1

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 r equirements 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 limitation s 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 defined2

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) through or (a) (2) of this section.
(1) A CISWI unit that C c ommenced construction after November 30, 1999 June 4, 2010

. (2) A CISWI unit t hat C c ommenced 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 (n m ) of this sectio n, 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

.3

(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 radioactiv e 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) Ke ep 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)A are regulated4

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 p art (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 defin ed 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) Me dical 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 (Emi ssion Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators).5

(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 to notify the Administrato r notifying the EPA that the qualifying small power production facility is combusting homogeneous waste that 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

- d erived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

(3) You submit documentation to notify the Administrator notifying the EPA that the qualifying cogeneration facility is combusting homogeneous waste that the unit meets all of these criteria

. (4) You maintain the records specified in §60.2175(x).6

(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 30 05 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 p urpose 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 und er “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) [R eserved]

Rack, part, and drum reclamation units. (See §60.2265)7

(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 Ind ustry).

(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 subpar t 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 s uch 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 are8

reclaimed and reused as catalysts or used to produce commercial grade catalysts.

(5) Units burning only coke to produce purified carbon monoxide that is us ed 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 p hotographic 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 §60.2 020(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.9

(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 w hich 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 operati on 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 th ey 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 chemi cal 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 enforce10

this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated t o 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).11
(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 Ho w 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) Definitio ns.

(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 analysis12

and waste management plan requirements before you commence construction of the CIS WI 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 Siti ng Analysis

§60.2045 Who must prepare a siting analysis?

(a) You must prepare a siting analysis if you plan to commence construction of a n 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 const ruction 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 alternativ es, the analysis may consider costs, energy13

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 Fe deral 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

re quirements 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 metal s; 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,14

considering the effectiveness of waste management measures already in place, th e 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 product s of combustion.

(iii) Operation of the specific type of incinerator15

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) Bo ttom 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.16

(a) Six months after your CISWI unit startup.

(b) December 3, 2001.

(c) The date before an employee assumes responsib ility 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 t he 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?

T o 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) Dis cussion of operating problems encountered by17

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 tra ining 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 ch arging waste.
(3) Incinerator startup, shutdown, and malfunction procedures.

(4) Procedures for maintaining proper combustion air supply levels.

(5) Procedures for operating the incinerator and18

associated air pollution control systems within the standar ds 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 t he 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) Subseq uent 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.19

(2) Records showing the names of th e 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 trai ning, 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 ho urs.

§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 criteri a 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 ope rated 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 acces sible 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 in20

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 accessib le.

(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 Adm inistrator 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 continu e 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 qualifie d 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 me et 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 8 9 of this21

subpart by the applicable date in §60.2140. You must be in compliance with the emission limitations of this subpar t 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 M ONTHS 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 durin g 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 cha rge 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 particulate22

matter scrubber, which is calculated as the lowest 1

- hour 90 percent of the average pressure drop across the wet scrubber measured dur ing 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

measure d 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 p erformance 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 filt er 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 demonstrates23

that no corrective acti on 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

ma tter 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 second ary 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

s orbent 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 em ission 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 (if24

applicable to your CISWI unit), and the reagent flow ra te 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 ope rating 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 mat ter 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 paragr aphs (i)(1) through (5) of this section.

(1) Determine your operating limit as the average PM CPMS output value recorded during the performance test or25

at a PM CPMS output value corresponding to 75% of the emission limit if your PM performance test demonst rates 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 i n 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 operati ng 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 aver age 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 tes t 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 t est runs, and the average PM concentration from the Method 5 or performance test with26

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 instr uments 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 a ir.

(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 ope rating 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 provi ded 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 o perating 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 compl iance 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

O h = 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

- co ntrol. 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 arithmetic29

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, seri al 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 monitor ed 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 includ e the five items listed in paragraphs (a) through (e) of this section.

(a) Identification of the specific parameters you30

propose to use as additional operating limits.

(b) A discussion of the relationship between these parameters and emissions of regula ted 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 accura cy 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 Dur ing 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 of31

the requirements in the affirmative defense, the affirmative defense shall not be available for claims for injunctive relief.

(a) Assertion of affirmative d efense. 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 bypas s of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and32

(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 sig ned, 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 th e 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 paragra ph (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 t he 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, devi ation report33

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 minim um 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 t he 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 c oncentration. 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

C adj = C meas (20.9

– 7)/(20.9

- %O 2 ) (Eq. 1)

Where:

C adj = pollutant concentration adjusted to 7 percent oxygen;

C meas = pollutant concentration measured on a dry basis;

(20.9

– 7) = 20.9 percent oxygen−7 percent oxygen (defined oxygen correction basis);

20.9 = oxygen con centration in air, percent; and

%O 2 = oxygen concentration measured on a dry basis, percent.
(g) You must determine dioxins/furans toxic equivalency by following the procedures in paragraphs (g)(1) through ( 3 4 ) of this section.

