Vol. 80 Monday, 

No. 80 April 27, 2015 

Part III 

Environmental Protection Agency 

40 CFR Part 62 

Federal Plan Requirements for Sewage Sludge Incineration Units 

Constructed on or Before October 14, 2010; Proposed Rule 

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23402 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–HQ–OAR–2012–0319; FRL–9923–62– 

OAR] 

RIN 2060–AR77 

Federal Plan Requirements for Sewage 

Sludge Incineration Units Constructed 

on or Before October 14, 2010 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On March 21, 2011, the 

Environmental Protection Agency (EPA) 

issued emissions standards for new and 

existing sewage sludge incineration 

units (SSI). This action proposes that 

existing SSI units implement the 

emission guidelines (EG) adopted on 

March 21, 2011, in states that do not 

have an approved state plan 

implementing the EG in place by March 

21, 2012. This Federal Plan will result 

in emissions reductions of certain 

pollutants from all affected units. 

DATES: Comments. Comments must be 

received on or before June 11, 2015. 

Public Hearing. If anyone contacts the 

EPA by May 7, 2015 requesting to speak 

at a public hearing, the EPA will hold 

a public hearing on May 12, 2015. 

ADDRESSES: Submit your comments on 

the Federal Plan requirements proposed 

rule, identified by Docket ID No. EPA– 

HQ–OAR–2012–0319, by one of the 

following methods: 

• Federal Rulemaking Portal: 

www.regulations.gov: Follow the online 

instructions for submitting comments. 

• Email: a-and-r-Docketa@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OAR–2012–0319. 

• Facsimile: Fax your comments to 

(202) 566–9744, Attention Docket ID No. 

EPA–HQ–OAR–2012–0319. 

• Mail: Send your comments to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0319. We request that a separate copy 

also be sent to the contact person 

identified below (see FOR FURTHER

INFORMATION CONTACT). 

• Hand Delivery: Deliver your 

comments to: EPA Docket Center (EPA/ 

DC), EPA WJC West Building, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC 20004, Attention 

Docket ID No. EPA–HQ–OAR–2012–

0319. Such deliveries are accepted only 

during the normal hours of operation 

(8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays) and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments on 

the Federal Plan requirements proposed 

rule to Docket ID No. EPA–HQ–OAR–

2012–0319. The EPA’s policy is that all 

comments received will be included in 

the public docket and may be made 

available online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be confidential 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption and be free of any 

defects or viruses. 

Public Hearing: If a public hearing is 

held, it will be held at the EPA’s 

campus located at 109 T.W. Alexander 

Drive in Research Triangle Park, NC. 

Contact Ms. Virginia Hunt at (919) 541– 

0832, to request a hearing, to request to 

speak at a public hearing or to 

determine if a hearing will be held. If no 

one contacts the EPA requesting to 

speak at a public hearing concerning 

this proposed rule by May 7, 2015, a 

public hearing will not be held. If a 

hearing is held, it will provide 

interested parties the opportunity to 

present data, views or arguments 

concerning the proposed action. The 

EPA will make every effort to 

accommodate all speakers who arrive 

and register. Because this hearing, if 

held, will be at U.S. government 

facilities, individuals planning to attend 

the hearing should be prepared to show 

valid picture identification to the 

security staff in order to gain access to 

the meeting room. Please note that the 

REAL ID Act, passed by Congress in 

2005, established new requirements for 

entering federal facilities. If your 

driver’s license is issued by Alaska, 

American Samoa, Arizona, Kentucky, 

Louisiana, Maine, Massachusetts, 

Minnesota, Montana, New York, 

Oklahoma or the state of Washington, 

you must present an additional form of 

identification to enter the federal 

building. Acceptable alternative forms 

of identification include: Federal 

employee badges, passports, enhanced 

driver’s licenses and military 

identification cards. In addition, you 

will need to obtain a property pass for 

any personal belongings you bring with 

you. Upon leaving the building, you 

will be required to return this property 

pass to the security desk. No large signs 

will be allowed in the building, cameras 

may only be used outside of the 

building and demonstrations will not be 

allowed on federal property for security 

reasons. 

The EPA may ask clarifying questions 

during the oral presentations, but will 

not respond to the presentations at that 

time. Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as oral comments 

and supporting information presented at 

the public hearing. Commenters should 

notify Ms. Hunt if they will need 

specific equipment, or if there are other 

special needs related to providing 

comments at the hearings. Verbatim 

transcripts of the hearing and written 

statements will be included in the 

docket for the rulemaking. The EPA will 

make every effort to follow the schedule 

as closely as possible on the day of the 

hearing; however, please plan for the 

hearing to run either ahead of schedule 

or behind schedule. All details 

regarding a public hearing if one is held 

will be posted on our Web site at http:// 

www.epa.gov/ttn/atw/129/ssi/ssipg.

html. The hearing will be cancelled 

without further notice. 

Docket: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2012–0319. The 

EPA has previously established a docket 

for the March 21, 2011, original sewage 

sludge incinerator (SSI) new source 

performance standards (NSPS) and 

emissions guidelines (EG) under Docket 

ID No. EPA–HQ–OAR–2009–0559. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

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Publicly available docket materials are 

available either electronically at 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

WJC West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Hambrick, Fuels and Incineration 

Group, Sector Policies and Programs 

Division (E143–05), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–0964; fax number: 

(919) 541–3470; email address: 

hambrick.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Acronyms and Abbreviations.The 

following acronyms and abbreviations 

are used in this document. 

