                            run).
Carbon monoxide...................  64 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     10 of appendix A-4 to 40
                                                            run).                       CFR part 60).

[[Page 100136]]

 
Dioxins/furans (total mass basis).  4,400 nanograms per    3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     23 of appendix A-7 to 40
                                     meter.                 standard cubic meters per   CFR part 60).
                                                            run).
Dioxins/furans (toxic equivalency   180 nanograms per dry  3-run average (collect a    Performance test (Method
 basis).                             standard cubic meter.  minimum volume of 1 dry     23 of appendix A-7 to 40
                                                            standard cubic meters).     CFR part 60).
Fugitive ash......................  Visible emissions for  Three 1-hour observation    Visible emissions test
                                     no more than 5         periods.                    (Method 22 of appendix A-
                                     percent of the                                     7 to 40 CFR part 60).
                                     hourly observation
                                     period.
Hydrogen chloride.................  300 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            26 of appendix A-8 to 40    26 or 26A of appendix A-
                                                            CFR part 60, collect a      8 to 40 CFR part 60).
                                                            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).
Lead..............................  2.1 milligrams per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     29 of appendix A-8 to 40
                                     meter.                 standard cubic meters).     CFR part 60). Use ICPMS
                                                                                        for the analytical
                                                                                        finish.
Mercury...........................  0.0053 milligrams per  3-run average (for Method   Performance test (Method
                                     dry standard cubic     29 of appendix A-8 to 40    29 or 30B of appendix A-
                                     meter.                 CFR part 60 and ASTM        8 to 40 CFR part 60) or
                                                            D6784-24,\3\ collect a      ASTM D6784-24.\3\ \4\
                                                            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).
Nitrogen oxides...................  190 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            7E of appendix A-4 to 40    7 or 7E of appendix A-4
                                                            CFR part 60, 1 hour         to 40 CFR part 60).
                                                            minimum sample time per
                                                            run).
Particulate matter (filterable)...  270 milligrams per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     5 of appendix A-3 to 40
                                     meter.                 standard cubic meters).     CFR part 60 or Method 29
                                                                                        of appendix A-8 to 40
                                                                                        CFR part 60).
Sulfur dioxide....................  150 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            6 of appendix A-4 to 40     6 or 6c of appendix A-4
                                                            CFR part 60, collect a      to 40 CFR part 60); or
                                                            minimum of 20 liters per    ANSI/ASME PTC-19.10-
                                                            run; for Method 6C of       1981.\3\ \5\
                                                            appendix A-4 to 40 CFR
                                                            part 60, 1 hour minimum
                                                            sample time per run).
----------------------------------------------------------------------------------------------------------------
\1\ All 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
  Sec.  Sec.   62.14640a and 62.14665a. As prescribed in Sec.   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.
\3\ The 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.
\4\ 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
  International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; (Phone: 1-877-
  909-2786; website: https://www.astm.org/).
\5\ ANSI/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`