(1) Measure the concentrati on of each dioxin/furan tetra

- through octa

- chlorinated

- congener 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) For each dioxin/furan (tetra

- through octachlorinated octa

- chlorinated ) congener isomer measured in accordance with paragraph (g)(1) and (2) of this section, multiply the congener isomer concentration by its corresponding toxic equivalency factor spe cified in table 3 of this subpart.35

( 3 4 ) Sum the products calculated in accordance with paragraph (g)( 2 3 ) 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 a nd §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

Met hod 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 identification36

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 sec tion 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 th is 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 a n initial performance test, as require d under §60. 8 2125 and §60.2105 to determine compliance with the emission limitations in table 1 of this subpart or tables 5 through 8 9 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 8 9 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 perf ormance 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 sol id 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 wast e 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 facil ity 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 air38

pollution control device i nspection, 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 Requiremen ts

§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 combu stion. 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 w aste, 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 c ombusting 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 combus ted a fuel or non

waste material, and you commence or recommence combustion of solid waste, you are subject to the provisions of this subpart as of the first day you introduce or reintroduce solid waste to the combustion chamber, and this date constitutes the effective date of the fuel

- to

- waste switch. You must complete all initial compliance demonstrations for any section 112 standards that are applicable to your facility before you commence or recommence combustion of solid waste. You must provide 30 day s 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 CISW I unit is currently combusting and has combusted over the past 6 months, and the fuel(s) or non

waste materials the unit will commence combusting;

(iv) The date on which you became subject to the currently applicable emission limits;

(v) The date upon whic h 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 a ir 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 da te of the waste

- to

fuel, or fuel

- to

- waste switch.

(6) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of combusting solid waste mus t be installed and operational as of the effective date of the waste

- to

fuel, or fuel

- to

- waste switch. All calibration and drift checks must be performed as of the effective date of the waste

- to

- fuel, or fuel

- to

- waste switch. Relative accuracy tests must be performed as of the performance test deadline for PM CEMS (if PM CEMS are elected to demonstrate continuous compliance with the particulate matter emission limits). Relative accuracy testing for other CEMS need not be repeated if that testing was prev iously performed consistent with Clean Air Act section 112 monitoring requirements or monitoring requirements under this subpart.

( a b ) You must conduct an annual performance test for the pollutants listed in table 1 of this subpart or tables 5 through 8 o f 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 meth ods 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.

( b c ) You must continuo usly monitor the operating41

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 the your 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 tests are confirmed or reestablished during performance tests

. ( c d ) 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 o f 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 ari thmetic 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 mon oxide 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) Co al 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 p rocedures 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 r emote 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 continuou s opacity43

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 co ntinuous 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 m ust 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 determin e 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 C FR 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 waste

burn ing 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, includin g 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 at44

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 emission s 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 demonstrat e 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 emi ssion 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) Devel op 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 mo nitoring 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 measure ment 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

a ccordance 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 §6 0.7(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 site

specific monitoring plan.

(3) You must operate and maintain the continuous monitoring system in continuous operation according to the site

- specific monitoring plan.

(m) If you have an operating limit that requires the46

use of a flow monitoring system, you must meet the requirements in paragraphs (l) and (m)(1) through (4) of this section.

(1) Inst all 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 velo city 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 a n 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 perce nt of the pressure monitoring system operating range, whichever is less.

(4) Perform checks at the frequency outlined in your47

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 s pecified 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 mon itoring 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) I nstall 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 two

point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system in accordance with your monitoring plan at the time of each performance test but no less48

frequently than quarterly.

(p) If you have an operating limit that requires a secondary electric power monitoring system for an electrostatic precipi tator, 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 i njection 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 b ag 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 le ak 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 accordan ce 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) Us e 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 start up 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 s tartup and shutdown as defined in this subpart, calculated using Equation 19

- 19 in section 12.4.150

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 sho uld 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, whichev er 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 bot h 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 12 5 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 sulfu r 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 compl iance 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,

u sing 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 c oncurrently (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 emi ssion52

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. Thi s 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) E ach 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 of53

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 i n 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 CEM S 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) throu gh (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 CO54

performance test.

(4) You must calculat e 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 secondar y power, PM scrubber pressure).

(1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved site

specific monitoring plan developed in accordance with §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 C PMS 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 respondi ng 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 operatin g 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, requ ired 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 a ll 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 syste m malfunctions, or required monitoring system quality assurance or quality control activities conducted during monitoring system malfunctions are not used in calculations56

(report any such periods in your annual deviation report);

(ii) Any data collected du ring 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 a ctivities 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 an d 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 correctiv e 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 hou rs 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 th e 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 con duct 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 t he 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 per formance 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 paragra ph (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 sect ion 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 of59

the applicable emis sion 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 observa tion 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 pollutan t 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 sub part 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 wit h 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 le ss.
(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 lea k 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, e nsure 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) Op eration 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 electros tatic 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

m ercury 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, calibra te, 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 mini mum 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 an d 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 sa mpling 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 system64

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 te sting 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 dioxi n/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 specifi cation 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 refer ence, 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 substitute65

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 out put 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 un der §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 su lfur 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 d ata. 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 subpar t, 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 for67

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 inst all, 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 mus t 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 tha t 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 to69

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 parti culate 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 m inimum, 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 correct ed 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 the70

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, as71

defined in this subpart, the 1

- hour arithmetic averages

mus t 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’

s pecifications), 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 performanc e 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 ope rating 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 concent ration 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, cal ibrate, 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 dete ctors, ESP secondary power, PM scrubber pressure)

(1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved site

specific monitoring plan developed in accordance with §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 measurem ent 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 o f detecting and responding to particulate matter concentrations of no73

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 th e 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 d ata 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 associa ted with monitoring system malfunctions, or required monitoring system quality74

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 assur ance 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 CE MS 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 co mpletion 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, yo u 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; and75

(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 requir ed 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 monitor ing 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 tim es 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), and76

required monitoring sy stem 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 syst em 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

- contro l 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

- 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 contr ol 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, associated77

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 duri ng 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 ( n x ) 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 fl ow 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 every78

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 rec ords.

