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Subpart CCCC—Standards of Performance for Commercial and 

Industrial Solid Waste Incineration Units for Which 

Construction Is Commenced After November 30, 1999 or for 

Which Modification or Reconstruction Is Commenced on or 

After June 1, 2001

Introduction

§60.2000 What does this subpart do?

This subpart establishes new source performance 

standards for commercial and industrial solid waste 

incineration (CISWI) units.

§60.2005 When does this subpart become effective?

This subpart takes effect on [THE DATE 6 MONTHS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. 

June 1, 2001. Some of the requirements in this subpart 

apply to planning the CISWI unit and must be completed even 

before construction is initiated on the CISWI unit (i.e., 

the preconstruction requirements in §§60.2045 and 60.2050). 

Other requirements such as the emission limitations and 

operating limits apply after the CISWI unit begins 

operation.

Applicability

§60.2010 Does this subpart apply to my incineration unit?

Yes, if your incineration unit meets all the 

requirements specified in paragraphs (a) through (c) of 

this section.

(a) Your incineration unit is a new incineration unit 

as defined in §60.2015.

(b) Your incineration unit is a CISWI unit as defined 
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in §60.2265.

(c) Your incineration unit is not exempt under 

§60.2020.

§60.2015 What is a new incineration unit?

(a) A new incineration unit is an incineration unit 

that meets any either of the two criteria specified in 

paragraph (a)(1) throughor (a)(2) of this section.

(1) A CISWI unit that Ccommenced construction after 

November 30, 1999June 4, 2010.

(2) A CISWI unit that Ccommenced reconstruction or 

modification on or after June 1, 2001 [THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER].

(b) This subpart does not affect your CISWI 

incineration unit if you make physical or operational 

changes to your incineration unit primarily to comply with 

the emission guidelines in subpart DDDD of this part 

(Emission Guidelines and Compliance Times for Commercial 

and Industrial Solid Waste Incineration Units). Such 

changes do not qualify as reconstruction or modification 

under this subpart.

§60.2020 What combustion units are exempt from this 

subpart?

This subpart exempts the types of units described in 

paragraphs (a), (c) through (i) and (nm) of this section, 

but some units are required to provide notifications. 

Air curtain incinerators are exempt from the requirements 

in this subpart except for the provisions in §§60.2242, 

60.2250, and 60.2260.fifteen types of units described in 

paragraphs (a) through (o) of this section.
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(a) Pathological waste incineration units. 

Incineration units burning 90 percent or more by weight (on 

a calendar quarter basis and excluding the weight of 

auxiliary fuel and combustion air) of pathological waste, 

low-level radioactive waste, and/or chemotherapeutic waste 

as defined in §60.2265 are not subject to this subpart if 

you meet the two requirements specified in paragraphs 

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

(1) Notify the Administrator that the unit meets 

these criteria.

(2) Keep records on a calendar quarter basis of the 

weight of pathological waste, low-level radioactive waste, 

and/or chemotherapeutic waste burned, and the weight of all 

other fuels and wastes burned in the unit.

(b) [Reserved]

Agricultural waste incineration units. Incineration 

units burning 90 percent or more by weight (on a calendar 

quarter basis and excluding the weight of auxiliary fuel 

and combustion air) of agricultural wastes as defined in 

§60.2265 are not subject to this subpart if you meet the 

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

this section.

(1) Notify the Administrator that the unit meets these 

criteria.

(2) Keep records on a calendar quarter basis of the 

weight of agricultural waste burned, and the weight of all 

other fuels and wastes burned in the unit.

(c) Municipal waste combustion units. Incineration 

units that meet either of the two criteria specified in 

paragraph (c)(1) or (2) of this section(1)Aare regulated 
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under subject to subpart Ea of this part (Standards of 

Performance for Municipal Waste Combustors); subpart Eb of 

this part (Standards of Performance for Large Municipal 

Waste Combustors);; for Which Construction is Commenced 

After September 20, 1994); subpart Cb of this part 

(Emission Guidelines and Compliance Time for Large 

Municipal Combustors);; that are Constructed on or Before 

September 20, 1994); subpart subpart AAAA of this part 

(Standards of Performance for New Stationary Sources: Small 

Municipal Waste Combustion Units); or subpart BBBB of this 

part (Emission Guidelines for Existing Stationary Sources: 

Small Municipal Waste Combustion Units).

Municipal waste combustion units. 

(2) Burn greater than 30 percent municipal solid 

waste or refuse-derived fuel, as defined in subpart Ea, 

subpart Eb, subpart AAAA, and subpart BBBB of this part, 

and that have the capacity to burn less than 35 tons (32 

megagrams) per day of municipal solid waste or refusederived fuel, if you meet the two requirements in 

paragraphs (c)(2)(i) and (ii) of this section.

(i) Notify the Administrator that the unit meets these 

criteria.

(ii) Keep records on a calendar quarter basis of the 

weight of municipal solid waste burned, and the weight of 

all other fuels and wastes burned in the unit.

(d) Medical waste incineration units. Incineration 

units regulated under subpart Ec of this part (Standards of 

Performance for Hospital/Medical/Infectious Waste 

Incinerators for Which Construction is Commenced After June 

20, 1996) or subpart Ce of this part (Emission Guidelines 

and Compliance Times for Hospital/Medical/Infectious Waste 

Incinerators).
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(e) Small power production facilities. Units that meet 

the three requirements specified in paragraphs (e)(1) 

through (3) of this section.

(1) The unit qualifies as a small power-production 

facility under section 3(17)(C) of the Federal Power Act 

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

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity.

(3) You submit documentation tonotify the 

Administrator notifying the EPA that the qualifying small 

power production facility is combusting homogeneous

wastethat the unit meets all of these criteria.

(4) You maintain the records specified in §60.2175(w).

(f) Cogeneration facilities. Units that meet the three 

requirements specified in paragraphs (f)(1) through (3) of 

this section.

(1) The unit qualifies as a cogeneration facility 

under section 3(18)(B) of the Federal Power Act (16 U.S.C. 

796(18)(B)).

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity and steam or 

other forms of energy used for industrial, commercial, 

heating, or cooling purposes.

(3) You submit documentation tonotify the 

Administrator notifying the EPA that the qualifying 

cogeneration facility is combusting homogeneous wastethat 

the unit meets all of these criteria.

(4) You maintain the records specified in §60.2175(x).
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(g) Hazardous waste combustion units. Units for which 

you are required to get a permit under section 3005 of the 

Solid Waste Disposal Act. that meet either of the two 

criteria specified in paragraph (g)(1) or (2) of this 

section.

(1) Units for which you are required to get a permit 

under section 3005 of the Solid Waste Disposal Act.

(2) Units regulated under subpart EEE of 40 CFR part 

63 (National Emission Standards for Hazardous Air 

Pollutants from Hazardous Waste Combustors).

(h) Materials recovery units. Units that combust waste 

for the primary purpose of recovering metals, such as 

primary and secondary smelters.

(i) Air curtain incinerators. Air curtain 

incinerators that burn only the materials listed in 

paragraphs (i)(1) through (3) of this section are only 

required to meet the requirements under “Air Curtain 

Incinerators” (§§60.2245 through 60.2260).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste.

(j) [Reserved]

Cyclonic barrel burners. (See §60.2265)

(k) [Reserved]

Rack, part, and drum reclamation units. (See §60.2265)
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(l) [Reserved]

Cement kilns. Kilns regulated under subpart LLL of 

part 63 of this chapter (National Emission Standards for 

Hazardous Air Pollutants from the Portland Cement 

Manufacturing Industry).

(m) Sewage sludge incineratorstreatment plants. 

Incineration units regulated under subpart O of this part 

(Standards of Performance for Sewage Treatment Plants).

(n) 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 subpart LLLL of this part 

(Standards of Performance for Sewage Sludge Incineration 

Units) or subpart MMMM of this part (Emission Guidelines 

for Sewage Sludge Incineration Units). Chemical recovery 

units. Combustion units burning materials to recover 

chemical constituents or to produce chemical compounds 

where there is an existing commercial market for such 

recovered chemical constituents or compounds. The seven 

types of units described in paragraphs (n)(1) through (7) 

of this section are considered chemical recovery units.

(1) Units burning only pulping liquors ( i.e., black 

liquor) that are reclaimed in a pulping liquor recovery 

process and reused in the pulping process.

(2) Units burning only spent sulfuric acid used to 

produce virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the 

production of charcoal.

(4) Units burning only manufacturing byproduct 

streams/residues containing catalyst metals which are 
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reclaimed and reused as catalysts or used to produce 

commercial grade catalysts.

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production 

of other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids 

to produce hydrogen, carbon monoxide, synthesis gas, or 

other gases for use in other manufacturing processes.

(7) Units burning only photographic film to recover 

silver.

(o) Laboratory Analysis Units. Units that burn samples 

of materials for the purpose of chemical or physical 

analysis.

(o) Other solid waste incineration units. Incineration 

units that are subject to subpart EEEE of this part 

(Standards of Performance for Other Solid Waste 

Incineration Units) or subpart FFFF of this part (Emission 

Guidelines and Compliance Times for Other Solid Waste 

Incineration Units).

§60.2025 What if my chemical recovery unit is not listed 

in §60.2020(n)?

(a) If your chemical recovery unit is not listed in 

§60.2020(n), you can petition the Administrator to add your 

unit to the list. The petition must contain the six items 

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

(1) A description of the source of the materials being 

burned.
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(2) A description of the composition of the materials 

being burned, highlighting the chemical constituents in 

these materials that are recovered.

(3) A description (including a process flow diagram) 

of the process in which the materials are burned, 

highlighting the type, design, and operation of the 

equipment used in this process.

(4) A description (including a process flow diagram) 

of the chemical constituent recovery process, highlighting 

the type, design, and operation of the equipment used in 

this process.

(5) A description of the commercial markets for the 

recovered chemical constituents and their use.

(6) The composition of the recovered chemical 

constituents and the composition of these chemical 

constituents as they are bought and sold in commercial 

markets.

(b) Until the Administrator approves your petition, 

the incineration unit is covered by this subpart.

(c) If a petition is approved, the Administrator will 

amend §60.2020(n) to add the unit to the list of chemical 

recovery units.

§60.2030 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by 

the U.S. Environmental Protection Agency (EPA), or a 

delegated authority such as your State, local, or tribal 

agency. If the EPA Administrator has delegated authority 

to your state, local, or tribal agency, then that agency 

(as well as EPA) has the authority to implement and enforce 
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this subpart. You should contact your EPA Regional Office 

to find out if this subpart is delegated to your state, 

local, or tribal agency.

(b) In delegating implementation and enforcement 

authority of this subpart to a state, local, or tribal 

agency, the authorities contained in paragraph (c) of this 

section are retained by the EPA Administrator and are not 

transferred to the state, local, or tribal agency.

(c) The authorities that will not be delegated to

state, local, or tribal agencies are specified in 

paragraphs (c)(1) through (4) and (c)(6) through (10) of 

this section. State, 

(1) Approval of alternatives to the emission 

limitations in table 1 of this subpart and operating limits 

established under §60.2110.

(2) Approval of major alternatives to test methods.

(3) Approval of major alternatives to monitoring.

(4) Approval of major alternatives to recordkeeping 

and reporting.

(5) [Reserved]The requirements in §60.2025.

(6) The requirements in §60.2115.

(7) The requirements in §60.2100(b)(2).

(8) Approval of alternative opacity emission limits 

in §60.2105 under §60.11(e)(6) through (e)(8).

(9) Performance test and data reduction waivers under 

§60.2125(j), 60.8(b)(4) and (5).
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(10) Determination of whether a qualifying small power 

production facility or cogeneration facility under 

§60.2020(e) or (f) is combusting homogenous waste.

§60.2035 How are these new source performance standards 

structured?

These new source performance standards contain the 

eleven major components listed in paragraphs (a) through 

(k) of this section.

(a) Preconstruction siting analysis.

(b) Waste management plan.

(c) Operator training and qualification.

(d) Emission limitations and operating limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

§60.2040 Do all eleven components of these new source 

performance standards apply at the same time?

No. You must meet the preconstruction siting analysis 
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and waste management plan requirements before you commence 

construction of the CISWI unit. The operator training and 

qualification, emission limitations, operating limits, 

performance testing and compliance, monitoring, and most 

recordkeeping and reporting requirements are met after the 

CISWI unit begins operation.

Preconstruction Siting Analysis

§60.2045 Who must prepare a siting analysis?

(a) You must prepare a siting analysis if you plan to 

commence construction of an CISWI unit incinerator after 

December 1, 2000.

(b) You must prepare a siting analysis for CISWI 

units that commenced construction after June 4, 2010, or 

that commenced reconstruction or modification after [THE 

DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER].if you are required to submit an initial 

application for a construction permit under 40 CFR part 51, 

subpart I, or 40 CFR part 52, as applicable, for the 

reconstruction or modification of your CISWI unit.

(c) You must complete and submit the siting 

requirements of this section as required under §60.2190(c) 

prior to commencing construction prepare a siting analysis 

if you are required to submit an initial application for a 

construction permit under 40 CFR part 51, subpart I, or 40 

CFR part 52, as applicable, for the reconstruction or 

modification of your CISWI unit.

§60.2050 What is a siting analysis?

(a) The siting analysis must consider air pollution 

control alternatives that minimize, on a site-specific 

basis, to the maximum extent practicable, potential risks 

to public health or the environment. In considering such 

alternatives, the analysis may consider costs, energy 
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impacts, nonair environmental impacts, or any other factors 

related to the practicability of the alternatives.

(b) Analyses of your CISWI unit's impacts that are 

prepared to comply with state, local, or other Federal 

regulatory requirements may be used to satisfy the 

requirements of this section, provided they include the 

consideration of air pollution control alternatives 

specified in paragraph (a) of this section.

(c) You must complete and submit the siting 

requirements of this section as required under §60.2190(c) 

prior to commencing construction.

Waste Management Plan

§60.2055 What is a waste management plan?

A waste management plan is a written plan that 

identifies both the feasibility and the methods used to 

reduce or separate certain components of solid waste from 

the waste stream in order to reduce or eliminate toxic 

emissions from incinerated waste.

§60.2060 When must I submit my waste management plan?

You must submit a waste management plan prior to 

commencing construction.

§60.2065 What should I include in my waste management 

plan?

A waste management plan must include consideration of 

the reduction or separation of waste-stream elements such 

as paper, cardboard, plastics, glass, batteries, or metals; 

or the use of recyclable materials. The plan must identify 

any additional waste management measures and implement 

those measures the source considers practical and feasible, 
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considering the effectiveness of waste management measures 

already in place, the costs of additional measures, the 

emissions reductions expected to be achieved, and any other 

environmental or energy impacts they might have.

Operator Training and Qualification

§60.2070 What are the operator training and qualification 

requirements?

(a) No CISWI unit can be operated unless a fully 

trained and qualified CISWI unit operator is accessible, 

either at the facility or can be at the facility within 1 

hour. The trained and qualified CISWI unit operator may 

operate the CISWI unit directly or be the direct supervisor 

of one or more other plant personnel who operate the unit. 

If all qualified CISWI unit operators are temporarily not 

accessible, you must follow the procedures in §60.2100.

(b) Operator training and qualification must be 

obtained through a 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 
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to be used by the operator, including proper startup, waste 

charging, and shutdown procedures.

(iv) Combustion controls and monitoring.

(v) Operation of air pollution control equipment and 

factors affecting performance (if applicable).

(vi) Inspection and maintenance of the incinerator 

and air pollution control devices.

(vii) Actions to prevent and correct malfunctions or

to prevent conditions that may lead to malfunctions.

(viii) Bottom and fly ash characteristics and 

handling procedures.

(ix) Applicable Federal, State, and local 

regulations, including Occupational Safety and Health 

Administration workplace standards.

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and administered by the 

instructor.

(3) Written material covering the training course 

topics that may serve as reference material following 

completion of the course.

§60.2075 When must the operator training course be 

completed?

The operator training course must be completed by the 

later of the three dates specified in paragraphs (a) 

through (c) of this section.
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(a) Six months after your CISWI unit startup.

(b) December 3, 2001.

(c) The date before an employee assumes 

responsibility for operating the CISWI unit or assumes 

responsibility for supervising the operation of the CISWI 

unit.

§60.2080 How do I obtain my operator qualification?

(a) You must obtain operator qualification by 

completing a training course that satisfies the criteria 

under §60.2070(b).

(b) Qualification is valid from the date on which the 

training course is completed and the operator successfully 

passes the examination required under §60.2070(c)(2).

§60.2085 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual 

review or refresher course covering, at a minimum, the five 

topics described in paragraphs (a) through (e) of this 

section.

(a) Update of regulations.

(b) Incinerator operation, including startup and 

shutdown procedures, waste charging, and ash handling.

(c) Inspection and maintenance.

(d) Prevention and correction of malfunctions or 

conditions that may lead to malfunction.Responses to 

malfunctions or conditions that may lead to malfunction.

(e) Discussion of operating problems encountered by 
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attendees.

§60.2090 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one 

of the two methods specified in paragraphs (a) and (b) of 

this section.

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

complete a standard annual refresher course described in 

§60.2085.

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

the initial qualification requirements in §60.2080(a).

§60.2095 What site-specific documentation is required?

(a) Documentation must be available at the facility 

and readily accessible for all CISWI unit operators that 

addresses the ten topics described in paragraphs (a)(1) 

through (10) of this section. You must maintain this 

information and the training records required by paragraph 

(c) of this section in a manner that they can be readily 

accessed and are suitable for inspection upon request.

(1) Summary of the applicable standards under this 

subpart.

(2) Procedures for receiving, handling, and charging 

waste.

(3) Incinerator startup, shutdown, and malfunction 

procedures.

(4) Procedures for maintaining proper combustion air 

supply levels.

(5) Procedures for operating the incinerator and 
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associated air pollution control systems within the 

standards established under this subpart.

(6) Monitoring procedures for demonstrating 

compliance with the incinerator operating limits.

(7) Reporting and recordkeeping procedures.

(8) The waste management plan required under 

§§60.2055 through 60.2065.

(9) Procedures for handling ash.

(10) A list of the wastes burned during the 

performance test.

(b) You must establish a program for reviewing the 

information listed in paragraph (a) of this section with 

each incinerator operator.

(1) The initial review of the information listed in 

paragraph (a) of this section must be conducted within 6 

months after the effective date of this subpart or prior to 

an employee's assumption of responsibilities for operation 

of the CISWI unit, whichever date is later.

(2) Subsequent annual reviews of the information 

listed in paragraph (a) of this section must be conducted 

not later than 12 months following the previous review.

(c) You must also maintain the information specified 

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

(1) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2095(a) 

as required by §60.2095(b), including the date of the 

initial review and all subsequent annual reviews.
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(2) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2070, met the criteria for qualification under 

§60.2080, and maintained or renewed their qualification 

under §60.2085 or §60.2090. Records must include 

documentation of training, the dates of the initial and 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours.

§60.2100 What if all the qualified operators are 

temporarily not accessible?

If all qualified operators are temporarily not 

accessible (i.e., not at the facility and not able to be at 

the facility within 1 hour), you must meet one of the two 

criteria specified in paragraphs (a) and (b) of this 

section, depending on the length of time that a qualified 

operator is not accessible.

(a) When all qualified operators are not accessible 

for more than 8 hours, but less than 2 weeks, the CISWI 

unit may be operated by other plant personnel familiar with 

the operation of the CISWI unit who have completed a review 

of the information specified in §60.2095(a) within the past 

12 months. However, you must record the period when all 

qualified operators were not accessible and include this 

deviation in the annual report as specified under §60.2210.

(b) When all qualified operators are not accessible 

for 2 weeks or more, you must take the two actions that are 

described in paragraphs (b)(1) and (2) of this section.

(1) Notify the Administrator of this deviation in 
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writing within 10 days. In the notice, state what caused 

this deviation, what you are doing to ensure that a 

qualified operator is accessible, and when you anticipate 

that a qualified operator will be accessible.

(2) Submit a status report to the Administrator every 

4 weeks outlining what you are doing to ensure that a 

qualified operator is accessible, stating when you 

anticipate that a qualified operator will be accessible and 

requesting approval from the Administrator to continue 

operation of the CISWI unit. You must submit the first 

status report 4 weeks after you notify the Administrator of 

the deviation under paragraph (b)(1) of this section. If 

the Administrator notifies you that your request to 

continue operation of the CISWI unit is disapproved, the 

CISWI unit may continue operation for 90 days, then must 

cease operation. Operation of the unit may resume if you 

meet the two requirements in paragraphs (b)(2)(i) and (ii) 

of this section.

(i) A qualified operator is accessible as required 

under §60.2070(a).

(ii) You notify the Administrator that a qualified 

operator is accessible and that you are resuming operation.

Emission Limitations and Operating Limits

§60.2105 What emission limitations must I meet and by 

when?

You must meet the emission limitations specified in 

table 1 of this subpart 60 days after your CISWI unit 

reaches the charge rate at which it will operate, but no 

later than 180 days after its initial startup.

(a) You must meet the emission limitations for each 

CISWI unit, including bypass stack or vent, specified in 

table 1 of this subpart or tables 5 through 89 of this 
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subpart by the applicable date in §60.2140. You must be in 

compliance with the emission limitations of this subpart 

that apply to you at all times.

(b) An incinerator unit that commenced construction 

after November 30, 1999, but no later than June 4, 2010, or 

that commenced reconstruction or modification on or after 

June 1, 2001 but no later than [INSERT THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER] must meet the more stringent emission limit for 

the respective pollutant in table 1 of this subpart or 

table 6 of subpart DDDD.

§60.2110 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the 

emission limitations, you must establish operating limits 

for up to four operating parameters (as specified in table 

2 of this subpart) as described in paragraphs (a)(1) 

through (4) of this section during the initial performance 

test.

(1) Maximum charge rate, calculated using one of the 

two different procedures in paragraph (a)(1)(i) or (ii), as 

appropriate.

(i) For continuous and intermittent units, maximum 

charge rate is 110 percent of the average charge rate 

measured during the most recent performance test 

demonstrating compliance with all applicable emission 

limitations.

(ii) For batch units, maximum charge rate is 110 

percent of the daily charge rate measured during the most 

recent performance test demonstrating compliance with all 

applicable emission limitations.

(2) Minimum pressure drop across the wet particulate 
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matter scrubber, which is calculated as the lowest 1-hour 

90 percent of the average pressure drop across the wet 

scrubber measured during the most recent performance test 

demonstrating compliance with the particulate matter 

emission limitations; or minimum amperage to the wet 

scrubber, which is calculated as the lowest 1-hour 90 

percent of the average amperage to the wet scrubber 

measured during the most recent performance test 

demonstrating compliance with the particulate matter 

emission limitations.

(3) Minimum scrubber liquor liquid flow rate, which 

is calculated as the lowest 1-hour 90 percent of the 

average liquor liquid 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 90 percent of the average liquor pH at 

the inlet to the wet acid gas scrubber measured during the 

most recent performance test demonstrating compliance with 

the HCl emission limitation.

(b) You must meet the operating limits established 

during the initial performance test 60 days after your 

CISWI unit reaches the charge rate at which it will 

operate, but no later than 180 days after its initial 

startup.

(c) If you use a fabric filter to comply with the 

emission limitations, you must operate each fabric filter 

system such that the bag leak detection system alarm does 

not sound more than 5 percent of the operating time during 

a 6-month period. In calculating this operating time 

percentage, if inspection of the fabric filter demonstrates 
23

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 to comply 

with the emission limitations, 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, 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, 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, you must measure the 

charge rate, the secondary chamber temperature (if 
24

applicable to your CISWI unit), and the reagent flow rate 

during the nitrogen oxides performance testing. The 

operating limits for the selective noncatalytic reduction 

are calculated as the highest 1-hour average charge rate, 

lower 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, 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 or 

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, and if you do not determine compliance with 

your particulate matter emission limitation with a 

particulate matter CEMS, you must maintain opacity to less 

than or equal to 10 percent opacity (1-hour block average).

(i) If you use a PM CPMS to demonstrate compliance, 

you must establish your PM CPMS operating limit and 

determine compliance with it according to paragraphs (i)(1) 

through (5) of this section.

(1) Determine your operating limit as the average PM 

CPMS output value recorded during the performance test or 
25

at a PM CPMS output value corresponding to 75% of the 

emission limit if your PM performance test demonstrates 

compliance below 75% of the emission limit. You must verify 

an existing or establish a new operating limit after each 

repeated performance test. You must repeat the performance 

test annually and reassess and adjust the site-specific 

operating limit in accordance with the results of the 

performance test.

(A) Your PM CPMS must provide a 4-20 milliamp output 

and the establishment of its relationship to manual 

reference method measurements must be determined in units 

of milliamps.

(B) 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.

(C) During the initial performance test or any such 

subsequent performance test that demonstrates compliance 

with the PM limit, record and average all milliamp output 

values 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 Method 5I test 

runs).

(2) If the average of your three PM performance test 

runs are below 75% 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 values corresponding 

to the three compliance test runs, and the average PM 

concentration from the Method 5 or performance test with 
26

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 can be established 

obtained 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.

(D) If none of the steps in paragraphs (i)(2)(i) 

through (iv) 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, and the average of your corresponding three PM 

compliance test runs, using equation 1.

(Eq. 1)

Where:

X1 = the PM CPMS data points for the three runs 

constituting the performance test,
27

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, your three run average PM CPMS milliamp value, 

and your three run average PM concentration from your three 

compliance tests, determine a relationship of lb/Mmbtu per 

milliamp with equation 2.

(Eq. 2)

Where:

R = the relative mg/dscm per milliamp for your PM 

CPMS,

Y1 = the three run average mg/dscm PM concentration,

X1 = the three run average milliamp output from you PM 

CPMS, and

z = the milliamp equivalent of your instrument zero 

determined from (2)(i).

(iv) Determine your source specific 30-day rolling 

average operating limit using the mg/dscm per milliamp 

value from Equation 2 in equation 3, below. This sets your 

operating limit at the PM CPMS output value corresponding 

to 75% of your emission limit.

(Eq. 3)

Where:
28

Ol = the operating limit for your PM CPMS on a 30-day 

rolling average, in milliamps.

L = your source emission limit expressed in lb/Mmbtu,

z = your instrument zero in milliamps, determined from 

(2)(a), and

R = the relative mg/dscm per milliamp for your PM 

CPMS, from Equation 3.

(3) If the average of your three PM compliance test 

runs is at or above 75% of your PM emission limit you must 

determine your operating limit by averaging the PM CPMS 

milliamp output corresponding to your three PM performance 

test runs that demonstrate compliance with the emission 

limit using equation 4 and you must submit all compliance 

test and PM CPMS data according to the reporting 

requirements in paragraph (i)(5) of this section.

(Eq. 4)

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.

(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 
29

average operating parameter in units of the operating limit 

(e.g., milliamps, 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 value 

equivalent to the instrument zero output, technique by 

which this zero value was determined, and the average 

milliamp signals corresponding to each PM compliance test 

run.

§60.2115 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 material balances, to comply with 

the emission limitations under §60.2105, 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. You must not conduct the initial 

performance test until after the petition has been approved 

by the Administrator. Your petition must include the five 

items listed in paragraphs (a) through (e) of this section.

(a) Identification of the specific parameters you 
30

propose to use as additional operating limits.

(b) A discussion of the relationship between these 

parameters and emissions of regulated pollutants, 

identifying how emissions of regulated pollutants change 

with changes in these parameters and how limits on these 

parameters will serve to limit emissions of regulated 

pollutants.

(c) A discussion of how you will establish the upper 

and/or lower values for these parameters which will 

establish the operating limits on these parameters.

(d) A discussion identifying the methods you will use 

to measure and the instruments you will use to monitor 

these parameters, as well as the relative accuracy and 

precision of these methods and instruments.

(e) A discussion identifying the frequency and 

methods for recalibrating the instruments you will use for 

monitoring these parameters.

§ 60.2120 Affirmative Defense for Violation of Emission 

Standards During Malfunction.What happens during periods of 

startup, shutdown, and malfunction?

(a) The emission limitations and operating limits 

apply at all times except during CISWI unit startups, 

shutdowns, or malfunctions.

(b) Each malfunction must last no longer than 3 hours.

In response to an action to enforce the standards set 

forth in paragraph §60.2105 you may assert an affirmative 

defense to a claim for civil penalties for violations of 

such standards that are caused by malfunction, as defined 

at 40 CFR 60.2. Appropriate penalties may be assessed; 

however, if you fail to meet your burden of proving all of 
31

the requirements in the affirmative defense, the 

affirmative defense shall not be available for claims for 

injunctive relief.

(a) Assertion of affirmative defense. To establish the 

affirmative defense in any action to enforce such a 

standard, you must timely meet the reporting requirements 

in paragraph (b) of this section, and must prove by a 

preponderance of evidence that:

(1) The violation: 

(i) Was caused by a sudden, infrequent, and 

unavoidable failure of air pollution control equipment, 

process equipment, or a process to operate in a normal or 

usual manner, and 

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and

 (iii) Did not stem from any activity or event that 

could have been foreseen and avoided, or planned for; and

(iv) Was not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and 

(2) Repairs were made as expeditiously as possible 

when the violation occurred; and

(3) The frequency, amount and duration of the 

violation (including any bypass) were minimized to the 

maximum extent practicable; and

(4) If the violation resulted from a bypass of control 

equipment or a process, then the bypass was unavoidable to 

prevent loss of life, personal injury, or severe property 

damage; and
32

(5) All possible steps were taken to minimize the 

impact of the violation on ambient air quality, the 

environment, and human health; and

(6) All emissions and control systems were kept in 

operation if at all possible, consistent with safety and 

good air pollution control practices; and

(7) All of the actions in response to the violation 

were documented by properly signed, contemporaneous 

operating logs; and

(8) At all times, the affected source was operated in 

a manner consistent with good practices for minimizing 

emissions; and

(9) A written root cause analysis has been prepared, 

the purpose of which is to determine, correct, and 

eliminate the primary causes of the malfunction and the 

violation resulting from the malfunction event at issue. 