(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) Identificat ion 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, reas ons 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 applic able. 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 th e 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 qualifica tion 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 bu rned 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 t he 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 emi ssions.

(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 pe rcent 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 y ear.

(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 usu al 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 k eep 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 un der §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 hom ogeneous.

(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 upon83

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 th e 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 s ection 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 perfo rmance 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 o r §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 than85

12 months following the previous report. (If the unit is subject t o 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 includ e 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 a nd 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 op erating 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 limit s 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 operating86

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 r equired 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 opera ting 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 lim itation 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 durati on 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 tot al 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, other88

kno wn 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 C ISWI 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 descript ion 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 the re 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 contro l 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 the89

applicable performance specification or in the relevant standard.

(2) The continuous monitoring sys tem 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 perf ormance 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 cond ucted 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 any90

pollutant or parameter that deviated from the emission limitations or o perating 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 an d recorded data for those dates.

(c) Durations and causes of the following:

(1) Each each 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, an d 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 deviation91

from the requirement to have a qualified ope rator 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 non

waste 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 report s 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 requir ed 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)(ww w.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 subje ct 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 C40 4

- 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 con fidential business information, to the delegated authority in the format specified by the delegated authority. For any performance test conducted94

using test methods that are not listed on the ERT website, the owner or operator shall submit the results of t he 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 p erformance 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 T t itle 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 T t itle 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 subp art (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 project ing 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 co nventional 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 Wha t 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 spe cified in paragraphs (a) (1) and ( b 2 ) 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 op eration.

(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) Noti fication 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 the98

Administrator or for an inspector's onsite review

. (d) You must submit the results ( as dete rmined 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 mu st 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 representat ive or Administrator of a State Air Pollution Control Agency.

Affirmative defense means, in the context of an99

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, orchar d 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 op en 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 encl osed 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 tr iboelectric, 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, w aste

- 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 (non

overlapping) beginning on: January 1, April 1, July 1, or October 1.

Calendar year means 365 consecutive days starting on January 1 and ending on December 31.

CEMS data during startup and shutdown means the following:

(1) For incinerators, 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 mate rial 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 da ta 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 c hemical 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 f or 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 purifi ed 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 proces ses.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 lu mber means wood or wood products that have been cut or shaped and include wet, air

- dried, and kiln

dried wood products. Clean lumber does not include wood products that have been painted, pigment

- stained, or pressure - treated by compounds such as chromate c opper 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

c ommercial 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 d oes 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 inclu de 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 recovery103

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 co mbustion 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 transfe rs 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 combu stion 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 o perating 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 equip ment, 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 monitori ng 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, open

head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces c ombustion 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 l imit, 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 octachlorinated 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 reco very.

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 alka line 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 sy stem.

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 wast e 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 reclamati on 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 , 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 of107

Portland C c ement

. Laboratory analysis unit means units that burn samples of material s 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

reco very 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 n ot 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 equipme nt, 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 h as 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 t he 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 wast e 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 incl udes 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 process109

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 h eater 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 an alyzer 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 carbo n 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 of110

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 (usuall y 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 ch ange (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 combus ted;

(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 use d 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 overal l 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

ov erall 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 Cl ean Air Act or the regulations promulgated thereunder are concerned; or113

(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 inci nerator 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.

So il 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, specia l 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 solid114

waste (as that term is defined by the Administ rator 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 sect ion 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) Qualifyi ng 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 homogene ous 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 c urtain 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 of115

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 activat ion of the system and the first charge to the unit.

W aste

- 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 cemen t 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 uses utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.

Wood waste means untreated wood and untreated wood products, including tree stumps (who le 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/r etail, 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 for116

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 FEDE RAL REGISTER].

For the air pollutant You must

meet this emission limitation a 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 sta ndard 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 A

4). Performance test (Method 10, 10A, or 10B of appendix A of this part).

Dioxin s / F f uran s (toxic 0.41

nanograms 3

- run average

(collect a minimum Performance test (Method117

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 12 0 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

c ubic 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 ASTM118

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 values 6

- minute averages Perfo rmance test (Method 9 at 40 CFR part 60, of appendix A

- 4 of this part ).

Oxides of nitrogen Nitrogen 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 d D ioxide 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 min imum duration of 1 hour per run) (1 hour minimum sample time per run) Performance test (Method 6 or 6 C c 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) a120

Pressure drop across the wet scrubber or amperage to wet scrubber Minimum

pressure drop or amperage Continuous Every 15 minutes 3

- hour

rolling a

Scrubber liquor flow rate Minimum

flow rate Continuous Every 15 minutes 3

- hour

rolling a

Scrubber liquor pH Minimum pH Continuous Every 15 minutes 3

- hour

rolling a

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

Table 3 to Subpart CCCC of Part 60

— Toxic Equivalency Factors

Dioxin/furan congener Toxic equivalency factor 2,3,7,8

- tetrachlorinated dibenzo

- p dioxin 1

1,2,3,7,8

- pentachlorinated dibenzo

- p dioxin 0.5

1,2,3,4,7,8

- hexachlorinated dibenzo

- p dioxin 0.1

1,2,3,7,8,9

- hexachlorinated dibenzo

- p dioxin 0.1

1,2,3,6,7,8

- hexachlorinated dibenzo

- p dioxin 0.1121

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

- heptachlorinated dibenzo

p - dioxin 0.01

octachlorinated dibenzo

- p - dioxin 0.001 2,3,7,8

- tetrachlorinated dibenzofuran 0.1 2,3,4,7,8

- pentachlorinated dibenzofuran 0.5 1,2,3,7,8

- pentachlorinated dibenzofuran 0.05 1,2,3,4,7,8

- hexachlorinated dibenzofuran 0.1

1,2,3,6,7,8

- hexachlorinated dibenzofuran 0.1

1,2,3,7,8,9

- hexachlorinated dibenzofuran 0.1

2,3,4,6,7,8

- hexachlorinated dibenzofuran 0.1

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

- heptachlorinated dibenzofuran 0.01

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

- heptachlorinated dibenzofuran 0.01

octachlorinated dibenzofuran 0.001

Table 4 to Subpart CCCC of Part 60

— Summary of Reporting Requirements a

Report Due date Contents Reference

Preconstruction report Prior to

commencing construction • Statement of

intent to construct • Anticipated §60.21901 22

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 operat ing limits §60.2195

Initial test report No later than

60 days following the initial performance test • Complete test

report for the initial performance test • The values for the site

specific §60.2200123

operating limits • Installation of bag leak detection system fo r 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

60.2210124

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, th e 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 when125

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 perc ent emission limit threshold required in §60.2155(a) and a statement as to whether there have been any operational changes since126

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 record ed 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 duri ng 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 qu alified 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)

a This table is only a summary, see the referenced sections128

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 o r 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 limitation a 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 part s 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 meter c 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 limitation a 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 A

7).

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 meter c 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 CFR130

For the air pollutant You must meet

this emission limitation a Using this

averaging time And determining

compliance using this method

standard cubic meter c 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 A

4).

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 A

4.

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 test s 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. Fo r 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 a ir pollutant You must meet this emission limitation a 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 meter c 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 the132

For the a ir pollutant You must meet this emission limitation a 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 A

4). 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 meter c 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).

Coal

– 5.1 nanograms per dry standard cubic meter c133

For the a ir pollutant You must meet this emission limitation a 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 meter c Biomass

-

0.076 nanograms per dry standard cubic meter c 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 meter c 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 volume134

For the a ir pollutant You must meet this emission limitation a 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 meter c 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. Coal

- 0.14 milligrams per dry standard cubic meter c Mercury 0.00056

milligrams per dry standard cubic meter c Biomass

-

0.0022 milligrams per dry standard cubic meter 3

- run

average (collect enough volume to meet an in

stack 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 meter135

For the a ir pollutant You must meet this emission limitation a 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 A

4). 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 250136

For the a ir pollutant You must meet this emission limitation a 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 volume137

For the a ir pollutant You must meet this emission limitation a 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 June138

4, 2010, or Reconstruction or Modification After [THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REG ISTER]

For the air pollutant You must meet

this emission limitation a Using this

averaging time And determining

compliance using this method

Cadmium 0.0014

milligrams per dry standard cubic meter b 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 monoxide 90 (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 meter b 3

- run

average (collect a minimum volume of 4 dry standard cubic meters per run) Performance test

(Me thod 23 at 40 CFR part 60, appendix A

- 7).

Dioxins/furans (toxic 0.075

nanograms per 3

- run

average Performance test

(Method 23 at 40139

For the air pollutant You must meet

this emission limitation a Using this

averaging time And determining

compliance using this method equivalency basis) dry standard

cubic meter b (collect a

minimum volume of 4 dry standard cubic meters) CFR part 60,

appendi x A

- 7).

Hydrogen chloride 3.0 parts per

million dry volume b 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 meter b 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 limitation a Using this

averaging time And determining

compliance using this method respectively, of appendix B o f 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 p rovision of §60.2155 are141

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

s kip 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 RU LE IN THE FEDERAL REGISTER]

For the air pollutant You must

meet this emission limitation a 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 A

8).

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 A

4).142

For the air pollutant You must

meet this emission limitation a 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 A

7). 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 A

7). 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 limitation a 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, appe ndix 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 A

4).144

For the air pollutant You must

meet this emission limitation a 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 12 9 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 s S tate plan to U.S. Environmental Protection Agency (EPA) that implements the emission guidelines contained in this subpart.

(b) You must submit the s S tate 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 tha t 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 FE DERAL 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 REGIS TER ] 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 affecte d CISWI units that are at least as protective as the emission guidelines contained in this subpart.

(5) Performance testing, recordkeeping, and reporting147

requirements.

(6) Certification that the hearing on the State plan was held, a list of witnesses and t heir 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 selecte d 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 contai ned 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, incre ments 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 follo w 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 S s tate plan according to §60.27.148

§60.2525 What if my State plan is not approvable?

(a) If you do not submit an approvable s S tate plan (or a negative declaration letter) by December 2, 2002, EPA will develop a f F ederal plan according to §60.27 to implement the emission guidelines contain ed in this subpart. Owners and operators of CISWI units not covered by an approved s S tate plan must comply with the f F ederal plan. The f F ederal plan is an interim action and will be automatically withdrawn when your S s tate 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 F f ederal plan implementing the emission149

guideli nes contained in this subpart would automatically apply to that CISWI unit until your s S tate 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 construct ion on or before November 30, 1999, Y y our S s tate plan must include compliance schedules that require CISWI units to achieve final compliance as expeditiously as practicable after approval of the s S tate plan but not later than the earlier of the two dates

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

(1) December 1, 2005.

(2) Three years after the effective date of s S tate 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 unit s 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 R ULE IN THE FEDERAL REGISTER ].

(2) 3 years after the effective date of state plan150

approval.

(c) (b) For compliance schedules more than 1 year following the effective date of s S tate plan approval,

s S tate plans must include dates for enforceable increments of progress as specified in §60.2580.