The analysis shall also specify, using best monitoring 

methods and engineering judgment, the amount of any 

emissions that were the result of the malfunction. 

(b) Report. The owner or operator seeking to assert an 

affirmative defense shall submit a written report to the 

Administrator with all necessary supporting documentation 

that it has met the requirements set forth in paragraph (a) 

of this section. This affirmative defense report shall be 

included in the first periodic compliance, deviation report 

or excess emission report otherwise required after the 

initial occurrence of the violation of the relevant 

standard (which may be the end of any applicable averaging 

period). If such compliance, deviation report or excess 

emission report is due less than 45 days after the initial 

occurrence of the violation, the affirmative defense report 

may be included in the second compliance, deviation report 
33

or excess emission report due after the initial occurrence 

of the violation of the relevant standard.

Performance Testing

§60.2125 How do I conduct the initial and annual 

performance test?

(a) All performance tests must consist of a minimum 

of three test runs conducted under conditions 

representative of normal operations.

(b) You must document that the waste burned during 

the performance test is representative of the waste burned 

under normal operating conditions by maintaining a log of 

the quantity of waste burned (as required in 

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

performance test.

(c) All performance tests must be conducted using the 

minimum run duration specified in table 1 of this subpart

or tables 5 through 8 of this subpart.

(d) Method 1 of appendix A of this part must be used 

to select the sampling location and number of traverse 

points.

(e) Method 3A or 3B of appendix A of this part must 

be used for gas composition analysis, including measurement 

of oxygen concentration. Method 3A or 3B of appendix A of 

this part must be used simultaneously with each method.

(f) All pollutant concentrations, except for opacity, 

must be adjusted to 7 percent oxygen using Equation 1 of 

this section:
34

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 (34) of this section.

(1) Measure the concentration of each dioxin/furan 

tetra- through octa-chlorinated -congenerisomer emitted 

using EPA Method 23 at 40 CFR part 60, appendix A-7.

(2) Quantify isomers meeting identification criteria 

2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet identification criteria 1 and 

7. You must quantify the isomers per Section 9.0 of Method 

23. (Note: You may reanalyze the sample aliquot or split 

to reduce the number of isomers not meeting identification 

criteria 1 or 7 of Section 5.3.2.5.)

(3) For each dioxin/furan (tetra-through 

octachlorinatedocta-chlorinated) congenerisomer measured in 

accordance with paragraph (g)(1) and (2) of this section, 

multiply the congenerisomer concentration by its 

corresponding toxic equivalency factor specified in table 3 

of this subpart.
35

(34) Sum the products calculated in accordance with 

paragraph (g)(23) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency.

(h) Method 22 at 40 CFR part 60, appendix A-7 of this 

part must be used to determine compliance with the fugitive 

ash emission limit in table 1 of this subpart or tables 5 

through 8 of this subpart.

(i) If you have an applicable opacity operating 

limit, you must determine compliance with the opacity limit 

using Method 9 at 40 CFR part 60, appendix A-4 of this 

part, 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 §60.2145 and §60.2165.

(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 at 40 CFR part 60, appendix A-7.

(2) Quantify isomers meeting identification criteria 

2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet identification criteria 1 and 

7. You must quantify the isomers per Section 9.0 of Method 

23. (Note: You may reanalyze the sample aliquot or split 

to reduce the number of isomers not meeting identification 
36

criteria 1 or 7 of Section 5.3.2.5.)

(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.

§60.2130 How are the performance test data used?

You use results of performance tests to demonstrate 

compliance with the emission limitations in table 1 of this 

subpart or tables 5 through 8 of this subpart.

Initial Compliance Requirements

§60.2135 How do I demonstrate initial compliance with the 

emission limitations and establish the operating limits?

You must conduct an initial performance test, as 

required under §60.82125 and §60.2105 to determine 

compliance with the emission limitations in table 1 of this 

subpart or tables 5 through 89 of this subpart, to 

establish compliance with any opacity operating limit in 

§60.2110, and to establish operating limits using the 

procedures in §60.2110 or §60.2115. The initial 

performance test must be conducted using the test methods 

listed in table 1 of this subpart or tables 5 through 89 of 

this subpart and the procedures in §60.2125. The use of 

the bypass stack during a performance test shall invalidate 

the performance test. You must conduct a performance 

evaluation of each continuous monitoring system within 60 

days of installation of the monitoring system.
37

§60.2140 By what date must I conduct the initial 

performance test?

(a) The initial performance test must be conducted 

within 60 days after your CISWI unit reaches the charge 

rate at which it will operate, but no later than 180 days 

after its initial startup.

(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 

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 combusting 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 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 commencing or recommencing solid waste 

combustion.

§60.2141 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 

unit reaches the charge rate at which it will operate, but 

no later than 180 days after the device’s initial startup.

(b) Within 10 operating days following an air 
38

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

§60.2145 How do I demonstrate continuous compliance with 

the emission limitations and the operating limits?

(a) Compliance with standards. 

(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 unit, 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 

§60.2145(a)(2). Your source must remain in compliance with 

this subpart until the effective date of the waste-to-fuel 

switch.
39

(4) If you own or operate an existing commercial or 

industrial combustion unit that combusted a fuel or nonwaste 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 section 112 standards 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 

unit, 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 40 CFR part 63 subpart and subcategory 

that will be applicable after you cease combusting solid 

waste;

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

waste(s) the CISWI unit is currently combusting and has 

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(iv) The date on which you became subject to the 

currently applicable emission limits;

(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. 
40

(5) All air pollution control equipment necessary for 

compliance with any newly applicable emissions limits which 

apply as a result of the cessation or commencement or 

recommencement of combusting solid waste must be installed 

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

(6) All monitoring systems necessary for compliance 

with any newly applicable monitoring requirements which 

apply as a result of the cessation or commencement or 

recommencement of combusting solid waste must be installed 

and operational as of the effective date of the waste-tofuel, 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 Clean Air Act section 112 monitoring 

requirements or monitoring requirements under this subpart.

(ab) You must conduct an annual performance test for 

the pollutants listed in table 1 of this subpart or tables 

5 through 8 of this subpart particulate matter, hydrogen 

chloride, fugitive ash, and opacity for each CISWI unit as 

required under §60.8 §60.2125. to determine compliance 

with the emission limitations. The annual performance test 

must be conducted using the test methods listed in table 1 

of this subpart or tables 5 through 8 of this subpart and 

the procedures in §60.2125. Annual performance tests are 

not required if you use CEMS or continuous opacity 

monitoring systems to determine compliance.

(bc) You must continuously monitor the operating 
41

parameters specified in §60.2110 or established under 

§60.2115 and as specified in §60.2170. Use 3-hour block 

average values to determine compliance (except for baghouse 

leak detection system alarms) unless a different averaging 

period is established under §60.2115 or, for energy 

recovery units, where the averaging time for each operating 

parameter is a 30-day rolling, calculated each hour as the 

average of the previous 720 operating hours. Operation 

above the established maximum, or below the established 

minimum, or outside the allowable range of operating limits 

specified in paragraph (a) of this section constitutes a 

deviation from theyour established 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. 

Three-hour rolling average values are used to determine 

compliance (except for baghouse leak detection system 

alarms) unless a different averaging period is established 

under §60.2115. Operating limits do not apply during 

performance testsare confirmed or reestablished during 

performance tests.

(cd) You must only burn only the same types of waste

and fuels used to establish subcategory applicability (for 

energy recovery units) and operating limits during the 

performance test.

(e) For energy recovery units, incinerators, and small 

remote units, you must perform an annual visual emissions 

test for ash handling.

(f) For energy recovery units, you must conduct an 

annual performance test for opacity (except where 

particulate matter CEMS or continuous opacity monitoring 

systems are used are used) and the pollutants listed in 

table 6 of this subpart.
42

(g) You may elect to demonstrate continuous compliance 

with the carbon monoxide emission limit using a carbon 

monoxide CEMS according to the following requirements: 

(1) You must measure emissions according to §60.13 to 

calculate 1-hour arithmetic averages, corrected to 7 

percent oxygen. 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. You must 

demonstrate initial compliance with the carbon monoxide 

emissions limit using a 30-day rolling average of these 1-

hour arithmetic average emission concentrations, 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 at 40 CFR part 60, appendix A–7 

of this part.

(2) Operate the carbon monoxide CEMS in accordance 

with the requirements of performance specification 4A of 

appendix B of this part and quality assurance procedure 1 

of appendix F of this part.

(h) Coal and liquid/gas energy recovery units with 

average annual heat input rates greater than or equal to 

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 

§60.2165(n) instead of the particulate matter continuous 

parameter monitoring system (CPMS) specified in §60.2145. 

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 §60.2165(n) instead of 

particulate matter testing with EPA Method 5 at 40 CFR part 

60, appendix A-3 and, if applicable, the continuous opacity 
43

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/hour and less 

than 250 MMBtu/hr, you must install, operate, certify and 

maintain a continuous opacity monitoring system (COMS) 

according to the procedures in §60.2165. 

(j) For waste-burning kilns, you must conduct an 

annual performance test for cadmium, lead, dioxins/furans 

and hydrogen chloride as listed in table 7 of this subpart. 

You must determine compliance with hydrogen chloride using 

a hydrogen chloride CEMS if you do not use an acid gas wet 

scrubber or dry scrubber. You must determine compliance 

with nitrogen oxides, sulfur dioxide, and carbon monoxide 

using CEMS. You must determine compliance with particulate 

matter using CPMS. You must determine compliance with the 

mercury emissions limit using a mercury CEMS according to 

the following requirements:

(1) Operate a CEMS system in accordance with 

performance specification 12A of 40 CFR part 60, appendix B 

or a sorbent trap based integrated monitor in accordance 

with performance specification 12B of 40 CFR part 60, 

appendix B. The duration of the performance test must be a 

calendar month. For each calendar month in which the wasteburning kiln operates, hourly mercury concentration data, 

and stack gas volumetric flow rate data must be obtained. 

You must demonstrate compliance with the mercury emissions 

limit using a 30-day rolling average of these 1-hour 

mercury concentrations, 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 

at 40 CFR part 60, appendix A–7 of this part. CEMS data 

during startup and shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, and are measured at 
44

stack oxygen content. 

(2) Owners or operators using a mercury CEMS must 

install, operate, calibrate, and maintain an instrument for 

continuously measuring and recording the mercury mass 

emissions rate to the atmosphere according to the 

requirements of performance specifications 6 and 12A of 40 

CFR part 60, appendix B, and quality assurance procedure 6 

of 40 CFR part 60, appendix F.

(3) The owner or operator of a waste-burning kiln must 

demonstrate initial compliance by operating a mercury CEMS 

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.

(2) Develop a site-specific monitoring plan according 

to the requirements in paragraph (l) of this section. This 

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under 

§60.13(i).

(l) For each continuous monitoring system 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. 
45

(1) You must submit this site-specific monitoring plan 

at least 60 days before your initial performance evaluation 

of your continuous monitoring system. 

(i) Installation of the continuous monitoring system 

sampling probe or other interface at a measurement location 

relative to each affected process unit such that the 

measurement is representative of control of the exhaust 

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

device).

(ii) Performance and equipment specifications for the 

sample interface, the pollutant concentration or parametric 

signal analyzer and the data collection and reduction 

systems.

(iii) Performance evaluation procedures and acceptance 

criteria (e.g., calibrations).

(iv) Ongoing operation and maintenance procedures in 

accordance with the general requirements of §60.11(d).

(v) Ongoing data quality assurance procedures in 

accordance with the general requirements of §60.13.

(vi) Ongoing recordkeeping and reporting procedures in 

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

(c)(1), (c)(4), (d), (e), (f), and (g).

(2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific 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 
46

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.

(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 
47

site-specific monitoring plan to ensure pressure 

measurements are not obstructed (e.g., check for pressure 

tap pluggage 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.

(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.

(4) Conduct a performance evaluation (including a twopoint 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 
48

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) through (2) of this section.

(1) Install sensors to measure (secondary) voltage 

and current to the precipitator collection plates.

(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.

(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.
49

(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 EPA–454/R–98–

015 (incorporated by reference, see §60.17).

(4) Use a bag leak detection system equipped with a 

device to continuously record the output signal from the 

sensor.

(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 

compliance with the sulfur dioxide emission limit, 

compliance with the sulfur dioxide emission limit may be 

demonstrated by using the CEMS specified in §60.2165 to 

measure sulfur dioxide. 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. 

You must calculate a 30-day rolling average of the 1-hour 

arithmetic average emission concentrations, including CEMS 

data during startup and shutdown as defined in this 

subpart, calculated using Equation 19-19 in section 12.4.1 
50

of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 

of this part. The sulfur dioxide CEMS must be operated 

according to performance specification 2 in appendix B of 

this part and 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 in appendix B of 

this part, 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 (s)(1)(ii) of this section.

(i) For sulfur dioxide, EPA Reference Method 6 or 6C, 

or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated 

by reference, see §60.17) must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10–

1981 (incorporated by reference, see §60.17), must be used.

(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 rule. 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 rule.
51

(3) Conduct accuracy determinations quarterly and 

calibration drift tests daily in accordance with procedure 

1 in appendix F of this part.

(t) For facilities using a CEMS to demonstrate 

continuous compliance with the nitrogen oxides emission 

limit, compliance with the nitrogen oxides emission limit 

may be demonstrated by using the CEMS specified in §60.2165 

to measure nitrogen oxides. 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. 

You must calculate a 30-day rolling average of the 1-hour 

arithmetic average emission concentrations, including CEMS 

data during starup and shutdown as defined in this subpart,

using Equation 19-19 in section 12.4.1 of EPA Reference 

Method 19 at 40 CFR part 60, appendix A-7 of this part. 

The nitrogen oxides CEMS must be operated according to 

performance specification 2 in appendix B of this part and 

must follow the procedures and methods specified in 

paragraphs (t)(1) through (t)(5) of this section.

(1) During each relative accuracy test run of the CEMS 

required by performance specification 2 of appendix B of 

this part, 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 (t)(1)(ii) of this section.

(i) For nitrogen oxides, EPA Reference Method 7 or 7E 

at 40 CFR part 60, appendix A-4 must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3A or 3B at 40 CFR part 60, appendix A-3, or as an 

alternative ANSI/ASME PTC 19–10.1981 (incorporated by 

reference, see §60.17), as applicable, must be used.

(2) The span value of the continuous emission 
52

monitoring system must be 125 percent of the maximum 

estimated hourly potential nitrogen oxide emissions of the 

unit.

(3) Conduct accuracy determinations quarterly and 

calibration drift tests daily in accordance with procedure 

1 in appendix F of this part.

(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 (t)(4)(iv) of this section. 

This relationship may be re-established during performance 

compliance tests.

(i) The fuel factor equation in Method 3B must be used 

to determine the relationship between oxygen and carbon 

dioxide at a sampling location. Method 3A or 3B, or as an 

alternative ANSI/ASME PTC 19.10–1981 (incorporated by 

reference, see §60.17), as applicable, must be used to 

determine the oxygen concentration at the same location as 

the carbon dioxide monitor.

(ii) Samples must be taken for at least 30 minutes in 

each hour.

(iii) Each sample must represent a 1-hour average.

(iv) A minimum of three runs must be performed.

(u) For facilities using a CEMS to demonstrate 

continuous compliance with any of the emission limits of 
53

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 

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 at 40 CFR part 60, appendix A-7 

of this part. CEMS data during startup and shutdown, as 

defined in the subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content.

(2) Operate all CEMS in accordance with the applicable 

procedures under appendices B and F of this part.

(v) Use of the bypass stack at any time is an 

emissions standards deviation for particulate matter, HCl, 

Pb, Cd, Hg, NOx, SO2, and dioxin/furans.

(w) For energy recovery units with a design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 

carbon monoxide CEMS, you must install, operate, and 

maintain a oxygen analyzer system as defined in §60.2265 

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 §60.2675. 

(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 CO 
54

performance test.

(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 Appendix A-7 

of this part.

(x) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour 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, ESP secondary 

power, PM scrubber pressure).

(1) Install, calibrate, operate, and maintain your PM 

CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with 

§60.2145(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 

detection of the exhaust gas or representative sample. The 

reportable measurement output from the PM CPMS must be 

expressed as milliamps.

(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of no 

greater than 0.5 mg/actual cubic meter.
55

(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 

§60.2110.

(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.

(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).

(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 
56

(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);

(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; and 

(iii) Within 30 days of the deviation or at the time 

of the annual compliance test, whichever comes first, 
57

conduct a PM emissions compliance test to determine 

compliance with the PM emissions limit and to verify. 

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.

(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.

§60.2150 By what date must I conduct the annual 

performance test?

You must conduct annual performance tests between 11 

and 13 months of the previous for particulate matter, 

hydrogen chloride, and opacity within 12 months following 

the initial performance test. Conduct subsequent annual 

performance tests within 12 months following the previous 

one.

§60.2151 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 §60.2141.
58

§60.2155 May I conduct performance testing less often?

(a) You must conduct annual performance tests 

according to the schedule specified in §60.2150, with the 

following exceptions:

(1) You may conduct a repeat performance test at any 

time to establish new values for the operating limits to 

apply from that point forward, as specified in §60.2160. 

The Administrator may request a repeat performance test at 

any time.

(2) You must repeat the performance test within 60 

days of a process change, as defined in §60.2265.

(3) If the initial or any subsequent performance test 

for any pollutant in table 1 or tables 5 through 8 of this 

subpart, as applicable, demonstrates that the emission 

level for the pollutant is no greater than the emission 

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of 

this section, as applicable, and you are not required to 

conduct a performance test for the pollutant in response to 

a request by the Administrator in paragraph (a)(1) of this 

section or a process change in paragraph (a)(2) of this 

section, you may elect to skip conducting a performance 

test for the pollutant for the next 2 years. You must 

conduct a performance test for the pollutant during the 

third year and no more than 37 months following the 

previous performance test for the pollutant. For cadmium 

and lead, both cadmium and lead must be emitted at emission 

levels no greater than their respective emission levels 

specified in paragraph (a)(3)(i) of this section for you to 

qualify for less frequent testing under this paragraph. 

(i) For particulate matter, hydrogen chloride, 

mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and 

dioxins/furans, the emission level equal to 75 percent of 
59

the applicable emission limit in table 1 or tables 5 

through 8 of this subpart, as applicable, to this subpart. 

(ii) 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. 

(4) If you are conducting less frequent testing for a 

pollutant as provided in paragraph (a)(3) of this section 

and a subsequent performance test for the pollutant 

indicates that your CISWI unit does not meet the emission 

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of 

this section, as applicable, you must conduct annual 

performance tests for the pollutant according to the 

schedule specified in paragraph (a) of this section until 

you qualify for less frequent testing for the pollutant as 

specified in paragraph (a)(3) of this section.

You can test less often for a given pollutant if you 

have test data for at least 3 years, and all performance 

tests for the pollutant (particulate matter, hydrogen 

chloride, or opacity) over 3 consecutive years show that 

you comply with the emission limitation. In this case, you 

do not have to conduct a performance test for that 

pollutant for the next 2 years. You must conduct a 

performance test during the 3rd year and no more than 36 

months following the previous performance test.

(b) [Reserved]

If your CISWI unit continues to meet the emission 

limitation for particulate matter, hydrogen chloride, or 

opacity, you may choose to conduct performance tests for 

these pollutants every third year, but each test must be 

within 36 months of the previous performance test.
60

(c) If a performance test shows a deviation from an 

emission limitation for particulate matter, hydrogen 

chloride, or opacity, you must conduct annual performance 

tests for that pollutant until all performance tests over a 

3-year period show compliance. 

§60.2160 May I conduct a repeat performance test to 

establish new operating limits?

(a) Yes. You may conduct a repeat performance test at 

any time to establish new values for the operating limits. 

The Administrator may request a repeat performance test at 

any time.

(b) You must repeat the performance test if your feed 

stream is different than the feed streams used during any 

performance test used to demonstrate compliance.

Monitoring

§60.2165 What monitoring equipment must I install and 

what parameters must I monitor?

(a) If you are using a wet scrubber to comply with the 

emission limitation under §60.2105, you must install, 

calibrate (to manufacturers' specifications), maintain, and 

operate devices (or establish methods) for monitoring the 

value of the operating parameters used to determine 

compliance with the operating limits listed in table 2 of 

this subpart. These devices (or methods) must measure and 

record the values for these operating parameters at the 

frequencies indicated in table 2 of this subpart at all 

times except as specified in §60.2170(a).

(b) If you use a fabric filter to comply with the 

requirements of this subpart, you must install, calibrate, 
61

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 sound 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 heard by plant 

operating personnel.

(7) For positive pressure fabric filter systems, a bag 

leak detection system must be installed in each baghouse 

compartment or cell. For negative pressure or induced air 

fabric filters, the bag leak detector must be installed 

downstream of the fabric filter.
62

(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 §60.2105, you 

must install, calibrate (to the manufacturers’ 

specifications), maintain, and operate the equipment 

necessary to monitor compliance with the site-specific 

operating limits established using the procedures in 

§60.2115.

(d) If you use activated carbon injection to comply 

with the emission limitations in this subpart, you must 

measure the minimum mercury sorbent flow rate once per 

hour.

(e) If you use selective noncatalytic reduction to 

comply with the emission limitations, you must complete the 

following:

(1) ollowing the date on which the initial performance 

test is completed or is required to be completed under 

§60.2125, 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 unit) or the minimum reagent 

flow rate measured as 3-hour block averages at all times. 

(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.
63

(f) If you use an electrostatic precipitator to comply 

with the emission limits of this subpart, 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, in place of hydrogen chloride 

testing with EPA Method 321 at 40 CFR part 63, appendix A, 

an owner or operator must install, calibrate, maintain, and 

operate a CEMS for monitoring hydrogen chloride emissions 

discharged to the atmosphere and record the output of the 

system. To demonstrate continuous compliance with the 

hydrogen chloride emissions limit for units other than 

waste-burning kilns not equipped with a wet scrubber or dry 

scrubber, a facility may substitute use of a hydrogen 

chloride CEMS for conducting the hydrogen chloride annual 

performance test, monitoring 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, a facility may 

substitute use of a particulate matter CEMS for conducting 

the PM annual performance test and using other CMS for 

monitoring PM compliance (e.g., bag leak detectors, ESP 

secondary power, PM scrubber pressure).

(i) To demonstrate continuous compliance with the 

dioxin/furan emissions limit, a facility may substitute use 

of a continuous automated sampling system for the 

dioxin/furan annual performance test. You must record the 

output of the system and analyze the sample according to 

EPA Method 23 at 40 CFR part 60, appendix A-7 of this part. 

This option to use a continuous automated sampling system
64

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 at 40 

CFR part 60, appendix A-7 must install, calibrate, 

maintain, and operate a continuous automated sampling 

system and must comply with the requirements specified in 

§60.58b(p) and (q). A facility may substitute continous 

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) To demonstrate continuous compliance with the 

mercury emissions limit, a facility may substitute use of a 

continuous automated sampling system for the mercury annual 

performance test. You must record the output of the system 

and analyze the sample at set intervals using any suitable 

determinative technique that can meet performance 

specification 12B. The owner or operator who elects to 

continuously sample mercury emissions instead of sampling 

and testing using EPA Reference Method 29 or 30B at 40 CFR 

part 60, appendix A-8 of this part, ASTM D6784-02 

(Reapproved 2008) (incorporated by reference, see §60.17), 

or an approved alternative method for measuring mercury 

emissions, must install, calibrate, maintain, and operate a 

continuous automated sampling system and must comply with 

performance specification 12A and quality assurance 

procedure 5, as well as the requirements specified in 

§60.58b(p) and (q). A facility may substitute continuous 

mercury monitoring for the minimum sorbent flow rate, if 

activated carbon sorbent injection is used solely for 

compliance with the mercury emission limit.

(k) To demonstrate continuous compliance with the 

nitrogen oxides emissions limit, a facility may substitute 
65

use of a CEMS for the nitrogen oxides annual performance 

test to demonstrate compliance with the nitrogen oxides 

emissions limits and monitoring 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 appendix 

B of this part, the quality assurance procedure one of 

appendix F of this part and the procedures under §60.13 

must be followed for installation, evaluation, and 

operation of the CEMS.

(2) Following the date that the initial performance 

test for nitrogen oxides is completed or is required to be 

completed under §60.2125, compliance with the emission 

limit for nitrogen oxides required under §60.52b(d) must be 

determined based on the 30-day rolling average of the 

hourly emission concentrations using CEMS outlet data. The 

1-hour arithmetic averages must be expressed in parts per 

million by volume corrected to 7 percent oxygen (dry basis) 

and used to calculate the 30-day rolling average 

concentrations. CEMS data during startup and shutdown, as 

defined in this subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content. The 1-

hour arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(l) To demonstrate continuous compliance with the 

sulfur dioxide emissions limit, a facility may substitute 

use of a continuous automated sampling system for the 

sulfur dioxide annual performance test to demonstrate 

compliance with the sulfur dioxide emissions limits. 
66

(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 appendix 

B of this part, the quality assurance requirements of 

procedure one of appendix F of this part and procedures 

under §60.13 must be followed for installation, evaluation, 

and operation of the CEMS.

(2) Following the date that the initial performance 

test for sulfur dioxide is completed or is required to be 

completed under §60.2125, compliance with the sulfur 

dioxide emission limit may be determined based on the 30-

day rolling average of the hourly arithmetic average 

emission concentrations using CEMS outlet data. The 1-hour 

arithmetic averages must be expressed in parts per million 

corrected to 7 percent oxygen (dry basis) and used to 

calculate the 30-day rolling average emission 

concentrations. CEMS data during startup and shutdown, as 

defined in this subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content. The 1-

hour arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(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, or particulate matter CEMS, 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 §60.2105. Energy recovery 

units that use a CEMS to demonstrate initial and continuing 

compliance according to the procedures in §60.2165(n) are 

not required to install a continuous opacity monitoring 

system and must perform the annual performance tests for 
67

the opacity consistent with §60.2145(f).

(1) Install, operate, and maintain each continuous 

opacity monitoring system according to performance 

specification 1 of 40 CFR part 60, appendix B.

(2) Conduct a performance evaluation of each 

continuous opacity monitoring system according to the 

requirements in §60.13 and according to PS-1 of 40 CFR part 

60, appendix B.

(3) As specified in §60.13(e)(1), each continuous 

opacity monitoring system must complete a minimum of one 

cycle of sampling and analyzing for each successive 10-

second period and one cycle of data recording for each 

successive 6-minute period.

(4) Reduce the continuous opacity monitoring system 

data as specified in §60.13(h)(1).

(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 at 40 

CFR part 60, appendix A-3 or, as applicable, monitor with a 

particulate matter CPMS according to paragraph (r) of this 

section, must install, calibrate, maintain, and operate a 

CEMS and must comply with the requirements specified in 

paragraphs (n)(1) through (n)(13) of this section. 
68

(1) Notify the Administrator 1 month before starting 

use of the system. 

(2) Notify the Administrator 1 month before stopping 

use of the system.

(3) The monitor must be installed, evaluated, and 

operated in accordance with the requirements of performance 

specification 11 of appendix B of this part and quality 

assurance requirements of procedure two of appendix F of 

this part and §60.13. Use Method 5 or Method 5I of 

Appendix A of this part for the PM CEMS correlation 

testing. 

(4) The initial performance evaluation must be 

completed no later than 180 days after the date of initial 

startup of the affected facility, as specified under 

§60.2125 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 performance tests, whichever is later.

(5) 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 

§60.2145(s)(5)(i) through (s)(5)(iv).

(6) The owner or operator of an affected facility must 

conduct an initial performance test for particulate matter 

emissions as required under §60.2125. Compliance with the 

particulate matter emission limit, if PM CEMS are elected 

for demonstrating compliance, must be determined by using 

the CEMS specified in paragraph (n) of this section to 
69

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 defined in this subpart, using Equation 19-19 

in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 

60, appendix A-7. 

(7) 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 at 40 CFR part 60, appendix A-7 

from the 1-hour arithmetic average CEMS outlet data.

(8) At a minimum, valid continuous monitoring system 

hourly averages must be obtained as specified in 

§60.2170(e).

(9) The 1-hour arithmetic averages required under 

paragraph (n)(7) of this section must be expressed in 

milligrams per dry standard cubic meter corrected to 7 

percent oxygen (dry basis) and must be used to calculate 

the 30-day rolling average emission concentrations. CEMS 

data during startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 1-hour arithmetic 

averages must be calculated using the data points required 

under §60.13(e)(2).

(10) All valid CEMS data must be used in calculating 

average emission concentrations even if the minimum CEMS 

data requirements of paragraph (n)(8) of this section are 

not met.

(11) The CEMS must be operated according to 

performance specification 11 in appendix B of this part. 