§60.2540 Are there any s S tate 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 emi ssion 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 subm ittal 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 submitt al, 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 fe deral 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 Administr ator 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 Enforcem ent 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 from152

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 ob ligations 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 imple ment the emission guidelines contained in this subpart. States may choose to incorporate the model rule text directly in their s S tate 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 f F ederal plan, as provided in §60.2525, to ensure that each unit within your State state reaches compliance with all the provisi ons of this subpart153

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

com menced 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 provisi ons 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 S s tate plan?

(a) Your s S tate 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 S s tate that commenced construction on or before June 4, 2010 November 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 o wner or operator of a CISWI unit makes changes that meet the definition of modification or154

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 ow ner 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 reconstruction s 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 ( o n) of this section , but some units are required to p rovide 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 requir ements 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 chemothera peutic 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 o f 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 the se criteria.

(2) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.

(c) Municipal waste combustion units. Incineration units that meet either of the two criteria specified in paragraphs (c)(1) or (2) of this section (1) are regulated under 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 C ombustors for Which Construction is Commenced After September 20, 1994 ); subpart Cb of this part (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994 ); subpart AAAA of this part (Standar ds 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 so lid waste156

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 th e 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 f uels 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 noti fy 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 un it 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 waste unit 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 s pecified 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 p rimary 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” (§§60.28 10 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 reclamati on 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 commercial159

market for su ch 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 manuf acturing 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 fo r Other Solid Waste Incineration Units). Laboratory Analysis Units. Units that160

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 m aterials 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 bou ght 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

mo del 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 pla n 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 r elate 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 compone nts 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 ach ieving 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 pl an.
(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 requir ed 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 postmar ked 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 subsequent164

calendar month until the i ncrement 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 limita tions 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 constructio n165

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 u nit 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 Wh at 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 toxic166

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 ide ntify 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 reduct ions 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 may167

operate the CISWI unit directly or be the direct supervisor of one or more o ther 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 com pleting 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 secti on.
(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 specif ic 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 malfunction s .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 i nstructor.
(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 of Responses to malfunctions or conditions that may lead to malfunction.

(e) Discussion of operating problems encountered by attendees.

§60.2655 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one of the two methods specified in paragraphs (a) and (b) of this section.170

(a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in §6 0.2650.

(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

acce ssed 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 mai ntaining 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 inc inerator 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 estab lish 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 specifi ed 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 informati on 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 CISW I 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 ope rators 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 t he 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 Administ rator 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 u nit. 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, t he 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 §60.2 635(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 emi ssion 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 delegati on, 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 opacit y (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 limitation s, 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 usin g 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 co mpliance 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 all175

applicable emission limitations.

(2) Min imum 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 parti culate 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 durin g 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 mea sured 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 complete d (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 w ith the emission limitations, you must operate each fabric filter176

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 inspe ction 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, t he 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 av erage 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 performanc e 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 recover y 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 performan ce 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 demonstr ating 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 sys tem, 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 and178

determine compliance with it according to paragraph s (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 de termined 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

mu ltiple 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 th at 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 te st 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 t he 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 concentration s ( 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) o f 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:

X 1 = the PM CPMS data points for the three runs constituting the performance test,

Y 1 = 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,

Y 1 = the three run average mg/dscm PM concentration,

X 1 = 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 emis sion limit.

(Eq.7)

Where:

O l = 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 corr esponding to your three PM performance test runs that demonstrate compliance with the emission182

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:

X 1 = the PM CPMS data points for all runs i,

n = the number of data points, and

O h = your site specific operating limit, in milliamps.

(4) To determine continuous compliance, you must record the PM CPMS output data for all pe riods 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 oper ating 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 tes t

run.183

§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 bala nces, 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.

( a 1 ) Identification of the specific parameters you propose to use as additional operating limits.

( b 2 ) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regul ated pollutants change with changes in these parameters , and how limits on these parameters will serve to limit emissions of regulated pollutants.

( c 3 ) A discussion of how you will establish the upper and/or lower values for these parameters which will est ablish the operating limits on these parameters.184

( d 4 ) 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 5 ) 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 duri ng 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 affirm ative 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 a185

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; an d

(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 practica ble; 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 in186

operation if at all possible, consistent with safety and good air pollution control practices; and

(7) All of the actions in respon se 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 ha s 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 engineer ing 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 tha t 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 rep ort 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 performa nce 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

u nder 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 spec ified in table s 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 se ction:

C adj = C meas (20.9−7)/(20.9−%O 2 ) (Eq. 1)

Where:

C adj = pollutant concentration adjusted to 7 percent oxygen;188

C meas = 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

%O 2 = oxygen concentration measured on a dry basis, percent.
(g) You must determine dioxins/furans toxic equivalency by following the procedures in paragraphs (g)(1) through ( 3 4 ) of this section.

(1) Measure the concentration of each dioxin/furan tetra

- through octa

- congener isomer 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 whethe r 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.)

( 2 3 ) For each dioxin/furan (tetra

- through octa

chlorinated) congener isomer measured in accordance with paragraph (g)(1) and (2) of this section, multiply the congener isomer concentration by its corresponding toxic equivalency factor specified in ta ble 4 of this subpart.

( 3 4 ) Sum the products calculated in accordance with paragraph (g)( 2 3 ) 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

u sed to determine compliance with the fugitive ash emission189

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 a t 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 re analyze 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 concentrati on 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 t his 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 a n 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 t he 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 combustion191

c hamber, 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 po llution 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 Ru le

— Continuous Compliance Requirements

§60.2710 How do I demonstrate continuous compliance with192

the emission limitations and the operating limits?

(a) Compliance with standards.

(1) The emission standards and operating requirements set forth in this subp art 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 t he 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 f rom 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 industria l combustion unit that combusted a fuel or non

waste material, and you commence or recommence combustion of solid waste, you are subject to the provisions of this subpart as of the first day you introduce or reintroduce solid waste to the combustion chambe r, 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 of193

solid wa ste. 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 non

waste materials the unit will commence combusting;

(iv) The date on which you became subject to the currently applicable emission lim its;

(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 operatio nal as of the effective date of the waste

- to

fuel, or fuel

- to

- waste switch.

(6) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which194

apply as a result of the cessation or commencement or recommencement of combusting solid waste must be installed and operational as of the effective date of the waste

- to

fuel, or fuel

- to

- waste switch. All calibration and drift checks must be performed as of the effective date of the waste

- to

- fuel, or fuel

- to

- waste switch. Rela tive 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 i f that testing was previously performed consistent with section 112 monitoring requirements or monitoring requirements under this subpart.

( a b ) You must conduct an annual performance test for the pollutants listed in table 2 of this subpart or tables 6 t hrough 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 monit oring systems CEMS or continuous opacity monitoring systems to determine compliance.

( b c ) 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 de tection system alarms) unless a different195

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 opera ting 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 apply are confirmed or reestablished during performance tests.

( c d ) 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 em issions 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 monit oring 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 usin g the CEMS according to the following requirements:

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

- hour arithmetic averages, corrected to 7196

percent oxygen. CEMS data during startup and shutdown, as defined in this subpart, are not correc ted 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 ele ct 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/g as 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 th an 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 performan ce 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 determ ine 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 th e 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 monitor ing systems must install, operate, calibrate and maintain an instrument for continuously measuring and recording the mercury mass emissions rate to198

the atmosphere according to the requirements of performance specifications 6 and 12A at 40 CFR part 60, appe ndix 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 nor mal 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 devic e. 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 accord ing 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 monitorin g system.
(i) Installation of the continuous monitoring system199

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 yo ur site

specific monitoring plan.

(3) You must operate and maintain the continuous monitoring system in continuous operation according to the site

- specific monitoring plan.

(m) If you have an operating limit that requires the use of a flow monitoring system, you must meet the requirements in paragraphs (l) and (m)(1) through (4) of this section.

(1) Install the flow sensor and other necessary200

equipment in a position that provides a representative flow.

(2) Use a flow sensor with a measurement sensitivi ty 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 mon itoring 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 th is 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 pressure201

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 represe ntative 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 two

point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than quarterly.

(p) If you have an o perating limit that requires a secondary electric power monitoring system for an electrostatic precipitator, you must meet the requirements202

in paragraphs (l) and (p)(1) through (2) of this section.

(1) Install sensors to measure (secondary) voltage and

cur rent 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 o perating 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 detect ion 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 v ent, or compartment (e.g., for a positive pressure fabric filter) of the fabric filter.203

(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 det ection 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 de monstrated 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 r olling 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 sulf ur 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 emissions204

less than 100 parts per million dr y 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 valu e 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 carbo n 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 a s 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 ap plicable, 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 accor dance with procedure 1 in appendix F of this part.205

(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 specif ied 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 arithm etic 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 fo llow 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, appe ndix 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 percen t of the maximum estimated hourly potential nitrogen oxide emissions of unit.

(3) Conduct accuracy determinations quarterly and calibration drift tests daily in accordance with procedure206

1 in appendix F of this part.

(4) The owner or operator of an affect ed 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 b etween 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 perf ormance 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 th e appropriate emission limit(s) using a 30

- day rolling average of 1

- hour arithmetic average emission concentrations, including CEMS20 7

data during startup and shutdown, as defined in this subpart, calculated using Equation 19

- 19 in section 12.4.1 of EPA Refer ence 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 proce dures 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, NO x , SO 2 , 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 an alyzer 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 oxy gen concentration using Equation 19

- 19 in section 12.4.1 of EPA Reference Method 19 of Appendix A

- 7208

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 i nstall, 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 site

s pecific 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 a ccumulation 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 per formance test that demonstrates compliance with the PM limit, you must adjust the site

- specific operating limit in accordance with the results of the209

performance test according to the procedures specified in §60.2675.

(3) Collect PM CPMS hourly average out put 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 o r 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 p eriods 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 adjustment s), 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 your210

site

- specific monitoring plan, repairs associated with periods when the mon itoring 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 a nnual 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 d ates 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 av erage 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 emiss ions 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 additional211

testing for any deviations that occur betwee n 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 viol ation 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 foll owing 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:212

(1) You may conduct a repeat performance test at any time to establish new values for the operating limits to apply from that poin t 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 applicab le, 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 perfo rmance 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 lea d 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,

mercur y, 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 fugi tive emissions, visible emissions (of213

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 y ou 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 p erformance 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 par ticulate 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 w et 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

c ompliance 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 specifi cations 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 sys tem 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 equip ped 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 fil ter.
(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 precipit ator, 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 t o 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 a bove 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 at217

or above the operating limits established during the mercury or particulate matter perfo rmance 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 f or 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 scr ubber 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 dem onstrate 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 diox in/furan from continuous monitors is published in the Federal Register . The owner or operator who elects to continuously sample dioxin/furan emissions instead of218

sampling and testing using EPA Method 23 at 40 CFR part 60, appendix A

- 7 must install, calibra te, 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 sorbe nt 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 perfo rmance 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 e ffect 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 3 0B 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 sy stem 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 emis sion 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 oxides219

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 an d 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 determ ined 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

- da y 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 r equired 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 w ith the sulfur dioxide emissions limits.