(12) During each relative accuracy test run of the 
70

CEMS required by performance specification 11 in appendix B 

of this part, particulate matter and oxygen (or carbon 

dioxide) data must be collected concurrently (or within a 

30- to 60-minute period) by both the CEMS and the following 

test methods.

(i) For particulate matter, EPA Reference Method 5 

must be used. 

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3A or 3B, as applicable, must be used. 

(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance 

with procedure 2 in appendix F of this part. 

(o) To demonstrate continuous compliance with the 

carbon monoxide emissions limit, you must use a continuous 

automated sampling system.

(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 4B of appendix 

B of this part, the quality assurance procedure 1 of 

appendix F of this part and the procedures under §60.13 

must be followed for installation, evaluation, and

operation of the CEMS.

(2) Following the date that the initial performance 

test for carbon monoxide is completed or is required to be 

completed under §60.2140, compliance with the carbon 

monoxide emission limit may 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. Except for CEMS data during startup and shutdown, as 
71

defined in this subpart, the 1-hour arithmetic averages 

must be expressed in parts per million corrected to 7 

percent oxygen (dry basis) and used to calculate the 30-day 

rolling average emission concentrations. CEMS data during 

startup and shutdown, as defined in this subpart, are not 

corrected to 7 percent oxygen, and are measured at stack 

oxygen content. The 1-hour arithmetic averages must be 

calculated using the data points required under 

§60.13(e)(2). 

(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 design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 

carbon monoxide CEMS, you must install, operate, and 

maintain a oxygen analyzer system as defined in §60.2265 

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 §60.2675. 

(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) or this 

section is not below the lowest hourly average oxygen 

concentration measured during the most recent CO 

performance test.
72

(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 Appendix A-7 

of this part.

(r) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour 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. If you elect to use a particulate matter CEMS as 

specified in paragraph (n) of this section, you are not 

required to use a PM CPMS to monitor particulate matter 

emissions. 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, ESP secondary 

power, PM scrubber pressure)

(1) Install, calibrate, operate, and maintain your PM 

CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with 

§60.2145(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 

detection of PM in the exhaust gas or representative 

sample. The reportable measurement output from the PM CPMS 

must be expressed as milliamps.

(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of no 
73

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 

§60.2110.

(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 millamps.

(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).

(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 
74

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);

(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; and
75

(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 and to verify. 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.

(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.

§60.2170 Is there a minimum amount of monitoring data I 

must obtain?

For each continuous monitoring system required or 

optionally allowed under §60.2165, you must 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 60.2210(o) of this part), and 
76

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 or out-of-control periods, repairs 

associated with monitoring system malfunctions or out-ofcontrol 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 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.

(a) Except for monitor malfunctions, associated 
77

repairs, and required quality assurance or quality control 

activities (including, as applicable, calibration checks 

and required zero and span adjustments of the monitoring 

system), you must conduct all monitoring at all times the 

CISWI unit is operating.

(b) Do not use data recorded during monitor 

malfunctions, associated repairs, and required quality 

assurance or quality control activities for meeting the 

requirements of this subpart, including data averages and 

calculations. You must use all the data collected during 

all ` other periods in assessing compliance with the 

operating limits.

Recordkeeping and Reporting

§60.2175 What records must I keep?

You must maintain the fourteen items (as applicable) 

as specified in paragraphs (a), (b), and (e) through (nx) 

of this section for a period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in paragraphs 

(b)(1) through (6) of this section:

(1) The CISWI unit charge dates, times, weights, and 

hourly charge rates.

(2) Liquor flow rate to the wet scrubber inlet every 

15 minutes of operation, as applicable.

(3) Pressure drop across the wet scrubber system 

every 15 minutes of operation or amperage to the wet 

scrubber every 15 minutes of operation, as applicable.

(4) Liquor pH as introduced to the wet scrubber every 
78

15 minutes of operation, as applicable.

(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under 

§60.2110(d) through (g) or §60.2115, 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.

(6) If a fabric filter is used to comply with the 

emission limitations, you must record the date, time, and 

duration of each alarm and the time corrective action was 

initiated and completed, and a brief description of the 

cause of the alarm and the corrective action taken. You 

must also record the percent of operating time during each 

6-month period that the alarm sounds, calculated as 

specified in §60.2110(c).

(c) [Reserved]

(d) [Reserved]

(c) Identification of calendar dates and times for 

which monitoring systems used to monitor operating limits 

were inoperative, inactive, malfunctioning, or out of 

control (except for downtime associated with zero and span 

and other routine calibration checks). Identify the 

operating parameters not measured, the duration, reasons 

for not obtaining the data, and a description of corrective 

actions taken.

(d) Identification of calendar dates, times, and 

durations of malfunctions, and a description of the 

malfunction and the corrective action taken.
79

(e) Identification of calendar dates and times for 

which data show a deviation from the operating limits in 

table 2 of this subpart or a deviation from other operating 

limits established under §60.2110(d) through (g) or 

§60.2115 with a description of the deviations, reasons for 

such deviations, and a description of corrective actions 

taken.

(f) The results of the initial, annual, and any 

subsequent performance tests conducted to determine 

compliance with the emission limits and/or to establish 

operating limits, as applicable. Retain a copy of the 

complete test report including calculations.

(g) All documentation produced as a result of the 

siting requirements of §§60.2045 and 60.2050.

(h) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2095(a) 

as required by §60.2095(b), including the date of the 

initial review and all subsequent annual reviews.

(i) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2070, met the criteria for qualification under 

§60.2080, and maintained or renewed their qualification 

under §60.2085 or §60.2090. Records must include 

documentation of training, the dates of the initial and 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(j) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours.

(k) Records of calibration of any monitoring devices 

as required under §60.2165.
80

(l) Equipment vendor specifications and related 

operation and maintenance requirements for the incinerator, 

emission controls, and monitoring equipment.

(m) The information listed in §60.2095(a).

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

waste burned and the types of waste burned (always 

required).

(o) Maintain records of the annual air pollution 

control device inspections that are required for each CISWI 

unit subject to the emissions limits in table 1 of this 

subpart or tables 5 through 8 of 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.

(p) For continuously monitored pollutants or 

parameters, you must document and keep a record of the 

following parameters measured using continuous monitoring 

systems.

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur 

dioxide emissions.

(3) All 1-hour average concentrations of nitrogen 

oxides emissions.

(4) All 1-hour average concentrations of carbon 

monoxide emissions. You must indicate which data are CEMS 

data during startup and shutdown.

(5) All 1-hour average concentrations of particulate 

matter emissions.
81

(6) All 1-hour average concentrations of mercury 

emissions.

(7) All 1-hour average concentrations of hydrogen 

chloride emissions.

(8) All 1-hour average percent oxygen concentrations.

(9) All 1-hour average PM CPMS readings or particulate 

matter CEMS outputs.

(q) Records indicating use of the bypass stack, 

including dates, times, and durations.

(r) If you choose to stack test less frequently than 

annually, consistent with §60.2155(a) through (c), 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.

(s) Records of the occurrence and duration of each 

malfunction of operation (i.e., process equipment) or the 

air pollution control and monitoring equipment.

(t) Records of all required maintenance performed on 

the air pollution control and monitoring equipment.

(u) Records of actions taken during periods of 

malfunction to minimize emissions in accordance with 

§60.11(d), including corrective actions to restore 

malfunctioning process and air pollution control and 

monitoring equipment to its normal or usual manner of 

operation.
82

(v) For operating units that combust non-hazardous 

secondary materials that have been determined not to be 

solid waste pursuant to §241.3(b)(1) of this chapter, you 

must keep a record which documents how the secondary 

material meets each of the legitimacy criteria under 

§241.3(d)(1). If you combust a fuel that has been processed 

from a discarded non-hazardous secondary material pursuant 

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

to how the operations that produced the fuel satisfies the 

definition of processing in §241.2 and each of the 

legitimacy criteria of §241.3(d)(1) of this chapter. If the 

fuel received a non-waste determination pursuant to the 

petition process submitted under §241.3(c) of this chapter, 

you must keep a record that documents how the fuel 

satisfies the requirements of the petition process. For 

operating units that combust non-hazardous secondary 

materials as fuel per §241.4, you must keep records 

documenting that the material is a listed non-waste under 

§241.4(a).

(w) 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.

(x) 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.

§60.2180 Where and in what format must I keep my records?

All records must be available onsite in either paper 

copy or computer-readable format that can be printed upon 
83

request, unless an alternative format is approved by the 

Administrator.

§60.2185 What reports must I submit?

See table 4 of this subpart for a summary of the 

reporting requirements.

§60.2190 What must I submit prior to commencing 

construction?

You must submit a notification prior to commencing 

construction that includes the five items listed in 

paragraphs (a) through (e) of this section.

(a) A statement of intent to construct.

(b) The anticipated date of commencement of 

construction.

(c) All documentation produced as a result of the 

siting requirements of §60.2050.

(d) The waste management plan as specified in 

§§60.2055 through 60.2065.

(e) Anticipated date of initial startup.

§60.2195 What information must I submit prior to initial 

startup?

You must submit the information specified in 

paragraphs (a) through (e) of this section prior to initial 

startup.

(a) The type(s) of waste to be burned.
84

(b) The maximum design waste burning capacity.

(c) The anticipated maximum charge rate.

(d) If applicable, the petition for site-specific 

operating limits under §60.2115.

(e) The anticipated date of initial startup.

§60.2200 What information must I submit following my 

initial performance test?

You must submit the information specified in 

paragraphs (a) through (c) of this section no later than 60 

days following the initial performance test. All reports 

must be signed by the facilities manager.

(a) The complete test report for the initial 

performance test results obtained under §60.2135, as 

applicable.

(b) The values for the site-specific operating limits 

established in §60.2110 or §60.2115.

(c) If you are using a fabric filter to comply with 

the emission limitations, documentation that a bag leak 

detection system has been installed and is being operated, 

calibrated, and maintained as required by §60.2165(b).

§60.2205 When must I submit my annual report?

You must submit an annual report no later than 12 

months following the submission of the information in 

§60.2200. You must submit subsequent reports no more than 
85

12 months following the previous report. (If the unit is 

subject to permitting requirements under title V of the 

Clean Air Act, you may be required by the permit to submit 

these reports more frequently.)

§60.2210 What information must I include in my annual 

report?

The annual report required under §60.2205 must include 

the ten items listed in paragraphs (a) through (j) of this 

section. If you have a deviation from the operating limits 

or the emission limitations, you must also submit deviation 

reports as specified in §§60.2215, 60.2220, and 60.2225.

(a) Company name and address.

(b) Statement by a responsible official, with that 

official's name, title, and signature, certifying the 

accuracy of the content of the report.

(c) Date of report and beginning and ending dates of 

the reporting period.

(d) The values for the operating limits established 

pursuant to §60.2110 or §60.2115.

(e) If no deviation from any emission limitation or 

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting 

period, and that no monitoring system used to determine 

compliance with the operating limits was inoperative, 

inactive, malfunctioning or out of control.

(f) The highest recorded 3-hour average and the lowest 

recorded 3-hour average, as applicable, for each operating 
86

parameter recorded for the calendar year being reported.

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

through (e) for the calendar year being reported.

(h) If a performance test was conducted during the 

reporting period, the results of that test.

(i) If you met the requirements of §60.2155(a) or (b), 

and did not conduct a performance test during the reporting 

period, you must state that you met the requirements of 

§60.2155(a) or (b), and, therefore, you were not required 

to conduct a performance test during the reporting period.

(j) Documentation of periods when all qualified CISWI 

unit operators were unavailable for more than 8 hours, but 

less than 2 weeks.

(k) If you had a malfunction during the reporting 

period, the compliance report must include the number, 

duration, and a brief description for each type of 

malfunction that occurred during the reporting period and 

that caused or may have caused any applicable emission 

limitation to be exceeded. The report must also include a 

description of actions taken by an owner or operator during 

a malfunction of an affected source to minimize emissions 

in accordance with §60.11(d), including actions taken to 

correct a malfunction.

(l) For each deviation from an emission or operating 

limitation that occurs for a CISWI unit for which you are 

not using a continuous monitoring system to comply with the 

emission or operating limitations in this subpart, the 

annual report must contain the following information.

(1) The total operating time of the CISWI unit at 

which the deviation occurred during the reporting period.
87

(2) Information on the number, duration, 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 unit 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 date, time, and duration that each CMS was 

inoperative, except for zero (low-level) and high-level 

checks.

(3) The date, time, and duration that each continuous 

monitoring system was out-of-control, including start and 

end dates and hours 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 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 of the 

deviations during the reporting period into those that are 

due to control equipment problems, process problems, other 
88

known causes, and other unknown causes.

(7) A summary of the total duration 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 unit 

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 unit.

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring 

system. 

(11) The date of the latest continuous monitoring 

system certification or audit.

(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. 

(o) A continuous monitoring system is out of control 

in accordance with the procedure in 40 CFR part 60, 

appendix F of this part, as 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 
89

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.

(3) The continuous opacity monitoring system 

calibration drift exceeds two times the limit in the 

applicable performance specification in the relevant 

standard.

§60.2215 What else must I report if I have a deviation 

from the operating limits or the emission limitations?

(a) You must submit a deviation report if any recorded 

3-hour average parameter level is above the maximum 

operating limit or below the minimum operating limit 

established under this subpart, if the bag leak detection 

system alarm sounds for more than 5 percent of the 

operating time for the 6-month reporting period, or if a 

performance test was conducted that deviated from any 

emission limitation.

(b) The deviation report must be submitted by August 1 

of that year for data collected during the first half of 

the calendar year (January 1 to June 30), and by February 1 

of the following year for data you collected during the 

second half of the calendar year (July 1 to December 31).

§60.2220 What must I include in the deviation report?

In each report required under §60.2215, for any 
90

pollutant or parameter that deviated from the emission 

limitations or operating limits specified in this subpart, 

include the six items described in paragraphs (a) through 

(f) of this section.

(a) The calendar dates and times your unit deviated 

from the emission limitations or operating limit 

requirements.

(b) The averaged and recorded data for those dates.

(c) Durations and causes of the following:

(1) Eacheach deviation from emission limitations or 

operating limits and your corrective actions.

(2) Bypass events and your corrective actions.

(d) A copy of the operating limit monitoring data 

during each deviation and any test report that documents 

the emission levels.

(e) [Removed]

(f) [Removed]

(e) The dates, times, number, duration, and causes 

for monitor downtime incidents (other than downtime 

associated with zero, span, and other routine calibration 

checks).

(f) Whether each deviation occurred during a period 

of startup, shutdown, or malfunction, or during another 

period.

§60.2225 What else must I report if I have a deviation 
91

from the requirement to have a qualified operator 

accessible?

(a) If all qualified operators are not accessible for 

2 weeks or more, you must take the two actions in 

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

(1) Submit a notification of the deviation within 10 

days that includes the three items in paragraphs (a)(1)(i) 

through (iii) of this section.

(i) A statement of what caused the deviation.

(ii) A description of what you are doing to ensure 

that a qualified operator is accessible.

(iii) The date when you anticipate that a qualified 

operator will be available.

(2) Submit a status report to the Administrator every 

4 weeks that includes the three items in paragraphs 

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

(i) A description of what you are doing to ensure that 

a qualified operator is accessible.

(ii) The date when you anticipate that a qualified 

operator will be accessible.

(iii) Request approval from the Administrator to 

continue operation of the CISWI unit.

(b) If your unit was shut down by the Administrator, 

under the provisions of §60.2100(b)(2), due to a failure to 

provide an accessible qualified operator, you must notify 

the Administrator that you are resuming operation once a 

qualified operator is accessible.
92

§60.2230 Are there any other notifications or reports 

that I must submit?

(a) Yes. You must submit notifications as provided by 

§60.7.

(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 

60.2145(a). The notification must identify:

(1) The name of the owner or operator of the CISWI 

unit, 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 40 CFR part 63 subpart and subcategory 

that will be applicable after you cease combusting solid 

waste;

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

waste(s) the CISWI unit is currently combusting and has 

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(4) The date on which you became subject to the 

currently applicable emission limits;

(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 (2) and (3)) of this section. 
93

§60.2235 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.

(b) Submit results of performance tests and CEMS 

performance evaluation tests as follows. 

(1) Within 60 days after the date of completing each 

performance test as required by this subpart, you must 

submit the results of the performance tests required by 

this subpart to EPA’s WebFIRE database by using the 

Compliance and Emissions Data Reporting Interface (CEDRI) 

that is accessed through EPA’s Central Data Exchange 

(CDX)(www.epa.gov/cdx). Performance test data must be 

submitted in the file format generated through use of EPA’s 

Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/index.html). Only data 

collected using test methods on the ERT website are subject 

to this requirement for submitting reports electronically 

to WebFIRE. Owners or operators who claim that some of the 

information being submitted for performance tests is 

confidential business information (CBI) must submit a 

complete ERT file including information claimed to be CBI 

on a compact disk, flash drive, or other commonly used 

electronic storage media to EPA. The electronic media must 

be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE 

CBI Office, Attention: WebFIRE Administrator, MD C404-02, 

4930 Old Page Rd., Durham, NC 27703. The same ERT file 

with the CBI omitted must be submitted to EPA via CDX as 

described earlier in this paragraph. At the discretion of 

the delegated authority, you must also submit these 

reports, including the confidential business information, 

to the delegated authority in the format specified by the 

delegated authority. For any performance test conducted 
94

using test methods that are not listed on the ERT website, 

the owner or operator shall submit the results of the 

performance test in paper submissions to the Administrator.

(2) Within 60 days after the date of completing each 

CEMS performance evaluation test, as defined in this 

subpart and required by this subpart, you must submit the 

relative accuracy test audit (RATA) data electronically 

into EPA’s Central Data Exchange by using CEDRI as 

mentioned in paragraph (b)(1) of this section. Only RATA 

pollutants that can be documented with the ERT (as listed 

on the ERT website) are subject to this requirement. For 

any performance evaluations with no corresponding RATA 

pollutants listed on the ERT website, the owner or operator 

shall submit the results of the performance evaluation in 

paper submissions to the Administrator.

§60.2240 Can reporting dates be changed?

If the Administrator agrees, you may change the 

semiannual or annual reporting dates. See §60.19(c) for 

procedures to seek approval to change your reporting date.

Title V Operating Permits

§60.2242 Am I required to apply for and obtain a Ttitle V 

operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator 

subject to standards under this subpart must operate 

pursuant to a permit issued under section 129(e) and Ttitle 

V of the Clean Air Act. by the later of the two dates in 

paragraphs (a) and (b) of this section.
95

(a) Thirty-six months after December 1, 2000.

(b) The effective date of the title V permit program 

to which your unit is subject. If your unit is subject to 

title V as a result of some triggering requirement(s) other 

than this subpart (for example, being a major source), then 

your unit may be required to apply for and obtain a title V 

permit prior to the deadlines noted above. If more than one 

requirement triggers the requirement to apply for a title V 

permit, the 12-month timeframe for filing a title V 

application is triggered by the requirement which first 

causes the source to be subject to title V.

Air Curtain Incinerators

§60.2245 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully 

projecting a curtain of air across an open chamber or open 

pit in which combustion occurs. Incinerators of this type 

can be constructed above or below ground and with or 

without refractory walls and floor. (Air curtain 

incinerators are not to be confused with conventional 

combustion devices with enclosed fireboxes and controlled 

air technology such as mass burn, modular, and fluidized 

bed combustors.)

(b) Air curtain incinerators that burn only the 

materials listed in paragraphs (b)(1) through (3) of this 

section are only required to meet the requirements under 

“Air Curtain Incinerators” (§§60.2245 through 60.2260).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.
96

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste.

§60.2250 What are the emission limitations for air 

curtain incinerators?

(a) Within 60 days after your air curtain incinerator 

reaches the charge rate at which it will operate, but no 

later than 180 days after its initial startup, you must 

meet the two limitations specified in paragraphs (a)(1) and 

(b2) 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.

(1) The opacity limitation is 10 percent (6-minute 

average), except as described in paragraph (a)(2) of this 

section.

(2) The opacity limitation is 35 percent (6-minute 

average) during the startup period that is within the first 

30 minutes of operation.

(b) Except during malfunctions, the requirements of 

this subpart apply at all times, and each malfunction must 

not exceed 3 hours.
97

§60.2255 How must I monitor opacity for air curtain 

incinerators?

(a) Use Method 9 of appendix A of this part to 

determine compliance with the opacity limitation.

(b) Conduct an initial test for opacity as specified 

in §60.8.

(c) After the initial test for opacity, conduct annual 

tests no more than 12 calendar months following the date of 

your previous test.

§60.2260 What are the recordkeeping and reporting 

requirements for air curtain incinerators?

(a) Prior to commencing construction on your air 

curtain incinerator, submit the three items described in 

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

(1) Notification of your intent to construct the air 

curtain incinerators.

(2) Your planned initial startup date.

(3) Types of materials you plan to burn in your air 

curtain incinerator.

(b) Keep records of results of all initial and annual 

opacity tests onsite in either paper copy or electronic 

format, unless the Administrator approves another format, 

for at least 5 years.

(c) Make all records available for submittal to the 
98

Administrator or for an inspector's onsite review.

(d) You must submit the results (as determined by the 

average of three 1-hour blocks consisting of ten each 6-

minute average opacity values) of the initial opacity tests 

no later than 60 days following the initial test. Submit 

annual opacity test results within 12 months following the 

previous report.

(e) Submit initial and annual opacity test reports as 

electronic or paper copy on or before the applicable 

submittal date.

(f) Keep a copy of the initial and annual reports 

onsite for a period of 5 years.

Definitions

§60.2265 What definitions must I know?

Terms used but not defined in this subpart are defined 

in the Clean Air Act and subpart A (General Provisions) of 

this part.

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.

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.

Affirmative defense means, in the context of an 
99

enforcement proceeding, a response or defense put forward 

by a defendant, regarding which the defendant has the 

burden of proof, and the merits of which are independently 

and objectively evaluated in a judicial or administrative 

proceeding.

Agricultural waste means vegetative agricultural 

materials such as nut and grain hulls and chaff (e.g., 

almond, walnut, peanut, rice, and wheat), bagasse, orchard 

prunings, corn stalks, coffee bean hulls and grounds, and 

other vegetative waste materials generated as a result of 

agricultural operations.

Air curtain incinerator means an incinerator that 

operates by forcefully projecting a curtain of air across 

an open chamber or pit in which combustion occurs. 

Incinerators of this type can be constructed above or below 

ground and with or without refractory walls and floor. (Air 

curtain incinerators are not to be confused with 

conventional combustion devices with enclosed fireboxes and 

controlled air technology such as mass burn, modular, and 

fluidized bed combustors.)

Annual heat input means the heat input for the 12 

months preceding the compliance demonstration.

Auxiliary fuel means natural gas, liquified 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, 
100

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 three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or 

October 1.

Calendar year means 365 consecutive days starting on 

January 1 and ending on December 31.

CEMS data during startup and shutdown means the 

following:

(1) For incinerators, small remote incinerators, and 

energy recovery units: CEMS data collected during the first 

hours of a CISWI unit startup from a cold start until waste 

is fed to the unit and the hours of operation following the 

cessation of waste material being fed to the CISWI unit 

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.
101

(2) For waste-burning kilns: CEMS data collected 

during the periods of kiln operation that do not include 

normal operations. Startup begins when the kiln’s induced 

fan is turned on and continues until continuous feed is 

introduced into the kiln, at which time the kiln is in 

normal operating mode. Shutdown begins when feed to the 

kiln is halted.

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. 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.
102

(7) Units burning only photographic film to recover 

silver.

Chemotherapeutic waste means waste material resulting 

from the production or use of antineoplastic agents used 

for the purpose of stopping or reversing the growth of 

malignant cells.

Clean lumber means wood or wood products that have 

been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood 

products that have been painted, pigment-stained, or 

pressure-treated by compounds such as chromate copper 

arsenate, pentachlorophenol, and creosote.

Commercial and industrial solid waste incineration 

(CISWI) unit means any combustion unit that combusts 

commercial or industrial waste (as defined in this 

subpart), that is a distinct operating unit of any 

commercial or industrial facility (including field erected, 

modular, and custom built incineration units operating with 

starved or excess air), and any air curtain incinerator 

that is a distinct operating unit of any commercial or 

industrial facility that does not comply with the opacity 

limits under this subpart applicable to air curtain 

incinerators burning commercial or industrial waste. that 

combusts, or has combusted in the preceding 6 months, any 

solid waste as that term is defined in 40 CFR part 241. If 

the operating unit burns materials other than traditional 

fuels as defined in §241.2 that have been discarded, and 

you do not keep and produce records as required by 

§60.2175(v), the operating unit is a CISWI unit. While not 

all CISWI units will include all of the following 

components, a CISWI unit includes, but is not limited to,

the commercial or industrial the solid waste feed system, 

grate system, flue gas system, waste heat recovery 
103

equipment, if any, and bottom ash system. The CISWI unit 

does not include air pollution control equipment or the 

stack. The CISWI unit boundary starts at the commercial or 

industrial 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 unit includes all ash handling 

systems connected to the bottom ash handling system. A 

CISWI unit does not include any of the fifteen types of 

units described in §60.2555 of this subpart, nor does it 

include any combustion turbine or reciprocating internal 

combustion engine.

Commercial or industrial waste means solid waste (as 

defined in this subpart) that is combusted at any 

commercial or industrial facility using controlled flame 

combustion in an enclosed, distinct operating unit: Whose 

design does not provide for energy recovery (as defined in 

this subpart); or operated without energy recovery (as 

defined in this subpart). Commercial or industrial waste 

also means solid waste (as defined in this subpart) 

combusted in an air curtain incinerator that is a distinct 

operating unit of any commercial or industrial facility.

Contained gaseous material means gases that are in a 

container when that container is combusted.

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.
104

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 burner means a combustion device 

for waste materials that is attached to a 55 gallon, openhead drum. The device consists of a lid, which fits onto 

and encloses the drum, and a blower that forces combustion 

air into the drum in a cyclonic manner to enhance the 

mixing of waste material and air. 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.;

(2) Fails to meet any term or condition that is 

adopted to implement an applicable requirement in this 

subpart and that is included in the operating permit for 

any affected source required to obtain such a permit; or.

(3) Fails to meet any emission limitation, operating 

limit, or operator qualification and accessibility 

requirement in this subpart during startup, shutdown, or 

malfunction, regardless or whether or not such failure is 

permitted by this subpart.
105

Dioxins/furans means tetra- through 

octachlorinatedocta-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 that term is defined by the 

Administrator in 40 CFR 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.
106

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, 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 that term is defined by the 

Administrator in 40 CFR 241) for the purpose of reducing 

the volume of the waste by removing combustible matter. 

Incinerator designs include single chamber and, twochamber. 

Kiln means an oven or furnace, including any 

associated preheater or precalciner devices, 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 
107

Portland Ccement.

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 

byproduct material as defined by the Atomic Energy Act of 

1954 (42 U.S.C. 2014(e)(2)).

Malfunction means any sudden, infrequent, and not 

reasonably preventable failure of air pollution control 

equipment, process equipment, or a process to operate in a 

normal or usual manner. Failures that are caused, in part, 

by poor maintenance or careless operation are not 

malfunctions.

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.
108

Modification or modified CISWI unit means a CISWI unit 

that has been you have changed later than June 1, 2001 [THE 

DATE SIX MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER] and that meets one of two criteria:

(1) The cumulative cost of the changes over the life 

of the unit exceeds 50 percent of the original cost of 

building and installing the CISWI unit (not including the 

cost of land) updated to current costs (current dollars). 

To determine what systems are within the boundary of the 

CISWI unit used to calculate these costs, see the 

definition of CISWI unit.

(2) Any physical change in the CISWI unit or change 

in the method of operating it that increases the amount of 

any air pollutant emitted for which section 129 or section 

111 of the Clean Air Act has established standards.

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 
109

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 12:00 

midnight and the following midnight during which any amount 

of solid waste is combusted at any time in the CISWI unit.

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 or 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. 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.

Part reclamation unit means a unit that burns coatings 

off parts (e.g., tools, equipment) so that the parts can be 

reconditioned and reused.

Particulate matter means total particulate matter 

emitted from CISWI units as measured by Method 5 or Method 

29 of appendix A of this part.

Pathological waste means waste material consisting of 
110

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 unit which may increase the emission 

rate of any air pollutant to which a standard applies;

(2) An operational change to the CISWI unit 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 unit (e.g., 

replacing an electrostatic precipitator with a fabric 

filter);

(4) An operational change to the air pollution control 

devices used to comply with the emission limits for the 

affected CISWI unit (e.g., change in the sorbent injection 

rate used for activated carbon injection).
111

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 unit and 

meeting two criteria:

(1) The reconstruction begins on or after June 1, 

2001.

(2) The cumulative cost of the construction over the 

life of the incineration unit exceeds 50 percent of the 

original cost of building and installing the CISWI unit 

(not including land) updated to current costs (current 

dollars). To determine what systems are within the 

boundary of the CISWI unit used to calculate these costs, 

see the definition of CISWI unit.

Refuse-derived fuel means a type of municipal solid 

waste produced by processing municipal solid waste through 

shredding and size classification. This includes all 

classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through 

densified refuse-derived fuel.

(2) Pelletized refuse-derived fuel.
112

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:

(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 part, 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 in so far as 

actions, standards, requirements, or prohibitions under 

Title IV of the Clean Air Act or the regulations 

promulgated thereunder are concerned; or
113

(ii) The designated representative for any other 

purposes under part 60.