(1) Install, calibrate, maintain and operate a CEMS for measuring sulfur dioxide emissions discharged to the220

atmosphere and record the output of the system. The requirements under performance specification 2 of app endix 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, fa bric 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 da te 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 perfo rm the annual performance tests for opacity consistent with §60.2710(f).

(1) Install, operate and maintain each continuous221

opacity monitoring system according to performance specification 1 at 40 CFR part 60, appendix B.

(2) Conduct a performance evaluatio n 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 m inimum 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 operat e 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 te sting 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 specif ied 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 initi al 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 mo nitoring 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 particu late 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 a nd 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 emi ssion 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 emissi on concentrations, including CEMS data during startup and223

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 emis sion 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 t o 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 a t 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 a224

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 te sts 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 sys tem. 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 arit hmetic 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, as225

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 o xygen, 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 manufacture rs’ 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

car bon 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 perform ance 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 conc entration 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 ar e 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 site

specific 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 accumulat ion 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 mea surement) 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 such227

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 dat a 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 cal culations (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 d eviation 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 devi ation, 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 comp liance 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 tim e 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 chlo ride 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 ope rate 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

- contr ol 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 an y 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 operation230

are not malfunctions. You are required to effect monitorin g 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 oth er 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 during231

all other periods in assessing compliance with the operating limits.

Model Rule —

Recordkeeping and Reporting

§60.2740 What records must I keep?

You must maintain the 13 items (as applicable) as speci fied in paragraphs (a) , (b), and (e) through ( m w ) 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 mi nutes 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 initiate d 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 th e 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) thro ugh (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 e mission 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 requi red 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 un der §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 suc h 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 r elated 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 (alway s 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 an y repairs not completed within 10 days of an inspection or the timeframe established by the state234

regulatory agency.

(o) For continuously monitored pollutants or parameters, you must document and keep a record of the following parameters measured using con tinuous 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 nitr ogen 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 averag e 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 m aintenance 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 ai r 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 pr oposed 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 Administra tor.

§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 tab le 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 limit s 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 submit238

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 limit ations 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 lowes t 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 cond ucted 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 du ring 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 e xceeded. 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 devia tion 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 opera ting 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), as240

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 lim itation 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 durati on 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 tot al 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 kno wn 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 descrip tion 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 th ere 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 contr ol 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 spe cification 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 aud it.

(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 limit ations or operating limit requirements.

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

(c) Duration and causes of the following:

(1) e E ach 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 operator244

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 ant icipate 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,

u nder 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 subca tegory 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 ove r the past 6 months, and the fuel(s) or non

waste materials the unit will commence combusting;

(4) The date on which you became subject to the currently applicable emission limits;

(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 i nitial, 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 comple ting 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 te st 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) mus t 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, At tention: 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 sub mit 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 owner247

or o perator 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 su bmit 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 section s 129(e) and T t itle 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 tit le 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 trigger s 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 re fractory 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 th at 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 pe rcent mixture of only wood waste, clean249

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 St ate 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 ite ms 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 the250

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 s ubmittal 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 achievin g 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

nece ssary 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 t he 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 ( b 2 ) 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 i s 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 Metho d 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 annua l 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 tha n 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 averag e of three 1

- hour blocks consisting of ten each 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 elect ronic or paper copy on or before the applicable254

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 continu ous 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.

Agricultu ral 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 a s a result of agricultural operations.

Air curtain incinerator means an incinerator that255

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 belo w 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 hour s 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 failu res. 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 reclamat ion 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.

Ca lendar 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 seven257

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 catalys ts.
(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 kiln

dried wood products. Clean lumber does not include wood products that have been painted, pigment

- stained, or pressure - treated by compounds such as chromate copper258

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 h as 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 recov ery 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 di sposal. 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 o r 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 com ply 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 not259

limited to, the commerci al 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 comme rcial 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 fifte en 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). C ommercial 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 conta iner 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), analyz e, and260

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 burner burn barrel means a combustion device for waste materials that is attached to a 55 gallon, open - head d rum. 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

- burnin g 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

e stablished 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 duri ng startup, shutdown, or261

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 pa rt 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 contr ol 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 proces s 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 bioma ss (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 fue ls.

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 fue ls.

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 24 1) for the purpose of reducing the volume of263

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 processin g 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 mea ns 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

- l evel radioactive waste, spent nuclear fuel, or by

product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, proc ess 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 not264

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 complia nce 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 secti on 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, hote ls, 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 facilit ies. Institutional waste includes materials discarded by265

schools, by hospitals (nonmedical), by nonmanufacturing activities at prisons and government facilities, and other similar establishments or facilities. Household, commercial/retail, and institutiona l 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 telephon e 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 obj ect 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 determin e 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 leve l 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 consist ing 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, calibrati on 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 complianc e 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 to267

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 a ir 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 a lso 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 inc ineration 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 co sts, 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 corporat ion 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 operat ion 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 d ollars); 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 includes269

the chief executive officer having responsibility for the overall operatio ns 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 indus trial, 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

sour ces 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 uni t 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 p ermit 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 metal s;
(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)), whi ch 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 elec tric energy and steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes; or271

(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 betw een the activation of the system and the first charge to the unit.