Shutdown means 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 that term is defined by the 

Administrator in 40 CFR 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 treatement 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 

40 CFR 241.2.any garbage, refuse, sludge from a waste 

treatment plant, water supply treatment plant, or air 

pollution control facility and other discarded material, 

including solid, liquid, semisolid, or contained gaseous 

material resulting from industrial, commercial, mining, 

agricultural operations, and from community activities, but 

does not include solid or dissolved material in domestic 

sewage, or solid or dissolved materials in irrigation 

return flows or industrial discharges which are point 

sources subject to permits under section 402 of the Federal 

Water Pollution Control Act, as amended (33 U.S.C. 1342), 

or source, special nuclear, or byproduct material as 

defined by the Atomic Energy Act of 1954, as amended (42 

U.S.C. 2014).

Solid waste incineration unit means a distinct 

operating unit of any facility which combusts any solid 
114

waste (as that term is 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). Such term 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 40 CFR 279.23. 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 
115

measure, means a temperature of 68 °F (20 °C) and a 

pressure of 1 atmosphere (101.3 kilopascals).

Startup period means the period of time between the 

activation of the system and the first charge to the unit.

Waste-burning kiln means a kiln that is heated, in 

whole or in part, by combusting solid waste (as that term 

is 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 usesutilizes an aqueous or alkaline scrubbing 

liquor to collect particulate matter (including nonvaporous 

metals and condensed organics) and/or to absorb and 

neutralize acid gases.

Wood waste means untreated wood and untreated wood 

products, including tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, sawdust, chips, 

scraps, slabs, millings, and shavings. Wood waste does not 

include:

(1) Grass, grass clippings, bushes, shrubs, and 

clippings from bushes and shrubs from residential, 

commercial/retail, institutional, or industrial sources as 

part of maintaining yards or other private or public lands.

(2) Construction, renovation, or demolition wastes.

(3) Clean lumber.

Table 1 to Subpart CCCC of Part 60—Emission Limitations for 
116

CISWI Units for Which Construction Is Commenced After 

November 30, 1999, but no later than June 4, 2010, or for 

Which Modification or Reconstruction Is Commenced on or 

After June 1, 2001, but no later than [THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER].

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging time

And 

determining 

compliance 

using this 

method

Cadmium 0.004 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic 

meter per run)(1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

29 at 40 CFR 

part 60, of

appendix A-8

of this 

part).

Carbon monoxide 157 parts 

per million 

by dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

10 at 40 CFR 

part 60, 

appendix A4). 

Performance 

test (Method 

10, 10A, or 

10B of 

appendix A of 

this part).

Dioxins/Ffurans

(toxic 

0.41 

nanograms 

3-run average 

(collect a minimum 

Performance 

test (Method 
117

equivalency 

basis)

per dry 

standard 

cubic meter

volume of 4 dry 

standard cubic 

meters per run)(1 

hour minimum 

sample time per 

run)

23 of 

appendix A-7

of this 

part).

Hydrogen 

chloride

62 parts per 

million by 

dry volume

3-run average (For 

Method 26, collect 

a minimum volume 

of 120 liters per 

run. For Method 

26A, collect a 

minimum volume of 

1 dry standard 

cubic meter per 

run)(1 hour 

minimum sample 

time per run)

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60, of

appendix A-8

of this 

part).

Lead 0.04 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic 

meter per run)(1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

29 at 40 CFR 

part 60,of

appendix A-8

of this 

part).

Mercury 0.47 

milligrams 

per dry 

standard 

cubic meter

3-run average (For 

Method 29 and ASTM 

D6784-02 

(Reapproved 

2008)b, collect a 

minimum volume of 

1 dry standard 

cubic meter per 

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60, of

appendix A-8

of this part) 

or ASTM 
118

run. For Method 

30B, collect a 

minimum sample as 

specified in 

Method 30B at 40 

CFR part 60, 

appendix A)(1 hour 

minimum sample 

time per run)

D6784-02 

(Reapproved 

2008)b.

Opacity 10 percent Three 1-hour 

blocks consisting 

of ten 6-minute 

averages opacity 

values6-minute 

averages

Performance 

test (Method 

9 at 40 CFR 

part 60,of

appendix A-4

of this 

part).

Oxides of 

nitrogenNitrogen 

Oxides

388 parts 

per million 

by dry 

volume

3-run average (for 

Method 7E, 1 hour 

minimum sample 

time per run)

Performance 

test (Method 

7, 7A, 7C, 

7D, or 7E at 

40 CFR part 

60, of

appendix A-4

of this 

part).

Particulate 

matter

70 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic 

meter per run)(1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

5 or 29 at 40 

CFR part 

60,of

appendix A-3 

or A-8 of 

this part).
119

Sulfur dDioxide 20 parts per 

million by 

dry volume

3-run average (For 

Method 6, collect 

a minimum volume 

of 20 liters per 

run. For Method 

6C, collect sample 

for a minimum 

duration of 1 hour 

per run)(1 hour 

minimum sample 

time per run)

Performance 

test (Method 

6 or 6Cc at 

40 CFR part 

60,of

appendix A-4

of this 

part).

a All emission limitations (except for opacity) are 

measured at 7 percent oxygen, dry basis at standard 

conditions.

b Incorporated by reference, see §60.17.

Table 2 to Subpart CCCC of Part 60—Operating Limits for Wet 

Scrubbers

For these 

operating

parameters

You must 

establish 

these 

operating 

limits

And monitoring using these minimum 

frequencies

Data 

measurement

Data 

recording Averaging time

Charge rate Maximum 

charge 

rate

Continuous Every 

hour

Daily (batch 

units) 3-hour 

rolling 

(continuous 

and 

intermittent 

units)a
120

Pressure 

drop across 

the wet 

scrubber or 

amperage to 

wet scrubber

Minimum 

pressure 

drop or 

amperage

Continuous Every 15 

minutes

3-hour 

rollinga

Scrubber 

liquor flow 

rate

Minimum 

flow rate

Continuous Every 15 

minutes

3-hour 

rollinga

Scrubber 

liquor pH

Minimum pH Continuous Every 15 

minutes

3-hour 

rollinga

a Calculated each hour as the average of the previous 3 

operating hours.

Table 3 to Subpart CCCC of Part 60—Toxic Equivalency 

Factors

Dioxin/furan congener

Toxic equivalency 

factor

2,3,7,8-tetrachlorinated dibenzo-pdioxin1

1,2,3,7,8-pentachlorinated dibenzo-pdioxin0.5

1,2,3,4,7,8-hexachlorinated dibenzo-pdioxin0.1

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin0.1

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin0.1
121

1,2,3,4,6,7,8-heptachlorinated dibenzop-dioxin0.01

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

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

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

1,2,3,4,7,8-hexachlorinated 

dibenzofuran

0.1

1,2,3,6,7,8-hexachlorinated 

dibenzofuran

0.1

1,2,3,7,8,9-hexachlorinated 

dibenzofuran

0.1

2,3,4,6,7,8-hexachlorinated 

dibenzofuran

0.1

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran

0.01

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran

0.01

octachlorinated dibenzofuran 0.001

Table 4 to Subpart CCCC of Part 60—Summary of Reporting

Requirementsa

Report Due date Contents Reference

Preconstruction 

report

Prior to 

commencing 

construction

• Statement of 

intent to 

construct

• Anticipated 

§60.2190
122

date of 

commencement of 

construction

• Documentation 

for siting 

requirements

• Waste 

management plan

• Anticipated 

date of initial 

startup

Startup 

notification

Prior to 

initial 

startup

• Type of waste 

to be burned

• Maximum 

design waste 

burning 

capacity

• Anticipated 

maximum charge 

rate

• If 

applicable, the 

petition for 

site-specific 

operating 

limits

§60.2195

Initial test 

report

No later than 

60 days 

following the 

initial 

performance 

test

• Complete test 

report for the 

initial 

performance 

test

• The values 

for the sitespecific 

§60.2200
123

operating 

limits

• Installation 

of bag leak 

detection 

system for 

fabric filter

Annual report No later than 

12 months 

following the 

submission of 

the initial 

test report. 

Subsequent 

reports are 

to be 

submitted no 

more than 12 

months 

following the 

previous 

report

• Name and 

address

• Statement and 

signature by

responsible 

official

• Date of 

report

• Values for 

the operating 

limits

• If no 

deviations or 

malfunctions 

were reported, 

a statement 

that no 

deviations 

occurred during 

the reporting 

period

• Highest 

recorded 3-hour 

average and the 

lowest 3-hour 

average, as 

applicable, for 

§§60.2205 and 

60.2210
124

each operating 

parameter 

recorded for 

the calendar 

year being 

reported

• Information 

for deviations 

or malfunctions 

recorded under 

§60.2175(b)(6) 

and (c) through 

(e) • If a 

performance 

test was 

conducted 

during the 

reporting 

period, the 

results of the 

test

• If a 

performance 

test was not 

conducted 

during the 

reporting 

period, a 

statement that 

the 

requirements of 

§60.2155(a) or 

(b) were met

• Documentation 

of periods when 
125

all qualified 

CISWI unit 

operators were 

unavailable for 

more than 8 

hours but less 

than 2 weeks

• If you are 

conducting 

performance 

tests once 

every 3 years 

consistent with 

§60.2155(a), 

the date of the 

last 2 

performance 

tests, a 

comparison of 

the emission 

level you 

achieved in the 

last 2 

performance 

tests to the 75 

percent 

emission limit 

threshold 

required in 

§60.2155(a) and 

a statement as 

to whether 

there have been 

any operational 

changes since 
126

the last 

performance 

test that could 

increase 

emissions.

Emission 

limitation or 

operating limit 

deviation 

report

By August 1 

of that year 

for data 

collected 

during the 

first half of 

the calendar 

year. By 

February 1 of 

the following 

year for data 

collected 

during the 

second half 

of the 

calendar year

• Dates and 

times of 

deviation

• Averaged and 

recorded data 

for those dates

• Duration and 

causes of each 

deviation and 

the corrective 

actions taken

• Copy of 

operating limit 

monitoring data 

and any test 

reports

• Dates, times, 

and causes for 

monitor 

downtime 

incidents

• Whether each 

deviation 

occurred during 

a period of 

startup, 

shutdown, or 

malfunction

§60.2215 and 

60.2220

Qualified Within 10 • Statement of §60.2225(a)(1)
127

operator 

deviation 

notification

days of 

deviation

cause of 

deviation

• Description 

of efforts to 

have an 

accessible 

qualified 

operator

• The date a 

qualified 

operator will 

be accessible

Qualified 

operator 

deviation 

status report

Every 4 weeks 

following 

deviation

• Description 

of efforts to 

have an 

accessible 

qualified 

operator

• The date a 

qualified 

operator will 

be accessible

• Request for 

approval to 

continue 

operation

§60.2225(a)(2)

Qualified 

operator 

deviation 

notification of 

resumed 

operation

Prior to 

resuming 

operation

• Notification 

that you are 

resuming 

operation

§60.2225(b)

aThis table is only a summary, see the referenced sections 
128

of the rule for the complete requirements.

Table 5 to Subpart CCCC of Part 60—Emission Limitations for 

Incinerators That Commenced Construction After June 4, 

2010, Or That Commenced Reconstruction or Modification 

After [THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER]

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging time

And determining 

compliance using 

this method

Cadmium 0.0023 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per run)

Performance test 

(Method 29 at 40 

CFR part 60,

appendix A-8 of 

this part).

Use ICPMS for 

the analytical 

finish.

Carbon 

monoxide

17 parts per 

million by 

dry volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4). 

Dioxin/furan 

(Total Mass 

Basis)

0.58 

nanograms per 

dry standard 

cubic meterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per run)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxin/furan 

(toxic 

equivalency 

basis)

0.13 

nanograms per 

dry standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

Performance test 

(Method 23 at 40 

CFR part 60,

appendix A-7).
129

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging time

And determining 

compliance using 

this method

meters per run)

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 

at 40 CFR part 

60, appendix A7).

Hydrogen 

chloride

0.091 parts 

per million 

by dry volume

3-run average 

(For Method 26, 

collect a 

minimum volume 

of 360 liters 

per run. For 

Method 26A, 

collect a 

minimum volume 

of 3 dry 

standard cubic 

meters per run)

Performance test 

(Method 26 or 

26A at 40 CFR 

part 60,

appendix A-8). 

Lead 0.015 

milligrams 

per dry 

standard 

cubic meterc

3-run average 

(collect a 

minimum volume 

of 4 dry 

standard cubic 

meters per run)

Performance test 

(Method 29 of 

appendix A-8 at 

40 CFR part 60). 

Use ICPMS for 

the analytical 

finish.

Mercury 0.00084 

milligrams 

per dry 

3-run average 

(collect enough 

volume to meet a 

Performance test 

(Method 29 or 

30B at 40 CFR 
130

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging time

And determining 

compliance using 

this method

standard 

cubic meterc

detection limit 

data quality 

objective of 

0.03 ug/dry 

standard cubic 

meter)

part 60,

appendix A-8) or 

ASTM D6784-

02(Reapproved 

2008)b.

Nitrogen 

Oxides

23 parts per 

million dry 

volume

3-run average 

(for Method 7E, 

1 hour minimum 

sample time per 

run)

Performance test 

(Method 7 or 7E 

at 40 CFR part 

60, appendix A4). 

Particulate 

matter

(filterable)

18 milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 2 dry 

standard cubic 

meters per run)

Performance test 

(Method 5 or 29

at 40 CFR part 

60, appendix A-3 

or appendix A-8 

at 40 CFR part 

60).

Sulfur 

dioxide

11 parts per 

million dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance test 

(Method 6 or 6C 

at 40 CFR part 

60, appendix A4. 

a All emission limitations are measured at 7 percent 

oxygen, dry basis at standard conditions. For 

dioxins/furans, you must meet either the Total Mass Limit 

or the toxic equivalency basis limit.

b Incorporated by reference, see §60.17.
131

c If you are conducting stack tests to demonstrate 

compliance and your performance tests for this pollutant 

for at least 2 consecutive years show that your emissions 

are at or below this limit, you can skip testing according 

to §60.2155 if all of the other provision of §60.2155 are 

met. For all other pollutants that do not contain a 

footnote “c”, your performance tests for this pollutant for 

at least 2 consecutive years must show that your emissions 

are at or 75 percent of this limit in order to qualify for 

skip testing.

Table 6 to Subpart CCCC of Part 60—Emission Limitations for 

Energy Recovery Units That Commenced Construction After 

June 4, 2010, Or That Commenced Reconstruction or 

Modification After [THE DATE 6 MONTHS AFTER PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL REGISTER]

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Cadmium 0.023 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

0.0014 

milligrams 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A8). Use ICPMS 

for the 
132

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Coal –

0.0095 

milligrams 

per dry 

standard 

cubic meter

per run) analytical 

finish.

Carbon 

monoxide

35 parts 

per 

million 

dry volume

Biomass –

240 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance 

test (Method 

10 at 40 CFR 

part 60, 

appendix A4). 

Coal – 95 

parts per 

million dry 

volume

Dioxins/

furans 

(Total Mass 

Basis)

No Total 

Mass Basis 

limit, 

must meet 

the toxic 

equivalenc

y basis 

limit 

below

Biomass -

0.52 

nanograms 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).

Coal – 5.1 

nanograms 

per dry 

standard 

cubic 

meterc
133

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Dioxins/

furans 

(toxic 

equivalency 

basis)

0.093 

nanograms 

per dry 

standard 

cubic 

meterc

Biomass -

0.076 

nanograms 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

per run)

Performance 

test (Method 

23 of 

appendix A-7 

of this 

part).

Coal -

0.075 

nanograms 

per dry 

standard 

cubic 

meterc

Hydrogen 

chloride

14 parts 

per 

million 

dry volume

Biomass -

0.20 parts 

per million 

dry volume

3-run 

average (For 

Method 26, 

collect a 

minimum 

volume of 

360 liters 

per run. For 

Method 26A, 

collect a 

minimum 

volume of 3 

dry standard 

cubic meters 

per run)

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60, appendix 

A-8).

Coal – 13 

parts per 

million dry 

volume
134

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Lead 0.096 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

0.014 

milligrams 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

per run)

Performance 

test (Method 

29 at 40 CFR

part 60, 

appendix A8). Use ICPMS 

for the 

analytical 

finish.

Coal - 0.14 

milligrams 

per dry 

standard 

cubic 

meterc

Mercury 0.00056 

milligrams 

per dry 

standard 

cubic 

meterc

Biomass -

0.0022 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect 

enough 

volume to 

meet an instack 

detection 

limit data 

quality 

objective of 

0.03 

ug/dscm)

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60, appendix 

A-8) or ASTM 

D6784-02 

(Reapproved 

2008)b.

Coal -0.016 

milligrams 

per dry 

standard 

cubic meter
135

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Oxides of 

nitrogen

76 parts 

per 

million 

dry volume

Biomass –

290 parts 

per million 

dry volume

3-run 

average (for 

Method 7E, 1 

hour minimum 

sample time 

per run)

Performance 

test (Method 

7 or 7E at 40 

CFR part 60, 

appendix A4). 

Coal – 340 

parts per 

million dry 

volume

Particulate 

matter

(filterable)

110 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

5.1 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter 

per run)

Performance 

test (Method 

5 or 29 at 40 

CFR part 60, 

appendix A-3 

or appendix 

A-8) if the 

unit has an 

annual 

average heat 

input rate 

less than 250 
136

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Coal - 160 

milligrams 

per dry 

standard 

cubic meter

MMBtu/hr; or 

PM CPMS (as 

specified in 

§60.2145(x)) 

if the unit 

has an annual 

average heat 

input rate 

equal to or 

greater than 

250 MMBtu/hr. 

Sulfur 

dioxide

720 parts 

per 

million 

dry volume

Biomass –

7.3 parts 

per million 

dry volume

3-run 

average (for 

Method 6, 

collect a 

minimum of 

60 liters, 

for Method 

6C, 1 hour 

minimum 

sample time 

per run)

Performance 

test (Method 

6 or 6C at 40 

CFR part 60, 

appendix A-4. 

Coal – 650 

parts per 

million dry 

volume
137

For the air 

pollutant

You must meet this 

emission

limitationa Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Fugitive ash Visible 

emissions 

for no 

more than 

5 percent 

of the 

hourly 

observatio

n period 

Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 at 

40 CFR part 

60, appendix 

A-7).

a 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.

b Incorporated by reference, see §60.17. 

c If you are conducting stack tests to demonstrate 

compliance and your performance tests for this pollutant 

for at least 2 consecutive years show that your emissions 

are at or below this limit, you can skip testing according 

to §60.2155 if all of the other provision of §60.2155 are 

met. For all other pollutants that do not contain a 

footnote “c”, your performance tests for this pollutant for 

at least 2 consecutive years must show that your emissions 

are at or 75 percent of this limit in order to qualify for 

skip testing.

Table 7 to Subpart CCCC of Part 60—Emission Limitations for 

Waste-burning Kilns That Commenced Construction After June 
138

4, 2010, or Reconstruction or Modification After [THE DATE 

6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER]

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.0014 

milligrams per 

dry standard 

cubic meterb

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

per run)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for the 

analytical 

finish.

Carbon monoxide90 (long 

kilns) / 190 

(preheater / 

precalciner) 

parts per 

million dry 

volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).

Dioxins/furans 

(total mass 

basis)

0.51 nanograms 

per dry 

standard cubic 

meterb

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters 

per run)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxins/furans 

(toxic 

0.075 

nanograms per 

3-run 

average 

Performance test 

(Method 23 at 40 
139

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

equivalency 

basis)

dry standard 

cubic meterb

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

CFR part 60, 

appendix A-7).

Hydrogen 

chloride

3.0 parts per 

million dry 

volumeb

3-run 

average (1 

hour minimum 

sample time 

per run) or 

30-day 

rolling 

average if 

HCl CEMS are 

used

Performance test 

(Method 321 at 40 

CFR part 63, 

appendix A) or 

HCl CEMS if a wet 

scrubber or dry 

scrubber is not 

used.

Lead 0.014 

milligrams per 

dry standard 

cubic meterb

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8). 

Use ICPMS for the 

analytical 

finish.

Mercury 0.0037 

milligrams per 

dry standard 

cubic meter

30-day 

rolling 

average

Mercury CEMS or 

sorbent trap 

monitoring system 

(performance 

specification 12A 

or 12B, 
140

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

respectively, of 

appendix B of 

this part.)

Oxides of 

nitrogen

200 parts per 

million dry 

volume

30-day 

rolling 

average

NOx CEMS 

(performance 

specification 2 

of appendix B and 

procedure 1 of 

appendix F of 

this part). 

Particulate 

matter

(filterable)

2.2 milligrams 

per dry 

standard cubic 

meter

30-day 

rolling 

average

PM CPMS (as 

specified in 

§60.2145(x)).

Sulfur dioxide 28 parts per 

million dry 

volume

30-day 

rolling 

average

Sulfur dioxide 

CEMS (performance 

specification 2 

of appendix B and 

procedure 1 of 

appendix F of 

this part). 

a 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.

b If you are conducting stack tests to demonstrate 

compliance and your performance tests for this pollutant 

for at least 2 consecutive years show that your emissions 

are at or below this limit, you can skip testing according 

to §60.2155 if all of the other provision of §60.2155 are 
141

met. For all other pollutants that do not contain a 

footnote “b”, your performance tests for this pollutant for 

at least 2 consecutive years must show that your emissions 

are at or 75 percent of this limit in order to qualify for 

skip testing.

Table 8 to Subpart CCCC of Part 60—Emission Limitations for 

Small, Remote Incinerators That Commenced Construction

After June 4, 2010, Or That Commenced Reconstruction or 

Modification After (THE DATE 6 MONTHS AFTER PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL REGISTER]

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this averaging 

time

And 

determining 

compliance 

using this 

method

Cadmium 0.67 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic meter 

per run)

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A8). 

Carbon 

monoxide

13 parts 

per million 

dry volume

3-run average (1 

hour minimum sample 

time per run)

Performance 

test (Method 

10 at 40 CFR

part 60, 

appendix A4). 
142

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this averaging 

time

And 

determining 

compliance 

using this 

method

Dioxins/furans 

(total mass 

basis)

1,800 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic meter 

per run)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).

Dioxins/furans 

(toxic 

equivalency 

basis)

31 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic meter 

per run)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation periods

Visible 

emission test 

(Method 22 at 

40 CFR part 

60, appendix 

A-7).

Hydrogen 

chloride

200 parts 

per million 

by dry 

volume

3-run average (For 

Method 26, collect a 

minimum volume of 60 

liters per run. For 

Method 26A, collect 

a minimum volume of 

1 dry standard cubic 

meter per run)

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60, appendix 

A-8).
143

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this averaging 

time

And 

determining 

compliance 

using this 

method

Lead 2.0 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic)

Performance 

test (Method 

29 at 40 CFR 

part 

60,appendix 

A-8). Use 

ICPMS for the 

analytical 

finish.

Mercury 0.0035 

milligrams 

per dry 

standard 

cubic meter

3-run average (For 

Method 29 and ASTM 

D6784-02 (Reapproved 

2008)b, collect a 

minimum volume of 2 

dry standard cubic 

meters per run. For 

Method 30B, collect 

a minimum volume as 

specified in Method 

30B at 40 CFR part 

60, appendix A)

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60, appendix 

A-8) or ASTM 

D6784-02 

(Reapproved 

2008)b.

Oxides of 

nitrogen

170 parts 

per million 

dry volume

3-run average (for 

Method 7E, 1 hour 

minimum sample time 

per run)

Performance 

test (Method 

7 or 7E at 40 

CFR part 60, 

appendix A4). 
144

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this averaging 

time

And 

determining 

compliance 

using this 

method

Particulate 

matter

(filterable)

270 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a minimum 

volume of 1 dry 

standard cubic 

meter)

Performance 

test (Method 

5 or 29 at 40 

CFR part 60, 

appendix A-3 

or appendix 

A-8).

Sulfur dioxide 1.2 parts 

per million 

dry volume

3-run average (1 

hour minimum sample 

time per run)

Performance 

test (Method 

6 or 6c at 40 

CFR part 60, 

appendix A-4. 

a 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.

b Incorporated by reference, see §60.17.

Subpart DDDD—Emissions Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste Incineration Units

that Commenced Construction On or Before November 30, 1999 

Introduction

§60.2500 What is the purpose of this subpart?
145

This subpart establishes emission guidelines and 

compliance schedules for the control of emissions from 

commercial and industrial solid waste incineration (CISWI) 

units. The pollutants addressed by these emission 

guidelines are listed in table 2 of this subpart and tables 

6 through 9 of this subpart. These emission guidelines are 

developed in accordance with sections 111(d) and 129 of the 

Clean Air Act and subpart B of this part.

§60.2505 Am I affected by this subpart?

(a) If you are the Administrator of an air quality 

program in a State state or United States protectorate with 

one or more existing CISWI units that commenced 

construction on or before November 30, 1999 meet the 

criteria in paragraphs (b) through (d) of this section, you 

must submit a sState plan to U.S. Environmental Protection 

Agency (EPA) that implements the emission guidelines 

contained in this subpart.

(b) You must submit the sState plan to EPA by 

December 3, 2001 for incinerator units that commenced 

construction on or before November 30, 1999 and that were 

not modified or reconstructed after June 1, 2001. 

(c) You must submit a state plan that meets the 

requirements of this subpart and contains the more 

stringent emission limit for the respective pollutant in 

table 6 of this subpart or table 1 of subpart CCCC of this 

part to EPA by [THE DATE 1 YEAR AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER] for incinerators that 

commenced construction after November 30, 1999, but no 

later than June 4, 2010, or commenced modification or 

reconstruction after June 1, 2001 but no later than [THE 

DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER].
146

(d) You must submit a state plan to EPA that meets 

the requirements of this subpart and contains the emission 

limits in tables 7 through 9 of this subpart by [THE DATE 1 

YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER] for CISWI units other than incinerator units that 

commenced construction on or before June 4, 2010, or 

commenced modification or reconstruction after June 4, 2010 

but no later than [THE DATE 6 MONTHS AFTER PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL REGISTER].

§60.2510 Is a State plan required for all states?

No. You are not required to submit a State plan if 

there are no existing CISWI units in your state, and you 

submit a negative declaration letter in place of the State 

plan.

§60.2515 What must I include in my State plan?

(a) You must include the nine items described in 

paragraphs (a)(1) through (9) of this section in your State 

plan.

(1) Inventory of affected CISWI units, including those 

that have ceased operation but have not been dismantled.

(2) Inventory of emissions from affected CISWI units 

in your state.

(3) Compliance schedules for each affected CISWI unit.

(4) Emission limitations, operator training and 

qualification requirements, a waste management plan, and 

operating limits for affected CISWI units that are at least 

as protective as the emission guidelines contained in this 

subpart.

(5) Performance testing, recordkeeping, and reporting 
147

requirements.

(6) Certification that the hearing on the State plan 

was held, a list of witnesses and their organizational 

affiliations, if any, appearing at the hearing, and a brief 

written summary of each presentation or written submission.

(7) Provision for State progress reports to EPA.

(8) Identification of enforceable State mechanisms 

that you selected for implementing the emission guidelines 

of this subpart.

(9) Demonstration of your State's legal authority to 

carry out the sections 111(d) and 129 State plan.

(b) Your State plan may deviate from the format and 

content of the emission guidelines contained in this 

subpart. However, if your State plan does deviate in 

content, you must demonstrate that your State plan is at 

least as protective as the emission guidelines contained in 

this subpart. Your State plan must address regulatory 

applicability, increments of progress for retrofit, 

operator training and qualification, a waste management 

plan, emission limitations, performance testing, operating 

limits, monitoring, recordkeeping and reporting, and air 

curtain incinerator requirements.

(c) You must follow the requirements of subpart B of 

this part (Adoption and Submittal of State Plans for 

Designated Facilities) in your State plan.

§60.2520 Is there an approval process for my State plan?

Yes. The EPA will review your Sstate plan according to 

§60.27.
148

§60.2525 What if my State plan is not approvable?

(a) If you do not submit an approvable sState plan (or 

a negative declaration letter) by December 2, 2002, EPA 

will develop a fFederal plan according to §60.27 to 

implement the emission guidelines contained in this 

subpart. Owners and operators of CISWI units not covered 

by an approved sState plan must comply with the fFederal 

plan. The fFederal plan is an interim action and will be 

automatically withdrawn when your Sstate plan is approved.

(b) If you do not submit an approvable state plan (or 

a negative declaration letter) to EPA that meets the 

requirements of this subpart and contains the emission 

limits in tables 6 through 9 of this subpart for CISWI 

units that commenced construction on or before June 4, 

2010, then EPA will develop a federal plan according to 

§60.27 to implement the emission guidelines contained in 

this subpart. Owners and operators of CISWI units not 

covered by an approved state plan must comply with the 

federal plan. The federal plan is an interim action and 

will be automatically withdrawn when your state plan is 

approved.

§60.2530 Is there an approval process for a negative 

declaration letter?

No. The EPA has no formal review process for negative 

declaration letters. Once your negative declaration letter 

has been received, EPA will place a copy in the public 

docket and publish a notice in the FEDERAL REGISTER. If, 

at a later date, an existing CISWI unit is found in your 

state, the Ffederal plan implementing the emission 
149

guidelines contained in this subpart would automatically 

apply to that CISWI unit until your sState plan is 

approved.

§60.2535 What compliance schedule must I include in my 

State plan?

(a) For CISWI units in the incinerator subcategory 

that commenced construction on or before November 30, 1999, 

Yyour Sstate plan must include compliance schedules that 

require CISWI units to achieve final compliance as 

expeditiously as practicable after approval of the sState 

plan but not later than the earlier of the two dates 

specified in paragraphs (a)(1) and (2) of this section.

(1) December 1, 2005.

(2) Three years after the effective date of sState 

plan approval.

(b) For CISWI units in the incinerator subcategory 

that commenced construction after November 30, 1999, but on 

or before June 4, 2010, and for CISWI units in the small 

remote incinerator, energy recovery unit, and waste-burning 

kiln subcategories that commenced construction before June 

4, 2010, your state plan must include compliance schedules 

that require CISWI units to achieve final compliance as 

expeditiously as practicable after approval of the state 

plan but not later than the earlier of the two dates 

specified in paragraphs (b)(1) and (b)(2) of this section.

(1) [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER].

(2) 3 years after the effective date of state plan 
150

approval.

(c)(b) For compliance schedules more than 1 year 

following the effective date of sState plan approval, 

sState plans must include dates for enforceable increments 

of progress as specified in §60.2580.

§60.2540 Are there any sState plan requirements for this 

subpart that apply instead of the requirements specified in 

subpart B?

Yes. Subpart B establishes general requirements for 

developing and processing section 111(d) plans. This 

subpart applies instead of the requirements in subpart B of 

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

(a) State plans developed to implement this subpart 

must be as protective as the emission guidelines contained 

in this subpart. State plans must require all CISWI units 

to comply by December 1, 2005 or 3 years after the 

effective date of state plan approval, whichever is sooner 

the dates specified in §60.2535. This applies instead of 

the option for case-by-case less stringent emission 

standards and longer compliance schedules in §60.24(f).

(b) State plans developed to implement this subpart 

are required to include two increments of progress for the 

affected CISWI units. These two minimum increments are the 

final control plan submittal date and final compliance date 

in §60.21(h)(1) and (5). This applies instead of the 

requirement of §60.24(e)(1) that would require a State plan 

to include all five increments of progress for all CISWI 

units.
151

§60.2541 In lieu of a state plan submittal, are there 

other acceptable option(s) for a state to meet its Clean 

Air Act section 111(d)/129(b)(2) obligations?

Yes, a state may meet its Clean Air Act section 

111(d)/129 obligations by submitting an acceptable written 

request for delegation of the federal plan that meets the 

requirements of this section. This is the only other option 

for a state to meet its Clean Air Act section 111(d)/129 

obligations.

(a) An acceptable federal plan delegation request must 

include the following:

(1) A demonstration of adequate resources and legal 

authority to administer and enforce the federal plan.

(2) The items under §60.2515(a)(1), (2) and (7). 

(3) Certification that the hearing on the state 

delegation request, similar to the hearing for a state plan 

submittal, was held, a list of witnesses and their 

organizational affiliations, if any, appearing at the 

hearing, and a brief written summary of each presentation 

or written submission.

(4) A commitment to enter into a Memorandum of 

Agreement with the Regional Administrator who sets forth 

the terms, conditions, and effective date of the delegation 

and that serves as the mechanism for the transfer of 

authority. Additional guidance and information is given in 

EPA’s Delegation Manual, Item 7-139, Implementation and 

Enforcement of 111(d)(2) and 111(d)/(2)/129(b)(3) federal 

plans.

(b) A state with an already approved CISWI Clean Air 

Act section 111(d)/129 state plan is not precluded from 
152

receiving EPA approval of a delegation request for the 

revised federal plan, providing the requirements of 

paragraph (a) of this section are met, and at the time of 

the delegation request, the state also requests withdrawal 

of EPA’s previous state plan approval.

(c) A state’s Clean Air Act section 111(d)/129 

obligations are separate from its obligations under Title V 

of the Clean Air Act. 

§60.2542 What authorities will not be delegated to state, 

local, or tribal agencies?

The authorities listed under §60.2030(c) will not be 

delegated to state, local, or tribal agencies.

§60.2545 Does this subpart directly affect CISWI unit 

owners and operators in my state?

(a) No. This subpart does not directly affect CISWI 

unit owners and operators in your state. However, CISWI 

unit owners and operators must comply with the State plan 

you develop to implement the emission guidelines contained 

in this subpart. States may choose to incorporate the 

model rule text directly in their sState plan.

(b) If you do not submit an approvable plan to 

implement and enforce the guidelines contained in this 

subpart for CISWI units that commenced construction before 

November 30, 1999 by December 2, 2002, the EPA will 

implement and enforce a fFederal plan, as provided in 

§60.2525, to ensure that each unit within your State state 

reaches compliance with all the provisions of this subpart 
153

by December 1, 2005.

(c) If you do not submit an approvable plan to 

implement and enforce the guidelines contained in this 

subpart by [THE DATE 1 YEAR AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER] for CISWI units that 

commenced construction on or before June 4, 2010, EPA will 

implement and enforce a federal plan, as provided in 

§60.2525, to ensure that each unit within your state that 

commenced construction on or before June 4, 2010, reaches 

compliance with all the provisions of this subpart by [THE 

DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER].

Applicability of State Plans

§60.2550 What CISWI units must I address in my Sstate 

plan?

(a) Your sState plan must address incineration units 

that meet all three criteria described in paragraphs (a)(1) 

through (3) of this section.

(1) Incineration CISWI units in your Sstate that 

commenced construction on or before June 4, 2010November 

30, 1999, or commenced modification or reconstruction after 

June 4, 2010 but no later than [THE DATE 6 MONTHS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

(2) Incineration units that meet the definition of a 

CISWI unit as defined in §60.2875.

(3) Incineration units not exempt under §60.2555.

(b) If the owner or operator of a CISWI unit makes 

changes that meet the definition of modification or 
154

reconstruction on or after June 1, 2001, the CISWI unit 

becomes subject to subpart CCCC of this part and the State 

plan no longer applies to that unit.

(c) If the owner or operator of a CISWI unit makes 

physical or operational changes to an existing CISWI unit 

primarily to comply with your State plan, subpart CCCC of 

this part does not apply to that unit. Such changes do not 

qualify as modifications or reconstructions under subpart 

CCCC of this part.

§60.2555 What combustion units are exempt from my State 

plan?

This subpart exempts fifteen the types of units 

described in paragraphs (a), (c) through (i), (m) and (on) 

of this section, but some units are required to provide 

notifications. Air curtain incinerators are exempt from the 

requirements in this subpart except for the provisions in 

§§60.2805, 60.2860, and 60.2870.

(a) Pathological waste incineration units. 

Incineration units burning 90 percent or more by weight (on 

a calendar quarter basis and excluding the weight of 

auxiliary fuel and combustion air) of pathological waste, 

low-level radioactive waste, and/or chemotherapeutic waste 

as defined in §60.2875 are not subject to this subpart if 

you meet the two requirements specified in paragraphs 

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

(1) Notify the Administrator that the unit meets these 

criteria.

(2) Keep records on a calendar quarter basis of the 

weight of pathological waste, low-level radioactive waste, 
155

and/or chemotherapeutic waste burned, and the weight of all 

other fuels and wastes burned in the unit.

(b) [Reserved]

(b) Agricultural waste incineration units. 

Incineration units burning 90 percent or more by weight (on 

a calendar quarter basis and excluding the weight of 

auxiliary fuel and combustion air) of agricultural wastes 

as defined in §60.2875 are not subject to this subpart if 

you meet the two requirements specified in paragraphs 

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

(1) Notify the Administrator that the unit meets these 

criteria.

(2) Keep records on a calendar quarter basis of the 

weight of agricultural waste burned, and the weight of all 

other fuels and wastes burned in the unit.

(c) Municipal waste combustion units. Incineration 

units that meet either of the two criteria specified in 

paragraphs (c)(1) or (2) of this section (1)are regulated 

undersubject to subpart Ea of this part (Standards of 

Performance for Municipal Waste Combustors); subpart Eb of 

this part (Standards of Performance for Large Municipal 

Waste Combustorsfor Which Construction is Commenced After 

September 20, 1994); subpart Cb of this part (Emission 

Guidelines and Compliance Time for Large Municipal 

Combustorsthat are Constructed on or Before September 20, 

1994); subpart AAAA of this part (Standards of Performance 

for New Stationary Sources; Small Municipal Waste 

Combustion Units); or subpart BBBB of this part (Emission 

Guidelines for Existing Stationary Sources: Small Municipal 

Waste Combustion Units).

(2) Burn greater than 30 percent municipal solid waste 
156

or refuse-derived fuel, as defined in subpart Ea, subpart 

Eb, subpart AAAA, and subpart BBBB of this part, and that 

have the capacity to burn less than 35 tons (32 megagrams) 

per day of municipal solid waste or refuse-derived fuel, if 

you meet the two requirements in paragraphs (c)(2)(i) and 

(ii) of this section.

(i) Notify the Administrator that the unit meets these 

criteria.

(ii) Keep records on a calendar quarter basis of the 

weight of municipal solid waste burned, and the weight of 

all other fuels and wastes burned in the unit.

(d) Medical waste incineration units. Incineration 

units regulated under subpart Ec of this part (Standards of 

Performance for Hospital/Medical/Infectious Waste 

Incinerators for Which Construction is Commenced After June

20, 1996) or subpart Ca of this part (Emission Guidelines 

and Compliance Times for Hospital/Medical/Infectious Waste 

Incinerators).

(e) Small power production facilities. Units that meet 

the three requirements specified in paragraphs (e)(1) 

through (3) of this section.

(1) The unit qualifies as a small power-production 

facility under section 3(17)(C) of the Federal Power Act 

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

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity.

(3) You notify submit documentation to the 

Administrator notifying the Agency that the qualifying 

small power production facility is combusting homogenous 

waste.unit meets all of these criteria.
157

(4) You maintain the records specified in §60.2740(v).

(f) Cogeneration facilities. Units that meet the three 

requirements specified in paragraphs (f)(1) through (3) of 

this section.

(1) The unit qualifies as a cogeneration facility 

under section 3(18)(B) of the Federal Power Act (16 U.S.C. 

796(18)(B)).

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity and steam or 

other forms of energy used for industrial, commercial, 

heating, or cooling purposes.

(3) You must notify submit documentation to the 

Administrator notifying the Agency that the qualifying 

cogeneration facility is combusting homogenous wasteunit 

meets all of these criteria.

(4) You maintain the records specified in §60.2740(w).

(g) Hazardous waste combustion units. Units that meet 

either of the two criteria specified in paragraph (g)(1) or 

(2) of this section for which you are required to get a 

permit under section 3005 of the Solid Waste Disposal Act. 

(1) Units for which you are required to get a permit 

under section 3005 of the Solid Waste Disposal Act.

(2) Units regulated under subpart EEE of 40 CFR part 

63 (National Emission Standards for Hazardous Air 

Pollutants from Hazardous Waste Combustors).

(h) Materials recovery units. Units that combust waste 

for the primary purpose of recovering metals, such as 

primary and secondary smelters.
158

(i) Air curtain incinerators. Air curtain 

incinerators that burn only the materials listed in 

paragraphs (i)(1) through (3) of this section are only 

required to meet the requirements under “Air Curtain 

Incinerators” (§§60.2810 through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste.

(j) [Reserved] Cyclonic barrel burners. (See §60.2875)

(k) [Reserved] Rack, part, and drum reclamation units. 

(See §60.2875)

(l) [Reserved] Cement kilns. Kilns regulated under 

subpart LLL of part 63 of this chapter (National Emission 

Standards for Hazardous Air Pollutants from the Portland 

Cement Manufacturing Industry).

(m) Sewage sludge incinerators treatment plants. 

Incineration units regulated under subpart O of this part 

(Standards of Performance for Sewage Treatment Plants).

(n) 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 subpart LLLL of this part 

(Standards of Performance for Sewage Sludge Incineration 

Units) or subpart MMMM of this part (Emission Guidelines 

for Sewage Sludge Incineration Units). 

Chemical recovery units. Combustion units burning 

materials to recover chemical constituents or to produce 

chemical compounds where there is an existing commercial 
159

market for such recovered chemical constituents or 

compounds. The seven types of units described in paragraphs 

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

recovery units.

(1) Units burning only pulping liquors ( i.e., black 

liquor) that are reclaimed in a pulping liquor recovery 

process and reused in the pulping process.

(2) Units burning only spent sulfuric acid used to 

produce virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the 

production of charcoal.

(4) Units burning only manufacturing byproduct 

streams/residues containing catalyst metals which are 

reclaimed and reused as catalysts or used to produce 

commercial grade catalysts.

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production 

of other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids 

to produce hydrogen, carbon monoxide, synthesis gas, or 

other gases for use in other manufacturing processes.

(7) Units burning only photographic film to recover 

silver.

(o) Other solid waste incineration units. Incineration 

units that are subject to subpart EEEE of this part 

(Standards of Performance for Other Solid Waste 

Incineration Units) or subpart FFFF of this part (Emission 

Guidelines and Compliance Times for Other Solid Waste 

Incineration Units). Laboratory Analysis Units. Units that 
160

burn samples of materials for the purpose of chemical or 

physical analysis.

§60.2558 What if a chemical recovery unit is not listed 

in §60.2555(n)?

(a) If a chemical recovery unit is not listed in 

§60.2555(n), the owner or operator of the unit can petition 

the Administrator to add the unit to the list. The petition 

must contain the six items in paragraphs (a)(1) through (6) 

of this section.

(1) A description of the source of the materials being 

burned.

(2) A description of the composition of the materials 

being burned, highlighting the chemical constituents in 

these materials that are recovered.

(3) A description (including a process flow diagram) 

of the process in which the materials are burned, 

highlighting the type, design, and operation of the 

equipment used in this process.

(4) A description (including a process flow diagram) 

of the chemical constituent recovery process, highlighting 

the type, design, and operation of the equipment used in 

this process.

(5) A description of the commercial markets for the 

recovered chemical constituents and their use.

(6) The composition of the recovered chemical 

constituents and the composition of these chemical 

constituents as they are bought and sold in commercial 

markets.

(b) Until the Administrator approves your petition, 
161

the incineration unit is covered by this subpart.

(c) If a petition is approved, the Administrator will 

amend §60.2555(n) to add the unit to the list of chemical 

recovery units.

Use of Model Rule

§60.2560 What is the “model rule” in this subpart?

(a) The model rule is the portion of these emission 

guidelines (§§60.2575 through 60.2875) that addresses the 

regulatory requirements applicable to CISWI units. The 

model rule provides these requirements in regulation 

format. You must develop a State plan that is at least as 

protective as the model rule. You may use the model rule 

language as part of your State plan. Alternative language 

may be used in your State plan if you demonstrate that the 

alternative language is at least as protective as the model 

rule contained in this subpart.

(b) In the model rule of §§60.2575 to 60.2875, “you” 

means the owner or operator of a CISWI unit.

§60.2565 How does the model rule relate to the required 

elements of my State plan?

Use the model rule to satisfy the State plan 

requirements specified in §60.2515(a)(4) and (5).

§60.2570 What are the principal components of the model 

rule?

The model rule contains the eleven major components 

listed in paragraphs (a) through (k) of this section.
162

(a) Increments of progress toward compliance.

(b) Waste management plan.

(c) Operator training and qualification.

(d) Emission limitations and operating limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

Model Rule—Increments of Progress

§60.2575 What are my requirements for meeting increments 

of progress and achieving final compliance?

If you plan to achieve compliance more than 1 year 

following the effective date of State plan approval, you 

must meet the two increments of progress specified in 

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

(a) Submit a final control plan.

(b) Achieve final compliance.

§60.2580 When must I complete each increment of progress?
163

Table 1 of this subpart specifies compliance dates for 

each of the increments of progress.

§60.2585 What must I include in the notifications of 

achievement of increments of progress?

Your notification of achievement of increments of 

progress must include the three items specified in 

paragraphs (a) through (c) of this section.

(a) Notification that the increment of progress has 

been achieved.

(b) Any items required to be submitted with each 

increment of progress.

(c) Signature of the owner or operator of the CISWI 

unit.

§60.2590 When must I submit the notifications of 

achievement of increments of progress?

Notifications for achieving increments of progress 

must be postmarked no later than 10 business days after the 

compliance date for the increment.

§60.2595 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must 

submit a notification to the Administrator postmarked 

within 10 business days after the date for that increment 

of progress in table 1 of this subpart. You must inform 

the Administrator that you did not meet the increment, and 

you must continue to submit reports each subsequent 
164

calendar month until the increment of progress is met.

§60.2600 How do I comply with the increment of progress 

for submittal of a control plan?

For your control plan increment of progress, you must 

satisfy the two requirements specified in paragraphs (a) 

and (b) of this section.

(a) Submit the final control plan that includes the 

five items described in paragraphs (a)(1) through (5) of 

this section.

(1) A description of the devices for air pollution

control and process changes that you will use to comply 

with the emission limitations and other requirements of 

this subpart.

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

(3) The maximum design waste burning capacity.

(4) The anticipated maximum charge rate.

(5) If applicable, the petition for site-specific 

operating limits under §60.2680.

(b) Maintain an onsite copy of the final control plan.

§60.2605 How do I comply with the increment of progress 

for achieving final compliance?

For the final compliance increment of progress, you 

must complete all process changes and retrofit construction 
165

of control devices, as specified in the final control plan, 

so that, if the affected CISWI unit is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed.

§60.2610 What must I do if I close my CISWI unit and then 

restart it?

(a) If you close your CISWI unit but will restart it 

prior to the final compliance date in your State plan, you 

must meet the increments of progress specified in §60.2575.

(b) If you close your CISWI unit but will restart it 

after your final compliance date, you must complete 

emission control retrofits and meet the emission 

limitations and operating limits on the date your unit 

restarts operation.

§60.2615 What must I do if I plan to permanently close my 

CISWI unit and not restart it?

If you plan to close your CISWI unit rather than 

comply with the State plan, submit a closure notification, 

including the date of closure, to the Administrator by the 

date your final control plan is due.

Model Rule—Waste Management Plan

§60.2620 What is a waste management plan?

A waste management plan is a written plan that 

identifies both the feasibility and the methods used to 

reduce or separate certain components of solid waste from 

the waste stream in order to reduce or eliminate toxic 
166

emissions from incinerated waste.

§60.2625 When must I submit my waste management plan?

You must submit a waste management plan no later than 

the date specified in table 1 of this subpart for submittal 

of the final control plan.

§60.2630 What should I include in my waste management 

plan?

A waste management plan must include consideration of 

the reduction or separation of waste-stream elements such 

as paper, cardboard, plastics, glass, batteries, or metals; 

or the use of recyclable materials. The plan must identify 

any additional waste management measures, and the source 

must implement those measures considered practical and 

feasible, based on the effectiveness of waste management 

measures already in place, the costs of additional 

measures, the emissions reductions expected to be achieved, 

and any other environmental or energy impacts they might 

have.

Model Rule—Operator Training and Qualification

§60.2635 What are the operator training and qualification 

requirements?

(a) No CISWI unit can be operated unless a fully 

trained and qualified CISWI unit operator is accessible, 

either at the facility or can be at the facility within 1 

hour. The trained and qualified CISWI unit operator may 
167

operate the CISWI unit directly or be the direct supervisor 

of one or more other plant personnel who operate the unit. 

If all qualified CISWI unit operators are temporarily not 

accessible, you must follow the procedures in §60.2665.

(b) Operator training and qualification must be 

obtained through a 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 (if applicable).

(vi) Inspection and maintenance of the incinerator and 

air pollution control devices.

(vii) Actions to prevent and correct malfunctions or 

to prevent conditions that may lead to malfunctions.
168

(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 reference material following 

completion of the course.

§60.2640 When must the operator training course be 

completed?

The operator training course must be completed by the 

later of the three dates specified in paragraphs (a) 

through (c) of this section.

(a) The final compliance date (Increment 2).

(b) Six months after CISWI unit startup.

(c) Six months after an employee assumes 

responsibility for operating the CISWI unit or assumes 

responsibility for supervising the operation of the CISWI 

unit.
169

§60.2645 How do I obtain my operator qualification?

(a) You must obtain operator qualification by 

completing a training course that satisfies the criteria 

under §60.2635(b).

(b) Qualification is valid from the date on which the 

training course is completed and the operator successfully 

passes the examination required under §60.2635(c)(2).

§60.2650 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual 

review or refresher course covering, at a minimum, the five 

topics described in paragraphs (a) through (e) of this 

section.

(a) Update of regulations.

(b) Incinerator operation, including startup and 

shutdown procedures, waste charging, and ash handling.

(c) Inspection and maintenance.

(d) Prevention and correction ofResponses to 

malfunctions or conditions that may lead to malfunction.

(e) Discussion of operating problems encountered by 

attendees.

§60.2655 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one 

of the two methods specified in paragraphs (a) and (b) of 

this section.
170

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

complete a standard annual refresher course described in 

§60.2650.

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

the initial qualification requirements in §60.2645(a).

§60.2660 What site-specific documentation is required?

(a) Documentation must be available at the facility 

and readily accessible for all CISWI unit operators that 

addresses the ten topics described in paragraphs (a)(1) 

through (10) of this section. You must maintain this 

information and the training records required by paragraph 

(c) of this section in a manner that they can be readily 

accessed and are suitable for inspection upon request.

(1) Summary of the applicable standards under this 

subpart.

(2) Procedures for receiving, handling, and charging 

waste.

(3) Incinerator startup, shutdown, and malfunction 

procedures.

(4) Procedures for maintaining proper combustion air 

supply levels.

(5) Procedures for operating the incinerator and 

associated air pollution control systems within the 

standards established under this subpart.

(6) Monitoring procedures for demonstrating compliance 

with the incinerator operating limits.
171

(7) Reporting and recordkeeping procedures.

(8) The waste management plan required under §§60.2620 

through 60.2630.

(9) Procedures for handling ash.

(10) A list of the wastes burned during the 

performance test.

(b) You must establish a program for reviewing the 

information listed in paragraph (a) of this section with 

each incinerator operator.

(1) The initial review of the information listed in 

paragraph (a) of this section must be conducted by the 

later of the three dates specified in paragraphs (b)(1)(i) 

through (iii) of this section.

(i) The final compliance date (Increment 2).

(ii) Six months after CISWI unit startup.

(iii) Six months after being assigned to operate the 

CISWI unit.

(2) Subsequent annual reviews of the information 

listed in paragraph (a) of this section must be conducted 

no later than 12 months following the previous review.

(c) You must also maintain the information specified 

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

(1) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2660(a) 

as required by §60.2660(b), including the date of the 

initial review and all subsequent annual reviews.
172

(2) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2635, met the criteria for qualification under 

§60.2645, and maintained or renewed their qualification 

under §60.2650 or §60.2655. Records must include 

documentation of training, the dates of the initial 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours.

§60.2665 What if all the qualified operators are 

temporarily not accessible?

If all qualified operators are temporarily not 

accessible (i.e., not at the facility and not able to be at 

the facility within 1 hour), you must meet one of the two 

criteria specified in paragraphs (a) and (b) of this

section, depending on the length of time that a qualified 

operator is not accessible.

(a) When all qualified operators are not accessible 

for more than 8 hours, but less than 2 weeks, the CISWI 

unit may be operated by other plant personnel familiar with 

the operation of the CISWI unit who have completed a review 

of the information specified in §60.2660(a) within the past 

12 months. However, you must record the period when all 

qualified operators were not accessible and include this 

deviation in the annual report as specified under §60.2770.

(b) When all qualified operators are not accessible 

for 2 weeks or more, you must take the two actions that are 

described in paragraphs (b)(1) and (2) of this section.
173

(1) Notify the Administrator of this deviation in 

writing within 10 days. In the notice, state what caused 

this deviation, what you are doing to ensure that a 

qualified operator is accessible, and when you anticipate 

that a qualified operator will be accessible.

(2) Submit a status report to the Administrator every 

4 weeks outlining what you are doing to ensure that a 

qualified operator is accessible, stating when you 

anticipate that a qualified operator will be accessible and 

requesting approval from the Administrator to continue 

operation of the CISWI unit. You must submit the first 

status report 4 weeks after you notify the Administrator of 

the deviation under paragraph (b)(1) of this section. If 

the Administrator notifies you that your request to 

continue operation of the CISWI unit is disapproved, the 

CISWI unit may continue operation for 90 days, then must 

cease operation. Operation of the unit may resume if you 

meet the two requirements in paragraphs (b)(2)(i) and (ii) 

of this section.

(i) A qualified operator is accessible as required 

under §60.2635(a).

(ii) You notify the Administrator that a qualified 

operator is accessible and that you are resuming operation.

Model Rule—Emission Limitations and Operating Limits

§60.2670 What emission limitations must I meet and by 

when?

You must meet the emission limitations specified in 

table 2 of this subpart on the date the initial performance 

test is required or completed (whichever is earlier).
174

(a) You must meet the emission limitations for each 

CISWI unit, including bypass stack or vent, specified in 

table 2 of this subpart or tables 6 through 9 of this 

subpart by the final compliance date under the approved 

state plan, federal plan, or delegation, as applicable. 

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 2 of this subpart, as 

applicable.

§60.2675 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the 

emission limitations, you must establish operating limits 

for up to four operating parameters (as specified in table 

3 of this subpart) as described in paragraphs (a)(1) 

through (4) of this section during the initial performance 

test.

(1) Maximum charge rate, calculated using one of the 

two different procedures in paragraph (a)(1)(i) or (ii), as 

appropriate.

(i) For continuous and intermittent units, maximum 

charge rate is 110 percent of the average charge rate 

measured during the most recent performance test 

demonstrating compliance with all applicable emission 

limitations.

(ii) For batch units, maximum charge rate is 110 

percent of the daily charge rate measured during the most 

recent performance test demonstrating compliance with all 
175

applicable emission limitations.

(2) Minimum pressure drop across the wet particulate 

matter scrubber, which is calculated as the lowest 1-hour 

90 percent of the average pressure drop across the wet 

scrubber measured during the most recent performance test 

demonstrating compliance with the particulate matter 

emission limitations; or minimum amperage to the wet 

scrubber, which is calculated as the lowest 1-hour 90 

percent of the average amperage to the wet scrubber 

measured during the most recent performance test 

demonstrating compliance with the particulate matter 

emission limitations.

(3) Minimum scrubber liquid liquor flow rate, which is 

calculated as the lowest 1-hour 90 percent of the average 

liquid 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 90 percent of the average liquor pH at 

the inlet to the wet acid gas scrubber measured during the 

most recent performance test demonstrating compliance with 

the HCl emission limitation.

(b) You must meet the operating limits established 

during the initial performance test on the date the initial 

performance test is required or completed (whichever is 

earlier). You must conduct an initial performance 

evaluation of each continuous monitoring system and 

continuous parameter monitoring system within 60 days of 

installation of the monitoring system.

(c) If you use a fabric filter to comply with the 

emission limitations, you must operate each fabric filter 
176

system such that the bag leak detection system alarm does 

not sound more than 5 percent of the operating time during 

a 6-month period. In calculating this operating time 

percentage, if inspection of the fabric filter demonstrates 

that no corrective action is required, no alarm time is 

counted. If corrective action is required, each alarm 

shall be counted as a minimum of 1 hour. If you take 

longer than 1 hour to initiate corrective action, the alarm 

time shall be counted as the actual amount of time taken by 

you to initiate corrective action.

(d) If you use an electrostatic precipitator to comply 

with the emission limitations, 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, 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, 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)
177

(f) If you use selective noncatalytic reduction to 

comply with the emission limitations, you must measure the 

charge rate, the secondary chamber temperature (if 

applicable to your CISWI unit), and the reagent flow rate 

during the nitrogen oxides 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, 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 or 

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, and if you do not determine compliance with 

your particulate matter emission limitation with a 

particulate matter continuous emissions monitoring system, 

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, 

you must establish your PM CPMS operating limit and 
178

determine compliance with it according to paragraphs (i)(1) 

through (5) of this section.

(1) During the initial performance test or any such 

subsequent performance test that demonstrates compliance 

with the PM limit, record all hourly average output values 

(milliamps) 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 

and the establishment of its relationship to manual 

reference method measurements must be determined in units 

of milliamps.

(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.

(iii) During the initial performance test or any such 

subsequent performance test that demonstrates compliance 

with the PM limit, record and average all milliamp output 

values 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 Method 5I test 

runs).
179

(2) If the average of your three PM performance test 

runs are below 75% 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 values corresponding 

to the three compliance test runs, and the average PM 

concentration from the Method 5 or performance test 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 can be established 

obtained 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.
180

(D) If none of the steps in paragraphs (i)(2)(i) 

through (iv) 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, and the average of your corresponding three PM 

compliance test runs, using equation 5.

(Eq. 5)

Where:

X1 = the PM CPMS 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, your three run average PM CPMS milliamp value, 

and your three run average PM concentration from your three 

compliance tests, determine a relationship of lb/Mmbtu per 

milliamp with equation 6.

(Eq.6)

Where:
181

R = the relative mg/dscm per milliamp for your PM 

CPMS,

Y1 = the three run average mg/dscm PM concentration,

X1 = the three run average milliamp output from you PM 

CPMS, and

z = the milliamp equivalent of your instrument zero 

determined from (2)(i).