W aste

- 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 uses utilizes an aqueous o r 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 dates a

Increment 1

— Submit final control plan (Dates to be specified in

s S tate plan)

Increment 2

— Final compliance (Dates to be specified in

s S tate 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 s S tate 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 determining273

emission limitation a 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 t est (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 of275

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 rollinga276

the wet scrubber or amperage to wet scrubber drop or

amperage

Scrubber liquor flow rate Minimum

flow rate Continuous Every 15 minutes 3

- hour rolling a

Scrubber liquor pH Minimum pH Continuous Every 15 minutes 3

- hour rolling a

a Calculated each hour as the average of the previous 3 operating hours.
Table 4 to Subpart DDDD of Part 60 — Model Rule — Toxic Equivalency Factors

Dioxin/furan congener isomer Toxic equivalency factor 2,3,7,8

- tetrachlorinated dibenzo

- p dioxin 1

1,2,3,7,8

- pentachlorinated dibenzo

- p dioxin 0.5

1,2,3,4,7,8

- hexachlorinated dibenzo

- p dioxin 0.1

1,2,3,7,8,9

- hexachlorinated dibenzo

- p dioxin 0.1

1,2,3,6,7,8

- hexachlorinated dibenzo

- p dioxin 0.1

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

- heptachlorinated dibenzo

- p - dioxin 0.01

octachlorinated dibenzo

- p - dioxin 0.001277

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 Requirements a 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

re ports 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 state ment 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 requiremen ts of §60. 2720 2155 (a) or (b) were met • Documentation of periods when all qualified280

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 chang es since the last performance test that could increase emissions.281

Emission L l imitation

or O o perating L l imit d D eviation

r R eport 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

fol lowing 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 Operati on 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 limitation b 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 A

8). Use ICPMS for the analytical finish.

Carbon monoxide 17 parts per

million dry volume 3

- run avera ge (1

hour minimum sample time per run) Performance test (Method 10 at 40 CFR part 60, appendix A

4). 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 A

7).284

For the air pollutant You must

meet this emission limitation b 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 A

7). 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 (Me thod 26 or 26A at 40 CFR part 60, appendix A

- 8).

Lead 0.015

milligrams per dry standard cubic meter c 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). Use ICPMS for the analytical finish.285

For the air pollutant You must

meet this emission limitation b 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 (Reap proved 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 A

4).

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 limitation b 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 you r 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 emissions287

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 limitation b Using this averaging time And

determining compliance usin g this method Liquid/Gas Solids

Cadmium 0.023

milligrams per dry standard cubic meter Biomass

-

0.0014 milligrams per dry standard cubic meter c 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). 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 limitation b Using this averaging time And

determining compliance usin g this method Liquid/Gas Solids

Coal

– 95 parts per million dry volume per run) appendix A

4).

Dioxins/ furans (total mass basis) 2.9

nanograms per dry standard cubic meter Biomass

-

0.52 nanograms per dry standard cubic meter c 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).

Coal

- 5.1 nanograms per dry standard cubic meter c 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 A

7).289

For the air pollutant You must meet this emission limitation b Using this averaging time And

determining compliance usin g this method Liquid/Gas Solids

Coal

- 0.075 nanograms per dry standard cubic meter c 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 A

- 8). Coal

– 13 parts per million dry volume

Lead 0.096

milligrams per dry standard cubic meter Biomass

-

0.014 milligrams per dry standard cubic meter c 3

- run

average (collect a minimum volume of 2 dry standard cubic Performance

test (Method 29 at 40 CFR part 60, appendix A

8). Use ICPMS for the290

For the air pollutant You must meet this emission limitation b Using this averaging time And

determining compliance usin g this method Liquid/Gas Solids

Coal

- 0.14 milligrams per dry standard cubic meter c 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 (Rea pproved 2008) d

. Coal

- 0.016 milligrams per dry standard cubic meter291

For the air pollutant You must meet this emission limitation b Using this averaging time And

determining compliance usin g 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 A

4). 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 250292

For the air pollutant You must meet this emission limitation b Using this averaging time And

determining compliance usin g 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 than293

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, yo u 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 m ust 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 limitation b Using this

averaging time And determining

compliance using this method

Cadmium 0.0014

milligrams per dry standard cubic meter c 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 limitation b 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 meter c 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 meter c 3

- run average

(collect a minimum volume of 4 dry standard cubic met ers) Performance test

(Method 23 at 40 CFR part 60, appendix A

- 7).

Hydrogen chloride 3.0 parts per

million dry volume c 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 limitation b Using this

averaging time And determining

compliance using this method

HCl CEMS is being used

Lead 0.014

milligrams per dry standard cubic meter c 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 A

4).

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 part296

For the air pollutant You must meet

this emission limitation b 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 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 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 qua lify 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 After297

[Date to be specified in state plan] a

For the air pollutant You must meet

this emission limitation b 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 A

8).

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 A

4). Dioxins/furans (total mass basis) 4,400

nanograms per dry standard cubic meter b 3

- run average

(collect a minimum volume of 1 dry standard cubic meter) Performance

test (Method 23 at 40 CFR part 60, appendix A

7).

Dioxins/furans (toxic equivalency basis) 180 nanograms

per dry standard cubic meter b 3

- run average

(collect a minimum volume of 1 dry standard cubic meter) Performance

test (Method 23 at 40 CFR part 60, appendix A

7).

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 limitation b 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 A

8).

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 limitation b Using this

averaging time And determining compliance using this method

For M ethod 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 revised300

state plan or [ THE DATE 5 YEARS AFTER PUBLICATI ON 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.