(iv) Determine your source specific 30-day rolling 

average operating limit using the mg/dscm per milliamp 

value from Equation 6 in equation 7, below. This sets your 

operating limit at the PM CPMS output value corresponding 

to 75% of your emission limit.

(Eq.7)

Where:

Ol = the operating limit for your PM CPMS on a 30-day 

rolling average, in milliamps.

L = your source emission limit expressed in lb/Mmbtu,

z = your instrument zero in milliamps, determined from 

(2)(a), and

R = the relative mg/dscm per milliamp for your PM 

CPMS, from Equation 3.

(3) If the average of your three PM compliance test 

runs is at or above 75% of your PM emission limit you must 

determine your operating limit by averaging the PM CPMS 

milliamp output corresponding to your three PM performance 

test runs that demonstrate compliance with the emission 
182

limit using equation 8 and you must submit all compliance 

test and PM CPMS data according to the reporting 

requirements in paragraph (i)(5) of this section.

(Eq. 8)

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.

(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, 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 value 

equivalent to the instrument zero output, technique by 

which this zero value was determined, and the average 

milliamp signals corresponding to each PM compliance test 

run.
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§60.2680 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?

(a) 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 §60.2670, 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. not conduct the initial performance 

test until after the petition has been approved by the 

Administrator. Your petition must include the five items 

listed in paragraphs (a)(1) through (e) (5) of this 

section.

(a1) Identification of the specific parameters you 

propose to use as additional operating limits.

(b2) A discussion of the relationship between these 

parameters and emissions of regulated pollutants, 

identifying how emissions of regulated pollutants change 

with changes in these parameters, and how limits on these 

parameters will serve to limit emissions of regulated 

pollutants.

(c3) A discussion of how you will establish the upper 

and/or lower values for these parameters which will 

establish the operating limits on these parameters.
184

(d4) A discussion identifying the methods you will use 

to measure and the instruments you will use to monitor 

these parameters, as well as the relative accuracy and 

precision of these methods and instruments.

(e5) A discussion identifying the frequency and 

methods for recalibrating the instruments you will use for 

monitoring these parameters.

(b) [Reserved]

§60.2685 Affirmative Defense for Violation of Emission 

Standards During Malfunction.What happens during periods of 

startup, shutdown, and malfunction?

(a) The emission limitations and operating limits 

apply at all times except during CISWI unit startups, 

shutdowns, or malfunctions.

(b) Each malfunction must last no longer than 3 hours.

In response to an action to enforce the standards set 

forth in paragraph §60.2670, you may assert an affirmative 

defense to a claim for civil penalties for violations of 

such standards that are caused by malfunction, as defined 

at §40 CFR 60.2. Appropriate penalties may be assessed; 

however, if you fail to meet your burden of proving all of 

the requirements in the affirmative defense, the 

affirmative defense shall not be available for claims for 

injunctive relief.

(a) Assertion of affirmative defense. To establish the 

affirmative defense in any action to enforce such a 

standard, you must timely meet the reporting requirements 

in paragraph (b) of this section, and must prove by a 
185

preponderance of evidence that:

(1) The violation: 

(i) Was caused by a sudden, infrequent, and 

unavoidable failure of air pollution control equipment, 

process equipment, or a process to operate in a normal or 

usual manner, and

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and 

(iii) Did not stem from any activity or event that 

could have been foreseen and avoided, or planned for; and

(iv) Was not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and

(2) Repairs were made as expeditiously as possible 

when a violation occurred. Off-shift and overtime labor 

were used, to the extent practicable to make these repairs; 

and

(3) The frequency, amount and duration of the 

violation (including any bypass) were minimized to the 

maximum extent practicable; and

(4) If the violation resulted from a bypass of control 

equipment or a process, then the bypass was unavoidable to 

prevent loss of life, personal injury, or severe property 

damage; and

(5) All possible steps were taken to minimize the 

impact of the violation on ambient air quality, the 

environment, and human health; and

(6) All emissions and control systems were kept in 
186

operation if at all possible, consistent with safety and 

good air pollution control practices; and

(7) All of the actions in response to the violation 

were documented by properly signed, contemporaneous 

operating logs; and

(8) At all times, the affected CISWI unit was operated 

in a manner consistent with good practices for minimizing 

emissions; and

(9) A written root cause analysis has been prepared, 

the purpose of which is to determine, correct, and 

eliminate the primary causes of the malfunction and the 

violation resulting from the malfunction event at issue. 

The analysis shall also specify, using best monitoring 

methods and engineering judgment, the amount of any 

emissions that were the result of the malfunction.

(b) Report. The owner or operator seeking to assert an 

affirmative defense shall submit a written report to the 

Administrator with all necessary supporting documentation 

that it has met the requirements set forth in paragraph (a) 

of this section. This affirmative defense report shall be 

included in the first periodic compliance, deviation report 

or excess emission report otherwise required after the 

initial occurrence of the violation of the relevant 

standard (which may be the end of any applicable averaging 

period). If such compliance, deviation report or excess 

emission report is due less than 45 days after the initial 

occurrence of the violation, the affirmative defense report 

may be included in the second compliance, deviation report 

or excess emission report due after the initial occurrence 

of the violation of the relevant standard.
187

Model Rule—Performance Testing

§60.2690 How do I conduct the initial and annual 

performance test?

(a) All performance tests must consist of a minimum of 

three test runs conducted under conditions representative 

of normal operations.

(b) You must document that the waste burned during the 

performance test is representative of the waste burned 

under normal operating conditions by maintaining a log of 

the quantity of waste burned (as required in 

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

performance test.

(c) All performance tests must be conducted using the 

minimum run duration specified in tables 2 and 6 through 9 

of this subpart.

(d) Method 1 of appendix A of this part must be used 

to select the sampling location and number of traverse 

points.

(e) Method 3A or 3B of appendix A of this part must be 

used for gas composition analysis, including measurement of 

oxygen concentration. Method 3A or 3B of appendix A of 

this part must be used simultaneously with each method.

(f) All pollutant concentrations, except for opacity, 

must be adjusted to 7 percent oxygen using Equation 1 of 

this section:

Cadj= Cmeas(20.9−7)/(20.9−%O2) (Eq. 1)

Where:

Cadj= pollutant concentration adjusted to 7 percent oxygen;
188

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 (34) of this section.

(1) Measure the concentration of each dioxin/furan 

tetra- through octa-congenerisomer emitted using EPA Method 

23 at 40 CFR part 60, appendix A.

(2) Quantify isomers meeting identification criteria 

2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet identification criteria 1 and 

7. You must quantify the isomers per Section 9.0 of Method 

23. (Note: You may reanalyze the sample aliquot or split 

to reduce the number of isomers not meeting identification 

criteria 1 or 7 of Section 5.3.2.5.)

(23) For each dioxin/furan (tetra- through octachlorinated) congenerisomer measured in accordance with 

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

congenerisomer concentration by its corresponding toxic 

equivalency factor specified in table 4 of this subpart.

(34) Sum the products calculated in accordance with 

paragraph (g)(23) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency.

(h) Method 22 at 40 CFR part 60, appendix A-7 must be 

used to determine compliance with the fugitive ash emission 
189

limit in table 2 of this subpart or tables 6 through 9 of 

this subpart.

(i) If you have an applicable opacity operating 

limit, you must determine compliance with the opacity limit 

using Method 9 at 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 

§60.2710 and §60.2730.

(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 at 40 CFR part 60, appendix A-7.

(2) Quantify isomers meeting identification criteria 

2, 3, 4, and 5 in Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet identification criteria 1 and 

7. You must quantify the isomers per Section 9.0 of Method 

23. (Note: You may reanalyze the sample aliquot or split 

to reduce the number of isomers not meeting identification 

criteria 1 or 7 of Section 5.3.2.5.)

(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.

§60.2695 How are the performance test data used?

You use results of performance tests to demonstrate 

compliance with the emission limitations in table 2 of this 

subpart or tables 6 through 9 of this subpart.
190

Model Rule—Initial Compliance Requirements

§60.2700 How do I demonstrate initial compliance with the 

amended emission limitations and establish the operating 

limits?

You must conduct an initial performance test, as 

required under §60.8, §§60.2690 and 60.2670, to determine 

compliance with the emission limitations in table 2 of this 

subpart and tables 6 through 9 of this subpart, to 

establish compliance with any opacity operating limits in 

§60.2675, and to establish operating limits using the 

procedures in §60.2675 or §60.2680. The initial 

performance test must be conducted using the test methods 

listed in table 2 of this subpart and tables 6 through 9 of 

this subpart and the procedures in §60.2690. The use of 

the bypass stack during a performance test shall invalidate 

the performance test. You must conduct a performance 

evaluation of each continuous monitoring system within 60 

days of installation of the monitoring system.

§60.2705 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 specified in table 1 of this 

subpart.

(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 
191

chamber, you do not need to retest until 6 months from the 

date you reintroduce that solid waste.

(c) If you commence combusting 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 commencing or recommencing 

solid waste combustion.

§60.2706 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 

unit reaches the charge rate at which it will operate, but 

no later than 180 days after the final compliance date for 

meeting the amended emission limitations.

(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.

Model Rule—Continuous Compliance Requirements

§60.2710 How do I demonstrate continuous compliance with 
192

the emission limitations and the operating limits?

(a) Compliance with standards. 

(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 unit, 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 

§60.2710(a)(2). 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 nonwaste 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 section 112 standards that are applicable to your 

facility before you commence or recommence combustion of 
193

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 

unit, 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 40 CFR part 63 subpart and subcategory 

that will be applicable after you cease combusting solid 

waste;

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

waste(s) the CISWI unit is currently combusting and has 

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(iv) The date on which you became subject to the 

currently applicable emission limits;

(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-tofuel, or fuel-to-waste switch.

(6) All monitoring systems necessary for compliance 

with any newly applicable monitoring requirements which 
194

apply as a result of the cessation or commencement or 

recommencement of combusting solid waste must be installed 

and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch. 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 section 112 monitoring requirements or 

monitoring requirements under this subpart. 

(ab) You must conduct an annual performance test for 

the pollutants listed in table 2 of this subpart or tables 

6 through 9 of this subpart for particulate matter, 

hydrogen chloride, and opacity for each CISWI unit as 

required under §60.8§60.2690 to determine compliance with 

the emission limitations. The annual performance test must 

be conducted using the test methods listed in table 2 of 

this subpart or tables 6 through 9 of this subpart and the 

procedures in §60.2690. Opacity must be measured using EPA 

Reference Method 9 at 40 CFR part 60. Annual performance 

tests are not required if you use continuous emission 

monitoring systemsCEMS or continuous opacity monitoring 

systems to determine compliance.

(bc) You must continuously monitor the operating 

parameters specified in §60.2675 or established under 

§60.2680 and as specified in §60.2735. Operation above the 

established maximum or below the established minimum 

operating limits constitutes a deviation from the 

established operating limits. Three-hour rolling block 

average values are used to determine compliance (except for 

baghouse leak detection system alarms) unless a different 
195

averaging period is established under §60.2680 or, for 

energy recovery units, where the averaging time for each 

operating parameter is a 30-day rolling, 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 do not applyare confirmed or reestablished

during performance tests. 

(cd) You must only 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 test 

for ash handling.

(f) For energy recovery units, you must conduct an 

annual performance test for opacity using EPA Reference 

Method 9 at 40 CFR part 60 (except where particulate matter 

continuous monitoring system or continuous parameter 

monitoring systems are used) and the pollutants listed in 

table 7 of 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 according to the following 

requirements:

(1) You must measure emissions according to §60.13 to 

calculate 1-hour arithmetic averages, corrected to 7 
196

percent oxygen. 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. You must 

demonstrate initial compliance with the carbon monoxide 

emissions limit using a 30-day rolling average of the 1-

hour arithmetic average emission concentrations, 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 at 40 CFR part 60, appendix A–7.

(2) Operate the carbon monoxide continuous emissions 

monitoring system in accordance with the applicable 

requirements of performance specification 4A of appendix B 

and the quality assurance procedures of appendix F of this 

part.

(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 §60.2730(n) 

instead of the continuous parameter monitoring system 

specified in §60.2710(i). 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 

§60.2730(n) instead of particulate matter testing with EPA 

Method 5 at 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/hour but less 

than 250 MMBtu/hr you must install, operate, certify and 

maintain a continuous opacity monitoring system (COMS) 
197

according to the procedures in §60.2730.

(j) For waste-burning kilns, you must conduct an 

annual performance test for the pollutants (except mercury 

and particulate matter, and hydrogen chloride if no acid 

gas wet scrubber is used) listed in table 8 of this 

subpart. If your waste-burning kiln is not equipped with a 

wet scrubber or dry scrubber, you must determine compliance 

with the hydrogen chloride emission limit using a CEMS as 

specified in §60.2730. You must determine compliance with 

particulate matter using CPMS. You must determine 

compliance with the mercury emissions limit using a mercury 

CEMS according to the following requirements:

(1) Operate a CEMS in accordance with performance 

specification 12A at 40 CFR part 60, appendix B or a 

sorbent trap based integrated monitor in accordance with 

performance specification 12B at 40 CFR part 60, appendix 

B. The duration of the performance test must be a calendar 

month. For each calendar month in which the waste-burning 

kiln operates, hourly mercury concentration data and stack 

gas volumetric flow rate data must be obtained. You must 

demonstrate compliance with the mercury emissions limit 

using a 30-day rolling average of these 1-hour mercury 

concentrations, 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 

at 40 CFR part 60, appendix A–7 of this part. 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.

(2) Owners or operators using a mercury continuous 

emissions monitoring systems must install, operate, 

calibrate and maintain an instrument for continuously 

measuring and recording the mercury mass emissions rate to 
198

the atmosphere according to the requirements of performance 

specifications 6 and 12A at 40 CFR part 60, appendix B and 

quality assurance procedure 5 at 40 CFR part 60, appendix 

F.

(3) The owner or operator of a waste-burning kiln must 

demonstrate initial compliance by operating a mercury CEMS 

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.

(2) Develop a site-specific monitoring plan according 

to the requirements in paragraph (l) of this section. This 

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under 

§60.13(i).

(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 
199

sampling probe or other interface at a measurement location 

relative to each affected process unit such that the 

measurement is representative of control of the exhaust 

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

device).

(ii) Performance and equipment specifications for the 

sample interface, the pollutant concentration or parametric 

signal analyzer and the data collection and reduction 

systems.

(iii) Performance evaluation procedures and acceptance 

criteria (e.g., calibrations).

(iv) Ongoing operation and maintenance procedures in 

accordance with the general requirements of §60.11(d).

(v) Ongoing data quality assurance procedures in 

accordance with the general requirements of §60.13.

(vi) Ongoing recordkeeping and reporting procedures in 

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

(c)(1), (c)(4), (d), (e), (f) and (g).

(2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific 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 
200

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.

(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 pluggage daily).

(5) Conduct a performance evaluation of the pressure 
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monitoring system in accordance with your monitoring plan 

at the time of each performance test but no less frequently 

than annually.

(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.

(4) Conduct a performance evaluation (including a twopoint 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 
202

in paragraphs (l) and (p)(1) through (2) of this section.

(1) Install sensors to measure (secondary) voltage and 

current to the precipitator collection plates.

(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) through (3) of this section.

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

a representative measurement of the total sorbent injection 

rate.

(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.

(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.
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(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 EPA–454/R–98–

015 (incorporated by reference, see §60.17).

(4) Use a bag leak detection system equipped with a 

device to continuously record the output signal from the 

sensor.

(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 

compliance with the sulfur dioxide emission limit, 

compliance with the sulfur dioxide emission limit may be 

demonstrated by using the CEMS specified in §60.2730 to 

measure sulfur dioxide. 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. 

You must calculate a 30-day rolling average of the 1-hour 

arithmetic average emission concentrations, including CEMS 

data during startup and shutdown as defined in this 

subpart, using Equation 19-19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, appendix A-7. The 

sulfur dioxide CEMS must be operated according to 

performance specification 2 in appendix B of this part and 

must follow the procedures and methods specified in this 

paragraph (s). For sources that have actual inlet emissions 
204

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 in appendix B of 

this part, collect sulfur dioxide and oxygen (or carbon 

dioxide) data concurrently (or within a 30- to 60-minute 

period) with both the continuous emissions monitors and the 

test methods specified in paragraphs (s)(1)(i) and 

(s)(1)(ii) of this section.

(i) For sulfur dioxide, EPA Reference Method 6 or 6C, 

or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated 

by reference, see §60.17) must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10–

1981 (incorporated by reference, see §60.17), as 

applicable, must be used.

(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 rule. 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 rule.

(3) Conduct accuracy determinations quarterly and 

calibration drift tests daily in accordance with procedure 

1 in appendix F of this part.
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(t) For facilities using a CEMS to demonstrate 

continuous compliance with the nitrogen oxides emission 

limit, compliance with the nitrogen oxides emission limit 

may be demonstrated by using the CEMS specified in §60.2730 

to measure nitrogen oxides. 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. 

You must calculate a 30-day rolling average of the 1-hour 

arithmetic average emission concentration using Equation 

19-19 in section 12.4.1 of EPA Reference Method 19 at 40 

CFR part 60, appendix A-7. The nitrogen oxides CEMS must be 

operated according to performance specification 2 in 

appendix B of this part and must follow the procedures and 

methods specified in paragraphs (t)(1) through (t)(5) of 

this section.

(1) During each relative accuracy test run of the CEMS 

required by performance specification 2 of appendix B of 

this part, 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 (t)(1)(ii) of this section.

(i) For nitrogen oxides, EPA Reference Method 7 or 7E 

at 40 CFR part 60, appendix A-4 must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10–

1981 (incorporated by reference, see §60.17), as 

applicable, must be used.

(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 
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1 in appendix F of this part. 

(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 (t)(4)(iv) of this section. 

This relationship may be reestablished during performance 

compliance tests.

(i) The fuel factor equation in Method 3B must be used 

to determine the relationship between oxygen and carbon 

dioxide at a sampling location. Method 3A, 3B, or as an 

alternative ANSI/ASME PTC 19.10–1981 (incorporated by 

reference, see §60.17), as applicable, must be used to 

determine the oxygen concentration at the same location as 

the carbon dioxide monitor.

(ii) Samples must be taken for at least 30 minutes in 

each hour.

(iii) Each sample must represent a 1-hour average.

(iv) A minimum of 3 runs must be performed.

(u) For facilities using a continuous emissions 

monitoring system to demonstrate 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 
207

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 at 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.

(2) Operate all CEMS in accordance with the applicable 

procedures under appendices B and F of this part.

(v) Use of the bypass stack at any time is an 

emissions standards deviation for particulate matter, HCl, 

Pb, Cd, Hg, NOx, SO2, and dioxin/furans.

(w) For energy recovery units with a design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 

carbon monoxide CEMS, you must install, operate, and 

maintain a oxygen analyzer system as defined in §60.2875 

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 §60.2675. 

(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 CO 

performance test.

(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 Appendix A-7 
208

of this part.

(x) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour 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, ESP secondary 

power, PM scrubber pressure).

(1) Install, calibrate, operate, and maintain your PM 

CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with 

§60.2710(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.

(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of 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 
209

performance test according to the procedures specified in 

§60.2675.

(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 millamps.

(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).

(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 
210

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);

(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; and

(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 and to verify. Within 

45 days of the deviation, you must re-establish the CPMS 

operating limit. You are not required to conduct additional 
211

testing for any deviations that occur between the time of 

the original deviation and the PM emissions compliance test 

required under this paragraph.

(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.

§60.2715 By what date must I conduct the annual 

performance test?

You must conduct annual performance tests for 

particulate matter, hydrogen chloride, and opacity within 

12 months following between 11 and 13 months of the initial 

previous performance test. Conduct subsequent annual 

performance tests within 12 months following the previous 

one.

§60.2716 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 §60.2706.

§60.2720 May I conduct performance testing less often?

(a) You must conduct annual performance tests 

according to the schedule specified in §60.2715, with the 

following exceptions:
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(1) You may conduct a repeat performance test at any 

time to establish new values for the operating limits to 

apply from that point forward, as specified in §60.2725. 

The Administrator may request a repeat performance test at 

any time.

(2) You must repeat the performance test within 60 

days of a process change, as defined in §60.2875.

(3) If the initial or any subsequent performance test 

for any pollutant in table 2 or tables 6 through 9 of this 

subpart, as applicable, demonstrates that the emission 

level for the pollutant is no greater than the emission 

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of 

this section, as applicable, and you are not required to 

conduct a performance test for the pollutant in response to 

a request by the Administrator in paragraph (a)(1) of this 

section or a process change in paragraph (a)(2) of this 

section, you may elect to skip conducting a performance 

test for the pollutant for the next 2 years. You must 

conduct a performance test for the pollutant during the 

third year and no more than 37 months following the 

previous performance test for the pollutant. For cadmium 

and lead, both cadmium and lead must be emitted at emission 

levels no greater than their respective emission levels 

specified in paragraph (a)(3)(i) of this section for you to 

qualify for less frequent testing under this paragraph. 

(i) 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 table 2 

or tables 6 through 9 of this subpart, as applicable, to 

this subpart. 

(ii) For fugitive emissions, visible emissions (of 
213

combustion ash from the ash conveying system) for 2 percent 

of the time during each of the three 1-hour observation 

periods. 

(4) If you are conducting less frequent testing for a 

pollutant as provided in paragraph (a)(3) of this section 

and a subsequent performance test for the pollutant 

indicates that your CISWI unit does not meet the emission 

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of 

this section, as applicable, you must conduct annual 

performance tests for the pollutant according to the 

schedule specified in paragraph (a) of this section until 

you qualify for less frequent testing for the pollutant as 

specified in paragraph (a)(3) of this section.

(a) You can test less often for a given pollutant if 

you have test data for at least 3 years, and all 

performance tests for the pollutant (particulate matter, 

hydrogen chloride, or opacity) over 3 consecutive years 

show that you comply with the emission limitation. In this 

case, you do not have to conduct a performance test for 

that pollutant for the next 2 years. You must conduct a 

performance test during the third year and no more than 36 

months following the previous performance test.

(b) If your CISWI unit continues to meet the emission 

limitation for particulate matter, hydrogen chloride, or 

opacity you may choose to conduct performance tests for 

these pollutants every third year, but each test must be 

within 36 months of the previous performance test.

(c) If a performance test shows a deviation from an 

emission limitation for particulate matter, hydrogen 

chloride, or opacity, you must conduct annual performance 

tests for that pollutant until all performance tests over a 

3-year period show compliance.
214

§60.2725 May I conduct a repeat performance test to

establish new operating limits?

(a) Yes. You may conduct a repeat performance test at 

any time to establish new values for the operating limits. 

The Administrator may request a repeat performance test at 

any time.

(b) You must repeat the performance test if your feed 

stream is different than the feed streams used during any 

performance test used to demonstrate compliance.

Model Rule—Monitoring

§60.2730 What monitoring equipment must I install and 

what parameters must I monitor?

(a) If you are using a wet scrubber to comply with 

the emission limitation under §60.2670, you must install, 

calibrate (to manufacturers' specifications), maintain, and 

operate devices (or establish methods) for monitoring the 

value of the operating parameters used to determine 

compliance with the operating limits listed in table 3 of 

this subpart. These devices (or methods) must measure and 

record the values for these operating parameters at the 

frequencies indicated in table 3 of this subpart at all 

times except as specified in §60.2735(a).

(b) If you use a fabric filter to comply with the 

requirements of this subpart, you must install, calibrate, 

maintain, and continuously operate a bag leak detection 

system as specified in paragraphs (b)(1) through (8) of 

this section.
215

(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 sound 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 heard by plant 

operating personnel.

(7) For positive pressure fabric filter systems, a 

bag leak detection system must be installed in each 

baghouse compartment or cell. For negative pressure or 

induced air fabric filters, the bag leak detector must be 

installed downstream of the fabric filter.

(8) Where multiple detectors are required, the 

system’s instrumentation and alarm may be shared among 

detectors.
216

(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 §60.2670, you 

must install, calibrate (to the manufacturers’ 

specifications), maintain, and operate the equipment 

necessary to monitor compliance with the site-specific 

operating limits established using the procedures in 

§60.2680.

(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, you must complete the 

following:

(1) Following the date on which the initial 

performance test is completed or is required to be 

completed under §60.2690, 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 unit) or 

the minimum reagent flow rate measured as 3-hour block 

averages at all times. 

(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, you must monitor 

the secondary power to the electrostatic precipitator 

collection plates and maintain the 3-hour block averages at 
217

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, in place of hydrogen chloride 

testing with EPA Method 321 at 40 CFR part 63, appendix A, 

an owner or operator must install, calibrate, maintain, and 

operate a CEMS for monitoring hydrogen chloride emissions 

discharged to the atmosphere and record the output of the 

system. To demonstrate continuous compliance with the 

hydrogen chloride emissions limit for units other than 

waste-burning kilns not equipped with a wet scrubber or dry 

scrubber, a facility may substitute use of a hydrogen 

chloride CEMS for conducting the hydrogen chloride annual 

performance test, monitoring the minimum hydrogen chloride 

sorbent flow rate, monitoring the minimum scrubber liquor 

pH.

(h) To demonstrate continuous compliance with the 

particulate matter emissions limit, a facility may 

substitute use of a particulate matter CEMS for conducting 

the particulate matter annual performance test and other 

CMS monitoring for PM compliance (e.g., bag leak detectors, 

ESP secondary power, PM scrubber pressure).

(i) To demonstrate continuous compliance with the 

dioxin/furan emissions limit, a facility may substitute use 

of a continuous automated sampling system for the 

dioxin/furan annual performance test. You must record the 

output of the system and analyze the sample according to 

EPA Method 23 at 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 
218

sampling and testing using EPA Method 23 at 40 CFR part 60, 

appendix A-7 must install, calibrate, maintain and operate 

a continuous automated sampling system and must comply with 

the requirements specified in §60.58b(p) and (q). 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) To demonstrate continuous compliance with the 

mercury emissions limit, a facility may substitute use of a 

continuous automated sampling system for the mercury annual 

performance test. You must record the output of the system 

and analyze the sample at set intervals using any suitable 

determinative technique that can meet performance 

specification 12B criteria. This option to use a continuous 

automated sampling system takes effect on the date a final 

performance specification applicable to mercury from 

monitors is published in the Federal Register. The owner or 

operator who elects to continuously sample mercury 

emissions instead of sampling and testing using EPA Method 

29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-02 

(Reapproved 2008) (incorporated by reference, see §60.17), 

or an approved alternative method for measuring mercury 

emissions, must install, calibrate, maintain and operate a 

continuous automated sampling system and must comply with 

the requirements specified in §60.58b(p) and (q). A 

facility may substitute continuous mercury monitoring for 

the minimum sorbent flow rate, if activated carbon sorbent 

injection is used solely for compliance with the mercury 

emission limit.

(k) To demonstrate continuous compliance with the 

nitrogen oxides emissions limit, a facility may substitute 

use of a CEMS for the nitrogen oxides annual performance 

test to demonstrate compliance with the nitrogen oxides 
219

emissions limits and monitoring 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 appendix 

B of this part, the quality assurance procedure 1 of 

appendix F of this part and the procedures under §60.13 

must be followed for installation, evaluation and operation 

of the CEMS.

(2) Following the date that the initial performance 

test for nitrogen oxides is completed or is required to be 

completed under §60.2690, compliance with the emission 

limit for nitrogen oxides required under §60.52b(d) must be 

determined based on the 30-day rolling average of the 

hourly emission concentrations using CEMS outlet data. The 

1-hour arithmetic averages must be expressed in parts per 

million by volume corrected to 7 percent oxygen (dry basis) 

and used to calculate the 30-day rolling average 

concentrations. CEMS data during startup and shutdown, as 

defined in this subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content. The 1-

hour arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(l) To demonstrate continuous compliance with the 

sulfur dioxide emissions limit, a facility may substitute 

use of a continuous automated sampling system for the 

sulfur dioxide 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 
220

atmosphere and record the output of the system. The 

requirements under performance specification 2 of appendix 

B of this part, the quality assurance requirements of 

procedure 1 of appendix F of this part and the procedures 

under §60.13 must be followed for installation, evaluation 

and operation of the CEMS.

(2) Following the date that the initial performance 

test for sulfur dioxide is completed or is required to be 

completed under §60.2690, compliance with the sulfur 

dioxide emission limit may be determined based on the 30-

day rolling average of the hourly arithmetic average 

emission concentrations using CEMS outlet data. The 1-hour 

arithmetic averages must be expressed in parts per million 

corrected to 7 percent oxygen (dry basis) and used to 

calculate the 30-day rolling average emission 

concentrations. CEMS data during startup and shutdown, as 

defined in this subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content. The 1-

hour arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(m) For energy recovery units that do not use a wet 

scrubber, fabric filter with bag leak detection system, or 

particulate matter CEMS, 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 

§60.2670. Energy recovery units that use a particulate 

matter CEMS to demonstrate initial and continuing 

compliance according to the procedures in §60.2730(n) are 

not required to install a continuous opacity monitoring 

system and must perform the annual performance tests for 

opacity consistent with §60.2710(f).

(1) Install, operate and maintain each continuous 
221

opacity monitoring system according to performance 

specification 1 at 40 CFR part 60, appendix B.

(2) Conduct a performance evaluation of each 

continuous opacity monitoring system according to the 

requirements in §60.13 and according to performance 

specification 1 at 40 CFR part 60, appendix B.

(3) As specified in §60.13(e)(1), each continuous 

opacity monitoring system must complete a minimum of one 

cycle of sampling and analyzing for each successive 10-

second period and one cycle of data recording for each 

successive 6-minute period.

(4) Reduce the continuous opacity monitoring system 

data as specified in §60.13(h)(1).

(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 at 40 

CFR part 60, appendix A-3 or, as applicable, monitor with a 

particulate matter CPMS according to paragraph (r) of this 

section, must install, calibrate, maintain and operate a 

CEMS and must comply with the requirements specified in 

paragraphs (n)(1) through (n)(13) of this section. 

(1) Notify the Administrator 1 month before starting 

use of the system. 
222

(2) Notify the Administrator 1 month before stopping 

use of the system.

(3) The monitor must be installed, evaluated and 

operated in accordance with the requirements of performance 

specification 11 of appendix B of this part and quality 

assurance requirements of procedure 2 of appendix F of this 

part and §60.13. 

(4) The initial performance evaluation must be 

completed no later than 180 days after the final compliance 

date for meeting the amended emission limitations, as 

specified under §60.2690 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 at 40 CFR part 60, appendix A-3 

performance tests, whichever is later.

(5) 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 

§60.2710(s)(5)(i) through (s)(5)(iv).

(6) The owner or operator of an affected facility must 

conduct an initial performance test for particulate matter 

emissions as required under §60.2690. Compliance with the 

particulate matter emission limit, if PM CEMS are elected 

for demonstrating compliance, must be determined by using 

the CEMS specified in paragraph (n) of this section 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 
223

shutdown, as defined in this subpart, using Equation 19-19 

in section 12.4.1 of EPA Reference Method 19 at 40 CFR part 

60, appendix A-7 of this part. 

(7) 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 at 40 CFR part 60, Appendix A-7 

of the part from the 1-hour arithmetic average of the CEMS 

outlet data.

(8) At a minimum, valid continuous monitoring system 

hourly averages must be obtained as specified §60.2735. 

(9) The 1-hour arithmetic averages required under 

paragraph (n)(7) of this section must be expressed in 

milligrams per dry standard cubic meter corrected to 7 

percent oxygen (or carbon dioxide)(dry basis) and must be 

used to calculate the 30-day rolling average emission 

concentrations. CEMS data during startup and shutdown, as 

defined in this subpart, are not corrected to 7 percent 

oxygen, and are measured at stack oxygen content. The 1-

hour arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(10) All valid CEMS data must be used in calculating 

average emission concentrations even if the minimum CEMS 

data requirements of paragraph (n)(8) of this section are 

not met.

(11) The CEMS must be operated according to 

performance specification 11 in appendix B of this part. 

(12) During each relative accuracy test run of the 

CEMS required by performance specification 11 in appendix B 

of this part, particulate matter and oxygen (or carbon 

dioxide) data must be collected concurrently (or within a 
224

30-to 60-minute period) by both the continuous emissions 

monitors and the following test methods. 

(i) For particulate matter, EPA Reference Method 5 at 

40 CFR part 60, appendix A-3 must be used. 

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3A or 3B at 40 CFR part 60, appendix A-2, as 

applicable, must be used. 

(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance 

with procedure 2 in appendix F of this part. 

(o) To demonstrate continuous compliance with the 

carbon monoxide emissions limit, a facility may substitute 

use of a continuous automated sampling system for the 

carbon monoxide 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 4B of appendix 

B of this part, the quality assurance procedure 1 of 

appendix F of this part and the procedures under §60.13 

must be followed for installation, evaluation, and 

operation of the CEMS.

(2) Following the date that the initial performance 

test for carbon monoxide is completed or is required to be 

completed under §60.2690, compliance with the carbon 

monoxide emission limit may 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. Except for CEMS data during startup and shutdown, as 
225

defined in this subpart, the 1-hour arithmetic averages 

must be expressed in parts per million corrected to 7 

percent oxygen (dry basis) and used to calculate the 30-day 

rolling average emission concentrations. CEMS data 

collected during startup or shutdown, as defined in this 

subpart, are not corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 1-hour arithmetic 

averages must be calculated using the data points required 

under §60.13(e)(2). 

(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 design heat input 

capacity of 100 MMBtu per hour or greater that do not use a 

carbon monoxide CEMS, you must install, operate, and 

maintain a oxygen analyzer system as defined in §60.2875 

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 §60.2675. 

(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.
226

(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 Appendix A-7 

of this part.

(r) For energy recovery units with annual average heat 

input rates greater than or equal to 250 MMBtu/hour 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, ESP secondary 

power, PM scrubber pressure).

(1) Install, calibrate, operate, and maintain your PM 

CPMS according to the procedures in your approved sitespecific monitoring plan developed in accordance with 

§60.2710(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.

(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.

(iii) The PM CPMS must be capable of detecting and 

responding to particulate matter concentrations of no 

greater than 0.5 mg/actual cubic meter.

(2) During the initial performance test or any such 
227

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 

§60.2675.

(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 millamps.

(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).

(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);
228

(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);

(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; and

(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 and to verify. 
229

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.

(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.

§60.2735 Is there a minimum amount of monitoring data I 

must obtain?

For each continuous monitoring system required or 

optionally allowed under §60.2730, 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 §60.2770(o) of this part), 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 
230

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 the 

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 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.

(a)Except for monitoring malfunctions, associated 

repairs, and required quality assurance or quality control 

activities (including, as applicable, calibration checks 

and required zero and span adjustments of the monitoring 

system), you must conduct all monitoring at all times the 

CISWI unit is operating.

(b) Do not use data recorded during monitoring 

malfunctions, associated repairs, and required quality 

assurance or quality control activities for meeting the 

requirements of this subpart, including data averages and 

calculations. You must use all the data collected during 
231

all other periods in assessing compliance with the 

operating limits.

Model Rule—Recordkeeping and Reporting

§60.2740 What records must I keep?

You must maintain the 13items (as applicable) as 

specified in paragraphs (a), (b), and (e) through (mw) of 

this section for a period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in paragraphs (b)(1) 

through (6) of this section:

(1) The CISWI unit charge dates, times, weights, and 

hourly charge rates.

(2) Liquor flow rate to the wet scrubber inlet every 

15 minutes of operation, as applicable.

(3) Pressure drop across the wet scrubber system every 

15 minutes of operation or amperage to the wet scrubber 

every 15 minutes of operation, as applicable.

(4) Liquor pH as introduced to the wet scrubber every 

15 minutes of operation, as applicable.

(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under

§60.2675(d) through (g) or §60.2680, 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. 
232

(6) If a fabric filter is used to comply with the 

emission limitations, you must record the date, time, and 

duration of each alarm and the time corrective action was 

initiated and completed, and a brief description of the 

cause of the alarm and the corrective action taken. You 

must also record the percent of operating time during each 

6-month period that the alarm sounds, calculated as 

specified in §60.2675(c).

(c) [Reserved] Identification of calendar dates and 

times for which monitoring systems used to monitor 

operating limits were inoperative, inactive, 

malfunctioning, or out of control (except for downtime 

associated with zero and span and other routine calibration 

checks). Identify the operating parameters not measured, 

the duration, reasons for not obtaining the data, and a 

description of corrective actions taken

(d) [Reserved]

Identification of calendar dates, times, and durations 

of malfunctions, and a description of the malfunction and 

the corrective action taken.

(e) Identification of calendar dates and times for 

which data show a deviation from the operating limits in 

table 3 of this subpart or a deviation from other operating 

limits established under §60.2675(d) through (g) or 

§60.2680 with a description of the deviations, reasons for 

such deviations, and a description of corrective actions 

taken.

(f) The results of the initial, annual, and any 

subsequent performance tests conducted to determine 

compliance with the emission limits and/or to establish 

operating limits, as applicable. Retain a copy of the 

complete test report including calculations.
233

(g) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2660(a) 

as required by §60.2660(b), including the date of the 

initial review and all subsequent annual reviews.

(h) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2635, met the criteria for qualification under 

§60.2645, and maintained or renewed their qualification 

under §60.2650 or §60.2655. Records must include 

documentation of training, the dates of the initial and 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(i) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours.

(j) Records of calibration of any monitoring devices 

as required under §60.2730.

(k) Equipment vendor specifications and related 

operation and maintenance requirements for the incinerator, 

emission controls, and monitoring equipment.

(l) The information listed in §60.2660(a).

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

waste burned and the types of waste burned (always 

required).

(n) Maintain records of the annual air pollution 

control device inspections that are required for each CISWI 

unit subject to the emissions limits in table 2 of this 

subpart or tables 6 through 9 of this subpart, any required 

maintenance and any repairs not completed within 10 days of 

an inspection or the timeframe established by the state 
234

regulatory agency.

(o) For continuously monitored pollutants or 

parameters, you must document and keep a record of the 

following parameters measured using continuous monitoring 

systems.

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur 

dioxide emissions. You must indicate which data are CEMS 

data during startup and shutdown.

(3) All 1-hour average concentrations of nitrogen 

oxides emissions. You must indicate which data are CEMS 

data during startup and shutdown.

(4) All 1-hour average concentrations of carbon 

monoxide emissions. You must indicate which data are CEMS 

data during startup and shutdown.

(5) All 1-hour average concentrations of particulate 

matter emissions. You must indicate which data are CEMS 

data during startup and shutdown.

(6) All 1-hour average concentrations of mercury 

emissions. You must indicate which data are CEMS data 

during startup and shutdown.

(7) All 1-hour average concentrations of hydrogen 

chloride emissions. You must indicate which data are CEMS 

data during startup and shutdown.

(8) All 1-hour average percent oxygen concentrations.

(9) All 1-hour average PM CPMS readings or particulate 

matter CEMS outputs.
235

(p) Records indicating use of the bypass stack, 

including dates, times and durations. 

(q) If you choose to stack test less frequently than 

annually, consistent with §60.2720(a) through (c), 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.

(r) Records of the occurrence and duration of each 

malfunction of operation (i.e., process equipment) or the 

air pollution control and monitoring equipment.

(s) Records of all required maintenance performed on 

the air pollution control and monitoring equipment.

(t) Records of actions taken during periods of 

malfunction to minimize emissions in accordance with 

§60.11(d), including corrective actions to restore 

malfunctioning process and air pollution control and 

monitoring equipment to its normal or usual manner of 

operation.

(u) For operating units that combust non-hazardous 

secondary materials that have been determined not to be 

solid waste pursuant to §241.3(b)(1), you must keep a 

record which documents how the secondary material meets 

each of the legitimacy criteria under §241.3(d)(1). If you 

combust a fuel that has been processed from a discarded 

non-hazardous secondary material pursuant to §241.3(b)(4), 

you must keep records as to how the operations that 

produced the fuel satisfies the definition of processing in 

§241.2 and each of the legitimacy criteria in §241.3(d)(1) 
236

of this chapter. If the fuel received a non-waste 

determination pursuant to the petition process submitted 

under §241.3(c), 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 §241.4, you must keep 

records documenting that the material is a listed non-waste 

under §241.4(a).

(v) 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.

(w) 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.

§60.2745 Where and in what format must I keep my records?

All records must be available onsite in either paper 

copy or computer-readable format that can be printed upon 

request, unless an alternative format is approved by the 

Administrator.

§60.2750 What reports must I submit?

See table 5 of this subpart for a summary of the 

reporting requirements.
237

§60.2755 When must I submit my waste management plan?

You must submit the waste management plan no later 

than the date specified in table 1 of this subpart for 

submittal of the final control plan.

§60.2760 What information must I submit following my 

initial performance test?

You must submit the information specified in 

paragraphs (a) through (c) of this section no later than 60 

days following the initial performance test. All reports 

must be signed by the facilities manager.

(a) The complete test report for the initial 

performance test results obtained under §60.2700, as 

applicable.

(b) The values for the site-specific operating limits 

established in §60.2675 or §60.2680.

(c) If you are using a fabric filter to comply with 

the emission limitations, documentation that a bag leak 

detection system has been installed and is being operated, 

calibrated, and maintained as required by §60.2730(b).

§60.2765 When must I submit my annual report?

You must submit an annual report no later than 12 

months following the submission of the information in 

§60.2760. You must submit subsequent reports no more than 

12 months following the previous report. (If the unit is 

subject to permitting requirements under title V of the 

Clean Air Act, you may be required by the permit to submit 
238

these reports more frequently.)

§60.2770 What information must I include in my annual 

report?

The annual report required under §60.2765 must include 

the ten items listed in paragraphs (a) through (j) of this 

section. If you have a deviation from the operating limits 

or the emission limitations, you must also submit deviation 

reports as specified in §§60.2775, 60.2780, and 60.2785.

(a) Company name and address.

(b) Statement by a responsible official, with that 

official's name, title, and signature, certifying the 

accuracy of the content of the report.

(c) Date of report and beginning and ending dates of 

the reporting period.

(d) The values for the operating limits established 

pursuant to §60.2675 or §60.2680.

(e) If no deviation from any emission limitation or 

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting 

period., and that no monitoring system used to determine 

compliance with the operating limits was inoperative, 

inactive, malfunctioning or out of control.

(f) The highest recorded 3-hour average and the lowest 

recorded 3-hour average, as applicable, for each operating 

parameter recorded for the calendar year being reported.

(g) Information recorded under §60.2740(b)(6) and (c) 
239

through (e) for the calendar year being reported.

(h) If a performance test was conducted during the 

reporting period, the results of that test.

(i) If you met the requirements of §60.2720(a) or (b), 

and did not conduct a performance test during the reporting 

period, you must state that you met the requirements of 

§60.2720(a) or (b), and, therefore, you were not required 

to conduct a performance test during the reporting period.

(j) Documentation of periods when all qualified CISWI 

unit operators were unavailable for more than 8 hours, but 

less than 2 weeks.

(k) If you had a malfunction during the reporting 

period, the compliance report must include the number, 

duration, and a brief description for each type of 

malfunction that occurred during the reporting period and 

that caused or may have caused any applicable emission 

limitation to be exceeded. The report must also include a 

description of actions taken by an owner or operator during 

a malfunction of an affected source to minimize emissions 

in accordance with §60.11(d), including actions taken to 

correct a malfunction.

(l) For each deviation from an emission or operating 

limitation that occurs for a CISWI unit 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 of the CISWI unit at 

which the deviation occurred during the reporting period.

(2) Information on the number, duration, and cause of 

deviations (including unknown cause, if applicable), as 
240

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 unit 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 date, time, and duration that each CMS was 

inoperative, except for zero (low-level) and high-level 

checks.

(3) The date, time, and duration that each continuous 

monitoring system was out-of-control, including start and 

end dates and hours 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 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 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.
241

(7) A summary of the total duration 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 unit 

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 unit.

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring 

system. 

(11) The date of the latest continuous monitoring 

system certification or audit.

(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.

(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.
242

(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.

(3) The continuous opacity monitoring system 

calibration drift exceeds two times the limit in the 

applicable performance specification in the relevant 

standard.

(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.

§60.2775 What else must I report if I have a deviation 

from the operating limits or the emission limitations?

(a) You must submit a deviation report if any 

recorded 3-hour average parameter level is above the 

maximum operating limit or below the minimum operating 

limit established under this subpart, if the bag leak 

detection system alarm sounds for more than 5 percent of 

the operating time for the 6-month reporting period, or if 

a performance test was conducted that deviated from any 

emission limitation.

(b) The deviation report must be submitted by August 

1 of that year for data collected during the first half of 

the calendar year (January 1 to June 30), and by February 1 

of the following year for data you collected during the 

second half of the calendar year (July 1 to December 31).
243

§60.2780 What must I include in the deviation report?

In each report required under §60.2775, for any 

pollutant or parameter that deviated from the emission 

limitations or operating limits specified in this subpart, 

include the six items described in paragraphs (a) through 

(f) of this section.

(a) The calendar dates and times your unit deviated 

from the emission limitations or operating limit 

requirements.

(b) The averaged and recorded data for those dates.

(c) Duration and causes of the following:

(1) eEach deviation from the emission limitations or

operating limits and your corrective actions.

(2) Bypass events and your corrective actions.

(d) A copy of the operating limit monitoring data 

during each deviation and any test report that documents 

the emission levels.

(e) The dates, times, number, duration, and causes 

for monitoring downtime incidents (other than downtime 

associated with zero, span, and other routine calibration 

checks).

(f) Whether each deviation occurred during a period 

of startup, shutdown, or malfunction, or during another 

period.

§60.2785 What else must I report if I have a deviation 

from the requirement to have a qualified operator 
244

accessible?

(a) If all qualified operators are not accessible for 

2 weeks or more, you must take the two actions in 

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

(1) Submit a notification of the deviation within 10

days that includes the three items in paragraphs (a)(1)(i) 

through (iii) of this section.

(i) A statement of what caused the deviation.

(ii) A description of what you are doing to ensure 

that a qualified operator is accessible.

(iii) The date when you anticipate that a qualified 

operator will be available.

(2) Submit a status report to the Administrator every 

4 weeks that includes the three items in paragraphs 

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

(i) A description of what you are doing to ensure that 

a qualified operator is accessible.

(ii) The date when you anticipate that a qualified 

operator will be accessible.

(iii) Request approval from the Administrator to 

continue operation of the CISWI unit.

(b) If your unit was shut down by the Administrator, 

under the provisions of §60.2665(b)(2), due to a failure to 

provide an accessible qualified operator, you must notify 

the Administrator that you are resuming operation once a 

qualified operator is accessible.
245

§60.2790 Are there any other notifications or reports 

that I must submit?

(a) Yes. You must submit notifications as provided by 

§60.7.

(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 

§60.2710(a). The notification must identify:

(1) The name of the owner or operator of the CISWI 

unit, 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 40 CFR part 63 subpart and subcategory 

that will be applicable after you cease combusting solid 

waste;

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

waste(s) the CISWI unit is currently combusting and has 

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(4) The date on which you became subject to the 

currently applicable emission limits;

(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. 

§60.2795 In what form can I submit my reports?
246

(a) Submit initial, annual, and deviation reports 

electronically or in paper format, postmarked on or before 

the submittal due dates.

(b) Submit results of performance tests and CEMS 

performance evaluation tests as follows. 

(1) Within 60 days after the date of completing each 

performance test as required by this subpart, you must 

submit the results of the performance tests required by 

this subpart to EPA's WebFIRE database by using the 

Compliance and Emissions Data Reporting Interface (CEDRI) 

that is accessed through EPA's Central Data Exchange (CDX)( 

www.epa.gov/cdx ). Performance test data must be submitted 

in the file format generated through use of EPA's 

Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/index.html ). Only data 

collected using test methods on the ERT Web site are 

subject to this requirement for submitting reports 

electronically to WebFIRE. Owners or operators who claim 

that some of the information being submitted for 

performance tests is confidential business information 

(CBI) must submit a complete ERT file including information 

claimed to be CBI on a compact disk, flash drive, or other 

commonly used electronic storage media to EPA. The 

electronic media must be clearly marked as CBI and mailed 

to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 

Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 

27703. The same ERT file with the CBI omitted must be 

submitted to EPA via CDX as described earlier in this 

paragraph. At the discretion of the delegated authority, 

you must also submit these reports, including the 

confidential business information, to the delegated 

authority in the format specified by the delegated 

authority. For any performance test conducted using test 

methods that are not listed on the ERT Web site, the owner 
247

or operator shall submit the results of the performance 

test in paper submissions to the Administrator.

(2) Within 60 days after the date of completing each 

CEMS performance evaluation test, as defined in this 

subpart and required by this subpart, you must submit the 

relative accuracy test audit (RATA) data electronically 

into EPA's Central Data Exchange by using CEDRI as 

mentioned in paragraph (b)(1) of this section. Only RATA 

pollutants that can be documented with the ERT (as listed 

on the ERT Web site) are subject to this requirement. For 

any performance evaluations with no corresponding RATA 

pollutants listed on the ERT Web site, the owner or 

operator shall submit the results of the performance 

evaluation in paper submissions to the Administrator.

§60.2800 Can reporting dates be changed?

If the Administrator agrees, you may change the 

semiannual or annual reporting dates. See §60.19(c) for 

procedures to seek approval to change your reporting date.

Model Rule—Title V Operating Permits

§60.2805 Am I required to apply for and obtain a title V 

operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator 

subject to standards under this subpart must operate 

pursuant to a permit issued under Clean Air Act sections

129(e) and Ttitle V. of the Clean Air Act. by the later of 

the two dates in paragraphs (a) and (b) of this section.

(a) Thirty-six months after December 1, 2000.
248

(b) The effective date of the title V permit program to 

which your unit is subject. If your unit is subject to 

title V as a result of some triggering requirement(s) other 

than this subpart (for example, being a major source), then 

your unit may be required to apply for and obtain a title V 

permit prior to the deadlines noted above. If more than one 

requirement triggers the requirement to apply for a title V 

permit, the 12-month timeframe for filing a title V 

application is triggered by the requirement which first 

causes the source to be subject to title V.

Model Rule—Air Curtain Incinerators

§60.2810 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully 

projecting a curtain of air across an open chamber or open 

pit in which combustion occurs. Incinerators of this type 

can be constructed above or below ground and with or 

without refractory walls and floor. (Air curtain 

incinerators are not to be confused with conventional 

combustion devices with enclosed fireboxes and controlled 

air technology such as mass burn, modular, and fluidized 

bed combustors.)

(b) Air curtain incinerators that burn only the 

materials listed in paragraphs (b)(1) through (3) of this 

section are only required to meet the requirements under 

“Air Curtain Incinerators” (§§60.2810 through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean 
249

lumber, and/or yard waste.

§60.2815 What are my requirements for meeting increments 

of progress and achieving final compliance?

If you plan to achieve compliance more than 1 year 

following the effective date of State plan approval, you 

must meet the two increments of progress specified in 

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

(a) Submit a final control plan.

(b) Achieve final compliance.

§60.2820 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for 

each of the increments of progress.

§60.2825 What must I include in the notifications of 

achievement of increments of progress?

Your notification of achievement of increments of 

progress must include the three items described in 

paragraphs (a) through (c) of this section.

(a) Notification that the increment of progress has 

been achieved.

(b) Any items required to be submitted with each 

increment of progress (see §60.2840).

(c) Signature of the owner or operator of the 
250

incinerator.

§60.2830 When must I submit the notifications of 

achievement of increments of progress?

Notifications for achieving increments of progress 

must be postmarked no later than 10 business days after the 

compliance date for the increment.

§60.2835 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must 

submit a notification to the Administrator postmarked 

within 10 business days after the date for that increment 

of progress in table 1 of this subpart. You must inform the 

Administrator that you did not meet the increment, and you 

must continue to submit reports each subsequent calendar 

month until the increment of progress is met.

§60.2840 How do I comply with the increment of progress 

for submittal of a control plan?

For your control plan increment of progress, you must 

satisfy the two requirements specified in paragraphs (a) 

and (b) of this section.

(a) Submit the final control plan, including a 

description of any devices for air pollution control and 

any process changes that you will use to comply with the 

emission limitations and other requirements of this 

subpart.
251

(b) Maintain an onsite copy of the final control plan.

§60.2845 How do I comply with the increment of progress 

for achieving final compliance?

For the final compliance increment of progress, you 

must complete all process changes and retrofit construction 

of control devices, as specified in the final control plan, 

so that, if the affected incinerator is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed.

§60.2850 What must I do if I close my air curtain 

incinerator and then restart it?

(a) If you close your incinerator but will reopen it 

prior to the final compliance date in your State plan, you 

must meet the increments of progress specified in §60.2815.

(b) If you close your incinerator but will restart it 

after your final compliance date, you must complete 

emission control retrofits and meet the emission 

limitations on the date your incinerator restarts 

operation.

§60.2855 What must I do if I plan to permanently close my 

air curtain incinerator and not restart it?

If you plan to close your incinerator rather than 

comply with the State plan, submit a closure notification, 

including the date of closure, to the Administrator by the 

date your final control plan is due.
252

§60.2860 What are the emission limitations for air 

curtain incinerators?

(a) After the date the initial stack test is required 

or completed (whichever is earlier), you must meet the 

limitations in paragraphs (a)(1) and (b2) 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.

(1) The opacity limitation is 10 percent (6-minute 

average), except as described in paragraph (a)(2) of this 

section.

(2) The opacity limitation is 35 percent (6-minute 

average) during the startup period that is within the first 

30 minutes of operation.

(b) Except during malfunctions, the requirements of 

this subpart apply at all times, and each malfunction must 

not exceed 3 hours.

§60.2865 How must I monitor opacity for air curtain 

incinerators?

(a) Use Method 9 of appendix A of this part to 

determine compliance with the opacity limitation.
253

(b) Conduct an initial test for opacity as specified 

in §60.8 no later than 180 days after your final compliance 

date.

(c) After the initial test for opacity, conduct annual 

tests no more than 12 calendar months following the date of 

your previous test.

§60.2870 What are the recordkeeping and reporting 

requirements for air curtain incinerators?

(a) Keep records of results of all initial and annual 

opacity tests onsite in either paper copy or electronic 

format, unless the Administrator approves another format, 

for at least 5 years.

(b) Make all records available for submittal to the 

Administrator or for an inspector's onsite review.

(c) Submit an initial report no later than 60 days 

following the initial opacity test that includes the 

information specified in paragraphs (c) (1) and (2) of this 

section.

(1) The types of materials you plan to combust in your 

air curtain incinerator.

(2) The results (as determined by the average of three 

1-hour blocks consisting of teneach 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 
254

submittal date and keep a copy onsite for a period of 5 

years.

Model Rule—Definitions

§60.2875 What definitions must I know?

Terms used but not defined in this subpart are defined 

in the Clean Air Act and subparts A and B of this part.

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.

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.

Affirmative defense means, in the context of an 

enforcement proceeding, a response or defense put forward 

by a defendant, regarding which the defendant has the 

burden of proof, and the merits of which are independently 

and objectively evaluated in a judicial or administrative 

proceeding.

Agricultural waste means vegetative agricultural 

materials such as nut and grain hulls and chaff (e.g., 

almond, walnut, peanut, rice, and wheat), bagasse, orchard 

prunings, corn stalks, coffee bean hulls and grounds, and 

other vegetative waste materials generated as a result of 

agricultural operations.

Air curtain incinerator means an incinerator that 
255

operates by forcefully projecting a curtain of air across 

an open chamber or pit in which combustion occurs. 

Incinerators of this type can be constructed above or below 

ground and with or without refractory walls and floor. (Air 

curtain incinerators are not to be confused with 

conventional combustion devices with enclosed fireboxes and 

controlled air technology such as mass burn, modular, and 

fluidized bed combustors.)

Annual heat input means the heat input for the 12 

months preceding the compliance demonstration.

Auxiliary fuel means natural gas, liquified 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.
256

Calendar quarter means three consecutive months 

(nonoverlapping) beginning on: January 1, April 1, July 1, 

or October 1.

Calendar year means 365 consecutive days starting on 

January 1 and ending on December 31.

CEMS data during startup and shutdown means the 

following:

(1) For incinerators, small remote incinerators, and 

energy recovery units: CEMS data collected during the first 

hours of operation of a CISWI unit 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 unit 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 waste-burning kilns: CEMS data collected 

during the periods of kiln operation that do not include 

normal operations. Startup begins when the kiln’s induced 

fan is turned on and continues until continuous feed is 

introduced into the kiln, at which time the kiln is in 

normal operating mode. Shutdown begins when feed to the 

kiln is halted.

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 
257

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.

(7) Units burning only photographic film to recover 

silver.

Chemotherapeutic waste means waste material resulting 

from the production or use of antineoplastic agents used 

for the purpose of stopping or reversing the growth of 

malignant cells.

Clean lumber means wood or wood products that have 

been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood 

products that have been painted, pigment-stained, or

pressure-treated by compounds such as chromate copper 
258

arsenate, pentachlorophenol, and creosote.

Commercial and industrial solid waste incineration 

(CISWI) unit means any distinct operating unit of any 

commercial or industrial facility that combusts, or has 

combusted in the preceding 6 months, any solid waste as 

that term is defined in 40 CFR part 241. If the operating 

unit burns materials other than traditional fuels as 

defined in §241.2 that have been discarded, and you do not 

keep and produce records as required by §60.2740(u), the 

operating unit is a CISWI unit. While not all CISWI units 

will include all of the following components, a CISWI unit 

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 unit 

does not include air pollution control equipment or the 

stack. The CISWI unit 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 unit includes all ash handling systems connected 

to the bottom ash handling system. means any combustion 

unit that combusts commercial or industrial waste (as 

defined in this subpart), that is a distinct operating unit 

of any commercial or industrial facility (including field 

erected, modular, and custom built incineration units 

operating with starved or excess air), and any air curtain 

incinerator that is a distinct operating unit of any 

commercial or industrial facility that does not comply with 

the opacity limits under this subpart applicable to air 

curtain incinerators burning commercial or industrial 

waste. While not all CISWI units will include all of the 

following components, a CISWI unit includes, but is not 
259

limited to, the commercial or industrial solid waste feed 

system, grate system, flue gas system, waste heat recovery 

equipment, if any, and bottom ash system. The CISWI unit 

does not include air pollution control equipment or the 

stack. The CISWI unit boundary starts at the commercial or 

industrial 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 unit includes all ash handling 

systems connected to the bottom ash handling system. A 

CISWI unit does not include any of the fifteen types of 

units described in §60.2555 of this subpart, nor does it 

include any combustion turbine or reciprocating internal 

combustion engine.

Commercial or industrial waste means solid waste (as 

defined in this subpart) that is combusted at any 

commercial or industrial facility using controlled flame 

combustion in an enclosed, distinct operating unit: Whose 

design does not provide for energy recovery (as defined in 

this subpart); or operated without energy recovery (as 

defined in this subpart). Commercial or industrial waste 

also means solid waste (as defined in this subpart) 

combusted in an air curtain incinerator that is a distinct 

operating unit of any commercial or industrial facility.

Contained gaseous material means gases that are in a 

container when that container is combusted.

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 
260

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 barrel burnerburn 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, 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.;

(2) Fails to meet any term or condition that is 

adopted to implement an applicable requirement in this 

subpart and that is included in the operating permit for 

any affected source required to obtain such a permit.; or

(3) Fails to meet any emission limitation, operating 

limit, or operator qualification and accessibility 

requirement in this subpart during startup, shutdown, or 
261

malfunction, regardless or whether or not such failure is 

permitted by this subpart.

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 that term is defined by the 

Adminitrator under Resource Conservation and Recovery Act 

in 40 CFR 241) for energy recovery. Energy recovery units 

include units that would be considered boilers and process 

heaters if they did not combust solid waste. 

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.
262

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 that term is defined by the 

Administrator under Resource Conservation and Recovery Act 

in 40 CFR 241) for the purpose of reducing the volume of 
263

the waste by removing combustible matter. Incinerator 

designs include single chamber and two-chamber.

Kiln means an oven or furnace, including any 

associated preheater or precalciner devices, 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. 

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 byproduct material as defined by the Atomic Energy Act of 

1954 (42 U.S.C. 2014(e)(2)).

Malfunction means any sudden, infrequent, and not 

reasonably preventable failure of air pollution control 

equipment, process equipment, or a process to operate in a 

normal or usual manner. Failures that are caused, in part, 

by poor maintenance or careless operation are not 
264

malfunctions.

Minimum voltage or amperage means 90 percent of the 

lowest test-run average voltage or amperage to the 

electrostatic precipitator measured from the pressure drop 

and liquid flow rate monitors during the most recent 

particulate matter or mercury performance test 

demonstrating compliance with the applicable emission 

limits.

Modification or modified CISWI unit means a CISWI unit

that has been you have changed later than [THE DATE SIX 

MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER], and that meets one of two criteria:

(1) The cumulative cost of the changes over the life 

of the unit exceeds 50 percent of the original cost of 

building and installing the CISWI unit (not including the 

cost of land) updated to current costs (current dollars). 

To determine what systems are within the boundary of the 

CISWI unit used to calculate these costs, see the 

definition of CISWI unit.

(2) Any physical change in the CISWI unit or change 

in the method of operating it that increases the amount of 

any air pollutant emitted for which section 129 or section 

111 of the Clean Air Act has established standards.

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 
265

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 12:00 

midnight and the following midnight during which any amount 

of solid waste is combusted at any time in the CISWI unit.

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 hwar, 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. 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.
266

Part reclamation unit means a unit that burns coatings 

off parts (e.g., tools, equipment) so that the parts can be 

reconditioned and reused.

Particulate matter means total particulate matter 

emitted from CISWI units as measured by Method 5 or Method 

29 of appendix A of this part.

Pathological waste means waste material consisting of 

only human or animal remains, anatomical parts, and/or 

tissue, the bags/containers used to collect and transport 

the waste material, and animal bedding (if applicable).

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 unit which may increase the emission 

rate of any air pollutant to which a standard applies;

(2) An operational change to the CISWI unit 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 
267

comply with the emission limits for the CISWI unit (e.g., 

replacing an electrostatic precipitator with a fabric 

filter);

(4) An operational change to the air pollution control 

devices used to comply with the emission limits for the 

affected CISWI unit (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 unit and 

meeting two criteria:

(1) The reconstruction begins on or after June 1, 

2001.

(2) The cumulative cost of the construction over the 

life of the incineration unit exceeds 50 percent of the 

original cost of building and installing the CISWI unit 

(not including land) updated to current costs (current 

dollars). To determine what systems are within the boundary 

of the CISWI unit used to calculate these costs, see the 

definition of CISWI unit.
268

Refuse-derived fuel means a type of municipal solid 

waste produced by processing municipal solid waste through 

shredding and size classification. This includes all 

classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through 

densified refuse-derived fuel.

(2) Pelletized refuse-derived fuel.

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:

(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 part, a 

principal executive officer of a Federal agency includes 
269

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 in so far as 

actions, standards, requirements, or prohibitions under 

Title IV of the Clean Air Act or the regulations 

promulgated thereunder are concerned; or

(ii) The designated representative for any other 

purposes under part 60.

Shutdown means 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 that term is defined by the 

Administrator in 40 CFR 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.

Solid waste means any garbage, refuse, sludge from a 

waste treatment plant, water supply treatment plant, or air 

pollution control facility and other discarded material, 

including solid, liquid, semisolid, or contained gaseous 

material resulting from industrial, commercial, mining, 

agricultural operations, and from community activities, but 

does not include solid or dissolved material in domestic 

sewage, or solid or dissolved materials in irrigation 

return flows or industrial discharges which are point 

sources subject to permits under section 402 of the Federal 

Water Pollution Control Act, as amended (33 U.S.C. 1342), 

or source, special nuclear, or byproduct material as 

defined by the Atomic Energy Act of 1954, as amended (42 

U.S.C. 2014).
270

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 

40 CFR 241.2.

Solid waste incineration unit means a distinct 

operating unit of any facility which combusts any solid 

waste (as that term is 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). Such term 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 
271

(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 40 CFR 279.23. A space heater is not an incinerator, a 

waste-burning kiln, an energy recovery unit or a small, 

remote incinerator under this subpart.

Standard conditions, when referring to units of 

measure, means a temperature of 68 °F (20 °C) and a 

pressure of 1 atmosphere (101.3 kilopascals).

Startup period means the period of time between the 

activation of the system and the first charge to the unit.

Waste-burning kiln means a kiln that is heated, in 

whole or in part, by combusting solid waste (as the term is 

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 usesutilizes an aqueous or alkaline scrubbing 

liquor to collect particulate matter (including nonvaporous 

metals and condensed organics) and/or to absorb and 

neutralize acid gases.

Wood waste means untreated wood and untreated wood 

products, including tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, sawdust, chips, 

scraps, slabs, millings, and shavings. Wood waste does not 

include:
272

(1) Grass, grass clippings, bushes, shrubs, and 

clippings from bushes and shrubs from residential, 

commercial/retail, institutional, or industrial sources as 

part of maintaining yards or other private or public lands.

(2) Construction, renovation, or demolition wastes.

(3) Clean lumber.

Table 1 to Subpart DDDD of Part 60—Model Rule—Increments of 

Progress and Compliance Schedules

Comply with these increments 

of progress By these datesa

Increment 1—Submit final 

control plan

(Dates to be specified in 

sState plan)

Increment 2—Final compliance (Dates to be specified in 

sState plan)b

a Site-specific schedules can be used at the discretion of 

the state.

b The date can be no later than 3 years after the effective 

date of sState plan approval or December 1, 2005 for CISWI 

units that commenced construction on or before November 30, 

1999. The date can be no later than 3 years after the 

effective date of approval of a revised state plan or [THE 

DATE 5 YEARS AFTER THE DATE OF PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER] for CISWI units that 

commenced construction on or before June 4, 2010.

Table 2 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Incinerators Before [Date to be 

specified in state plan]b. 

For the air 

pollutant

You must 

meet this 

Using this 

averaging time

And 

determining 
273

emission 

limitationa

compliance 

using this 

method

Cadmium 0.004 

milligrams 

per dry 

standard 

cubic meter

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

29 of appendix 

A of this 

part)

Carbon 

monoxide

157 parts 

per million 

by dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

10, 10A, or 

10B, of 

appendix A of 

this part)

Dioxins/furans 

(toxic 

equivalency 

basis)

0.41 

nanograms 

per dry 

standard 

cubic meter

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

23 of appendix 

A of this 

part)

Hydrogen 

chloride

62 parts per 

million by 

dry volume

3-run average 

(For Method 26, 

collect a 

minimum volume 

of 120 liters 

per run. For 

Method 26A, 

collect a 1 hour 

minimum volume 

of 1 dry 

standard cubic 

meter sample 

time per run)

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60,of appendix 

A-8 of this 

part)
274

Lead 0.04 

milligrams 

per dry 

standard 

cubic meter

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

29 of appendix 

A of this 

part)

Mercury 0.47 

milligrams 

per dry 

standard 

cubic meter

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60,of appendix 

A-8 of this 

part) or ASTM 

D6784-02 

(Reapproved 

2008)c

Opacity 10 percent Three 1-hour 

blocks 

consisting of 

ten 6-minute 

average opacity 

values 6-minute 

averages

Performance 

test (Method 9 

at 40 CFR part 

60, of

appendix A-4

of this part).

Oxides of 

nitrogen

388 parts 

per million 

by dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Methods 

7 , 7A, 7C, 

7D, or 7E at 

40 CFR part 

60, of 

appendix A-4

of this part)

Particulate 

matter

70 

milligrams 

per dry 

3-run average (1 

hour minimum 

sample time per 

Performance 

test (Method 5 

or 29 of 
275

standard 

cubic meter

run) appendix A of 

this part)

Sulfur dioxide 20 parts per 

million by 

dry volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 6 

or 6c of 

appendix A of 

this part)

a All emission limitations (except for opacity) are 

measured at 7 percent oxygen, dry basis at standard 

conditions.

b Applies only to incinerators subject to the CISWI 

standards through a state plan or the Federal plan prior to 

June 4, 2010. The date specified in the state plan can be 

no later than 3 years after the effective date of approval 

of a revised state plan or [THE DATE 5 YEARS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

c Incorporated by reference, see §60.17.

Table 3 to Subpart DDDD of Part 60—Model Rule—Operating 

Limits for Wet Scrubbers

For these 

operating 

parameters

You must 

establish 

these 

operating 

limits

And monitor using these minimum 

frequencies

Data 

measurement

Data 

recording Averaging time

Charge rate Maximum 

charge 

rate

Continuous Every 

hour

Daily (batch 

units). 3-hour 

rolling 

(continuous and 

intermittent 

units)a

Pressure 

drop across 

Minimum 

pressure 

Continuous Every 15 

minutes

3-hour rollinga
276

the wet 

scrubber or 

amperage to 

wet scrubber

drop or 

amperage

Scrubber 

liquor flow 

rate

Minimum 

flow rate

Continuous Every 15 

minutes

3-hour rollinga

Scrubber 

liquor pH

Minimum pH Continuous Every 15 

minutes

3-hour rollinga

aCalculated each hour as the average of the previous 3 

operating hours.

Table 4 to Subpart DDDD of Part 60—Model Rule—Toxic 

Equivalency Factors

Dioxin/furan congenerisomer

Toxic equivalency 

factor

2,3,7,8-tetrachlorinated dibenzo-pdioxin1

1,2,3,7,8-pentachlorinated dibenzo-pdioxin0.5

1,2,3,4,7,8-hexachlorinated dibenzo-pdioxin0.1

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin0.1

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin0.1

1,2,3,4,6,7,8-heptachlorinated 

dibenzo-p-dioxin

0.01

octachlorinated dibenzo-p-dioxin 0.001
277

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated 

dibenzofuran

0.5

1,2,3,7,8-pentachlorinated 

dibenzofuran

0.05

1,2,3,4,7,8-hexachlorinated 

dibenzofuran

0.1

1,2,3,6,7,8-hexachlorinated 

dibenzofuran

0.1

1,2,3,7,8,9-hexachlorinated 

dibenzofuran

0.1

2,3,4,6,7,8-hexachlorinated 

dibenzofuran

0.1

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran

0.01

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran

0.01

octachlorinated dibenzofuran 0.001

Table 5 to Subpart DDDD of Part 60—Model Rule—Summary of 

Reporting Requirementsa

Report Due date Contents Reference

Waste 

Management 

Plan

No later than 

the date 

specified in 

table 1 for 

submittal of 

the final 

• Waste 

management plan

§60.2755.
278

control plan

Initial Test 

Report

No later than 

60 days 

following the 

initial 

performance 

test

• Complete test 

report for the 

initial 

performance test

• The values for 

the site-specific 

operating limits

• Installation of 

bag leak 

detection systems 

for fabric 

filters

§60.2760.

Annual 

Report

No later than 

12 months 

following the 

submission of 

the initial 

test report. 

Subsequent 

reports are 

to be 

submitted no 

more than 12 

months 

following the 

previous 

report

• Name and 

address

• Statement and 

signature by 

responsible 

official

• Date of report

• Values for the 

operating limits

• If no 

deviations or 

malfunctions were 

reported, a 

statement that no 

deviations 

occurred during 

the reporting 

period

• Highest 

recorded 3-hour 

average and the 

§§60.2765 and 

60.2770.
279

lowest 3-hour 

average, as 

applicable, for 

each operating 

parameter 

recorded for the 

calendar year 

being reported

• Information for 

deviations or 

malfunctions 

recorded under 

§60.2740(b)(6) 

and (c) through 

(e)

• If a 

performance test 

was conducted 

during the 

reporting period, 

the results of 

the test

• If a 

performance test 

was not conducted 

during the 

reporting period, 

a statement that 

the requirements 

of 

§60.27202155(a) 

or (b) were met

• Documentation 

of periods when 

all qualified 
280

CISWI unit 

operators were 

unavailable for 

more than 8 hours 

but less than 2 

weeks

• If you are 

conducting 

performance tests 

once every 3 

years consistent 

with §60.2720(a), 

the date of the 

last 2 

performance 

tests, a 

comparison of the 

emission level 

you achieved in 

the last 2 

performance tests 

to the 75 percent 

emission limit 

threshold 

required in 

§60.2720(a) and a 

statement as to 

whether there 

have been any 

operational 

changes since the 

last performance 

test that could 

increase 

emissions.
281

Emission 

Llimitation 

or 

Ooperating 

Llimit 

dDeviation 

rReport

By August 1 

of that year 

for data 

collected 

during the 

first half of 

the calendar 

year. By 

February 1 of

the following 

year for data 

collected 

during the 

second half 

of the 

calendar year

• Dates and times 

of deviation

• Averaged and 

recorded data for 

those dates

• Duration and 

causes for of

each deviation 

and the 

corrective 

actions taken

• Copy of 

operating limit 

monitoring data 

and any test 

reports

• Dates, times, 

and causes for 

monitor downtime 

incidents

• Whether each 

deviation 

occurred during a 

period of 

startup, 

shutdown, or 

malfunction

§§60.2775 and 

60.2780.

Qualified 

Operator 

Deviation 

Notification

Within 10 

days of 

deviation

• Statement of 

cause of 

deviation

• Description of 

efforts to have 

§60.2785(a)(1).
282

an accessible 

qualified 

operator

• The date a 

qualified 

operator will be 

accessible

Qualified 

Operator 

Deviation 

Status 

Report

Every 4 weeks 

following 

deviation

• Description of 

efforts to have 

an accessible 

qualified 

operator

• The date a 

qualified 

operator will be 

accessible

• Request for 

approval to 

continue 

operation

§60.2785(a)(2).

Qualified 

Operator 

Deviation 

Notification 

of Resumed 

Operation

Prior to 

resuming 

operation

• Notification 

that you are 

resuming 

operation

§60.2785(b)

a This table is only a summary, see the referenced sections 

of the rule for the complete requirements.
283

Table 6 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Incinerators On and After [Date 

to be specified in state plan]a

For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging time

And 

determining 

compliance 

using this 

method

Cadmium 0.0026 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters)

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A8). Use ICPMS 

for the 

analytical 

finish.

Carbon 

monoxide

17 parts per 

million dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

10 at 40 CFR 

part 60, 

appendix A4). 

Dioxins/furans 

(total mass 

basis)

4.6 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).
284

For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging time

And 

determining 

compliance 

using this 

method

Dioxins/furans 

(toxic 

equivalency 

basis)

0.13 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).

Hydrogen 

chloride

29 parts per 

million dry 

volume

3-run average 

(For Method 26, 

collect a minimum 

volume of 60 

liters per run. 

For Method 26A, 

collect a minimum 

volume of 1 dry 

standard cubic 

meter per run)

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60, appendix 

A-8).

Lead 0.015 

milligrams 

per dry 

standard 

cubic meterc

3-run average 

(collect a 

minimum volume of 

2 dry standard 

cubic meters)

Performance 

test (Method 

29 at 40 CFR

part 60, 

appendix A8). Use ICPMS 

for the 

analytical 

finish.
285

For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging time

And 

determining 

compliance 

using this 

method

Mercury 0.0048 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(For Method 29 an 

ASTM D6784-02 

(Reapproved 

2008)d, collect a 

minimum volume of 

2 dry standard 

cubic meters per 

run. For Method 

30B, collect a 

minimum sample as 

specified in 

Method 30B at 40 

CFR part 60, 

appendix A)

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60, appendix 

A-8) or ASTM 

D6784-02 

(Reapproved 

2008)d.

Oxides of 

nitrogen

53 parts per 

million dry 

volume

3-run average 

(for Method 7E, 1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

7 or 7E at 40 

CFR part 60, 

appendix A4).

Particulate 

matter

filterable

34 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume of 

1 dry standard 

cubic meter)

Performance 

test (Method 

5 or 29 at 40 

CFR part 60, 

appendix A-3 

or appendix 

A-8).
286

For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging time

And 

determining 

compliance 

using this 

method

Sulfur dioxide 11 parts per 

million dry 

volume

3-run average (1 

hour minimum 

sample time per 

run)

Performance 

test (Method 

6 or 6c at 40 

CFR part 60, 

appendix A-4. 

Fugitive ash Visible 

emissions 

for no more 

than 5% of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 at 

40 CFR part 

60, appendix 

A-7).

a The date specified in the state plan can be no later than 

3 years after the effective date of approval of a revised 

state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER].

b 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.

c If you are conducting stack tests to demonstrate 

compliance and your performance tests for this pollutant 

for at least 2 consecutive years show that your emissions 

are at or below this limit, you can skip testing according 

to §60.2720 if all of the other provision of §60.2720 are 

met. For all other pollutants that do not contain a 

footnote “c”, your performance tests for this pollutant for 

at least 2 consecutive years must show that your emissions 
287

are at or 75 percent of this limit in order to qualify for 

skip testing.

d Incorporated by reference, see §60.17.

Table 7 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Energy Recovery Units After [Date 

to be specified in state plan]a

For the air 

pollutant

You must meet this 

emission

limitationb Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Cadmium 0.023 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

0.0014 

milligrams 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic 

meters)

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A8). Use ICPMS 

for the 

analytical 

finish.

Coal -

0.0095 

milligrams 

per dry 

standard 

cubic meter

Carbon 

monoxide

35 parts 

per 

million 

dry volume

Biomass –

260 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

Performance 

test (Method 

10 at 40 CFR 

part 60, 
288

For the air 

pollutant

You must meet this 

emission

limitationb Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Coal – 95 

parts per 

million dry 

volume

per run) appendix A4). 

Dioxins/

furans 

(total mass 

basis)

2.9 

nanograms 

per dry 

standard 

cubic 

meter

Biomass -

0.52 

nanograms 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).

Coal - 5.1 

nanograms 

per dry 

standard 

cubic 

meterc

Dioxins/

furans 

(toxic 

equivalency 

basis)

0.32 

nanograms 

per dry 

standard 

cubic 

meter

Biomass -

0.12 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

Performance 

test (Method 

23 at 40 CFR 

part 60, 

appendix A7).
289

For the air 

pollutant

You must meet this 

emission

limitationb Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Coal -

0.075 

nanograms 

per dry 

standard 

cubic 

meterc

cubic 

meters)

Hydrogen 

chloride

14 parts 

per 

million 

dry volume

Biomass -

0.20 parts 

per million 

dry volume

3-run 

average (for 

Method 26, 

collect a 

minimum of 

120 liters; 

for Method 

26A, collect 

a minimum 

volume of 1 

dry standard 

cubic meter) 

Performance 

test (Method 

26 or 26A at 

40 CFR part 

60, appendix 

Coal – A-8).

13 parts 

per million 

dry volume

Lead 0.096 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

0.014 

milligrams 

per dry 

standard 

cubic 

meterc

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic 

Performance 

test (Method 

29 at 40 CFR 

part 60, 

appendix A8). Use ICPMS 

for the 
290

For the air 

pollutant

You must meet this 

emission

limitationb Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Coal - 0.14 

milligrams 

per dry 

standard 

cubic 

meterc

meters) analytical 

finish.

Mercury 0.0024 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

0.0022 

milligrams 

per dry 

standard 

cubic meter

3-run 

average (For 

Method 29 

and ASTM 

D6784-02 

(Reapproved 

2008)d, 

collect a 

minimum 

volume of 2 

dry standard 

cubic meters 

per run. For 

Method 30B, 

collect a 

minimum 

sample as 

specified in 

Method 30B 

at 40 CFR 

part 60, 

appendix A) 

Performance 

test (Method 

29 or 30B at 

40 CFR part 

60, appendix 

A-8) or ASTM 

D6784-02 

(Reapproved 

2008)d.

Coal -

0.016 

milligrams 

per dry 

standard 

cubic meter
291

For the air 

pollutant

You must meet this 

emission

limitationb Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Oxides of 

nitrogen

76 parts 

per 

million 

dry volume

Biomass –

290 parts 

per million 

dry volume

3-run 

average (for 

Method 7E, 1 

hour minimum 

sample time 

per run)

Performance 

test (Method 

7 or 7E at 40 

CFR part 60, 

appendix A4). 

Coal – 340 

parts per 

million dry 

volume

Particulate 

matter

filterable

110 

milligrams 

per dry 

standard 

cubic 

meter

Biomass -

11 

milligrams 

per dry 

standard 

cubic meter 

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance 

test (Method 

5 or 29 at 40 

CFR part 60, 

appendix A-3 

or appendix 

A-8) if the 

unit has an 

annual 

average heat 

input rate 

less than or 

equal to 250 
292

For the air 

pollutant

You must meet this 

emission

limitationb Using this 

averaging 

time

And 

determining 

compliance 

using this 

method

Liquid/Gas Solids

Coal - 160 

milligrams 

per dry 

standard 

cubic meter 

MMBtu/hr; or 

PM CPMS (as 

specified in 

§60.2710(x)) 

if the unit 

has an annual 

average heat 

input rate 

greater than 

250 MMBtu/hr. 

Sulfur 

dioxide

720 parts 

per 

million 

dry volume

Biomass –

7.3 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance 

test (Method 

6 or 6c at 40 

CFR part 60, 

appendix A-4. 

Coal – 650 

parts per 

million dry 

volume

Fugitive 

ash

Visible 

emissions 

for no 

more than 

5 percent 

of the 

hourly 

observatio

n period 

Visible 

emissions

for no more 

than 5 

percent of 

the hourly 

observation 

period

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 at 

40 CFR part 

60, appendix 

A-7).

a The date specified in the state plan can be no later than 
293

3 years after the effective date of approval of a revised 

state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER]

b 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.

c If you are conducting stack tests to demonstrate 

compliance and your performance tests for this pollutant 

for at least 2 consecutive years show that your emissions 

are at or below this limit, you can skip testing according 

to § 60.2720 if all of the other provisions of § 60.2720 

are met. For all other pollutants that do not contain a 

footnote “c”, your performance tests for this pollutant for 

at least 2 consecutive years must show that your emissions 

are at or below 75 percent of this limit in order to 

qualify for skip testing, with the exception of annual 

performance tests to certify a CEMS or PM CPMS.

d Incorporated by reference, see §60.17.

Table 8 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Waste-burning Kilns After [Date 

to be specified in state plan]a

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.0014 

milligrams per 

dry standard 

cubic meterc

3-run average 

(collect a 

minimum 

volume of 2 

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8).
294

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

dry standard 

cubic meters) 

Carbon 

monoxide

110 (long 

kilns) / 790 

(preheater / 

precalciner)

parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 10 at 40 

CFR part 60, 

appendix A-4).

Dioxins/furans 

(total mass 

basis)

1.3 nanograms 

per dry 

standard cubic 

meterc

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.075 

nanograms per 

dry standard 

cubic meterc

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 23 at 40 

CFR part 60, 

appendix A-7).

Hydrogen 

chloride

3.0 parts per 

million dry 

volumec

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter) 

or 30-day 

rolling 

average if 

Performance test 

(Method 321 at 40 

CFR part 63, 

appendix A of 

this part) or HCl 

CEMS if a wet 

scrubber is not 

used.
295

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

HCl CEMS is 

being used

Lead 0.014 

milligrams per 

dry standard 

cubic meterc

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters)

Performance test 

(Method 29 at 40 

CFR part 60, 

appendix A-8).

Mercury 0.011 

milligrams per 

dry standard 

cubic meter

30-day 

rolling 

average

Mercury CEMS or 

sorbent trap 

monitoring system 

(performance 

specification 12A 

or 12B, 

respectively, of 

appendix B of

this part.)

Oxides of 

nitrogen

630 parts per 

million dry 

volume

3-run average 

(for Method 

7E, 1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 7 or 7E 

at 40 CFR part 

60, appendix A4).

Particulate 

matter 

filterable

4.6 milligrams 

per dry 

standard cubic 

meter

30-day 

rolling 

average

PM CPMS (as 

specified in 

§60.2710(x)) 

Sulfur dioxide 600 parts per 

million dry 

volume

3-run average 

(for Method 

6, collect a 

Performance test 

(Method 6 or 6c 

at 40 CFR part 
296

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

minimum of 20 

liters; for 

Method 6C, 1 

hour minimum 

sample time 

per run)

60, appendix A4). 

a The date specified in the state plan can be no later than 

3 years after the effective date of approval of a revised 

state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER]

b 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.

c If you are conducting stack tests to demonstrate 

compliance and your performance tests for this pollutant 

for at least 2 consecutive years show that your emissions 

are at or below this limit, you can skip testing according 

to § 60.2720 if all of the other provisions of § 60.2720 

are met. For all other pollutants that do not contain a 

footnote “c”, your performance tests for this pollutant for 

at least 2 consecutive years must show that your emissions 

are at or below 75 percent of this limit in order to 

qualify for skip testing, with the exception of annual 

performance tests to certify a CEMS or PM CPMS.

Table 9 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Small, Remote Incinerators After 
297

[Date to be specified in state plan]a

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging time

And determining 

compliance 

using this 

method

Cadmium 0.95 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 29 

at 40 CFR part 

60, appendix A8).

Carbon 

monoxide

64 parts per 

million dry 

volume

3-run average 

(1 hour minimum 

sample time per 

run)

Performance 

test (Method 10 

at 40 CFR part 

60, appendix A4). 

Dioxins/furans 

(total mass 

basis)

4,400 

nanograms per 

dry standard 

cubic meterb

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 23 

at 40 CFR part 

60, appendix A7).

Dioxins/furans 

(toxic 

equivalency 

basis)

180 nanograms 

per dry 

standard 

cubic meterb

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 23 

at 40 CFR part 

60, appendix A7).

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

the hourly 

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 at 

40 CFR part 60, 

appendix A-7).
298

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging time

And determining 

compliance 

using this 

method

observation 

period 

Hydrogen 

chloride

300 parts per 

million dry 

volume

3-run average 

(For Method 26, 

collect a 

minimum volume 

of 120 liters 

per run. For 

Method 26A, 

collect a 

minimum volume 

of 1 dry 

standard cubic 

meter per run)

Performance 

test (Method 26 

or 26A at 40 

CFR part 60, 

appendix A-8).

Lead 2.1 

milligrams 

per dry 

standard 

cubic meter.

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 29 

at 40 CFR part 

60, appendix A8).

Mercury 0.0053 

milligrams 

per dry 

standard 

cubic meter.

3-run average 

(For Method 29 

and ASTM D6784-

02 (Reapproved 

2008)c, collect 

a minimum 

volume of 2 dry 

standard cubic 

meters per run. 

Performance 

test (Method 29 

or 30B at 40 

CFR part 60, 

appendix A-8) 

or ASTM D6784-

02 (Reapproved 

2008)c.
299

For the air 

pollutant

You must meet 

this emission

limitationb

Using this 

averaging time

And determining 

compliance 

using this 

method

For Method 30B, 

collect a 

minimum sample 

as specified in 

Method 30B at 

40 CFR part 60, 

appendix A)

Oxides of 

nitrogen

190 parts per 

million dry 

volume

3-run average 

(for Method 7E, 

1 hour minimum 

sample time per 

run)

Performance 

test (Method 7 

or 7E at 40 CFR 

part 60, 

appendix A-4). 

Particulate 

matter

filterable

270 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 5 

or 29 at 40 CFR 

part 60, 

appendix A-3 or 

appendix A-8).

Sulfur dioxide 150 parts per 

million dry 

volume

3-run average 

(for Method 6, 

collect a 

minimum of 20 

liters per run; 

for Method 6C, 

1 hour minimum

sample time per 

run)

Performance 

test (Method 6 

or 6c at 40 CFR 

part 60, 

appendix A-4). 

a The date specified in the state plan can be no later than 

3 years after the effective date of approval of a revised 
300

state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER].

b 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.

c Incorporated by reference, see §60.17.