7–PAH 7-Polycyclic Aromatic 

Hydrocarbons 

ACI Activated Carbon Injection 

AG Attorney General 

ANSI American National Standards 

Institute 

ASME American Society of Mechanical 

Engineers 

ASTM American Society of Testing and 

Materials 

CAA Clean Air Act 

CBI Confidential Business Information 

Cd Cadmium 

CDX Central Data Exchange 

CEDRI Compliance and Emissions Data 

Reporting Interface 

CEMS Continuous Emissions Monitoring 

Systems 

CFR Code of Federal Regulations 

CO Carbon Monoxide 

Cr Chromium 

EG Emission Guidelines 

EJ Environmental Justice 

ERT Electronic Reporting Tool 

ESP Electrostatic Precipitators 

FB Fluidized Bed 

FF Fabric Filter 

HAP Hazardous Air Pollutants 

HCl Hydrogen Chloride 

Hg Mercury 

ISTDMS Integrated Sorbent Trap Dioxin 

Monitoring System 

ISTMMS Integrated Sorbent Trap Mercury 

Monitoring System 

Mg/dscm Milligrams per Dry Standard 

Cubic Meter 

MH Multiple Hearth 

Mn Manganese 

NAICS North American Industrial 

Classification System 

Ng/dscm Nanograms per Dry Standard 

Cubic Meter 

Ni Nickel 

NOX Nitrogen Oxides 

NSPS New Source Performance Standards 

NTTAA National Technology Transfer and 

Advancement Act of 1995 

OAQPS Office of Air Quality Planning and 

Standards 

OMB Office of Management and Budget 

Pb Lead 

PCB Polychlorinated Biphenyls 

PCDD/PCDF Polychlorinated Dibenzo-PDioxins and Polychlorinated 

Dibenzofurans 

PM Particulate Matter 

PPM Parts per Million 

PPMV Parts per Million by Volume 

PPMDV Parts per Million of Dry Volume 

PRA Paperwork Reduction Act 

PS Performance Specifications 

RFA Regulatory Flexibility Act 

SBA Small Business Administration 

SO2 Sulfur Dioxide 

SSI Sewage Sludge Incineration 

TEF Toxicity Equivalence Factor 

TEQ Toxicity Equivalence 

The Court U.S. Court of Appeals for the 

District of Columbia Circuit 

TMB Total Mass Basis 

TPY Tons per Year 

TTN Technology Transfer Network 

UMRA Unfunded Mandates Reform Act of 

1995 

VCS Voluntary Consensus Standards 

WWW World Wide Web 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. General Information 

A. Does the proposed action apply to me? 

B. What should I consider as I prepare my 

comments? 

II. Background Information 

A. What is the regulatory development 

background for this proposed rule? 

B. What is the purpose of this proposed 

rule? 

C. What is the status of state plan 

submittals? 

III. Affected Facilities 

A. What is a sewage sludge incinerator? 

B. Does the Federal Plan apply to me? 

C. How do I determine if my SSI is covered 

by an approved and effective state plan? 

IV. Elements of the SSI Federal Plan 

A. Legal Authority and Enforcement 

Mechanism 

B. Inventory of Affected SSI 

C. Inventory of Emissions 

D. Compliance Schedules 

E. Emissions Limits and Operating Limits 

F. Operator Training and Qualification 

Requirements 

G. Testing, Monitoring, Recordkeeping and 

Reporting Requirements 

H. Record of Public Hearings 

I. Progress Reports 

J. Affirmative Defense to Malfunctions 

V. Summary of Proposed SSI Federal Plan 

Requirements 

A. What are the proposed applicability 

requirements? 

B. What are the proposed compliance 

schedules? 

C. What are the proposed emissions limits 

and operating limits? 

D. What are the proposed performance 

testing and monitoring requirements? 

E. What are the proposed recordkeeping 

and reporting requirements? 

F. What other requirements is the EPA 

proposing? 

VI. SSI That Have or Will Shut Down 

A. Units That Plan To Close Rather Than 

Comply 

B. Inoperable Units 

C. SSI That Have Shut Down 

VII. Implementation of the Federal Plan and 

Delegation 

A. Background of Authority 

B. Delegation of the Federal Plan and 

Retained Authorities 

C. Mechanisms for Transferring Authority 

D. Implementing Authority 

VIII. Title V Operating Permits 

A. Title V and Delegation of a Federal Plan 

IX. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Environmental Justice Considerations 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Does the proposed action apply to 

me? 

Regulated Entities. If you own or 

operate an existing SSI and are not 

already subject to an EPA-approved and 

effective state plan implementing the 

March 21, 2011, emissions guidelines 

(EG), you may be covered by this 

proposed action. Existing SSI are those 

that commenced construction on or 

before October 14, 2010. Regulated 

categories and entities include those 

that operate SSI. Although there is no 

specific North American Industry 

Classification System (NAICS) code for 

SSI, these units may be operated by 

wastewater treatment facilities designed 

to treat domestic sewage sludge. The 

following NAICS codes could apply as 

shown in Table 1 below: 

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1Several states did not submit plans to the EPA 

by this date. 

TABLE 1—EXAMPLES OF POTENTIALLY REGULATED ENTITIES

Category NAICS code Examples of potentially regulated 

entities 

Solid waste combustors and incinerators ............................................................................... 562213 Municipalities with SSI units. 

Sewage treatment facilities ..................................................................................................... 221320 

This table is not intended to be 

exhaustive, but rather provides a general 

guide for identifying entities likely to be 

affected by the proposed action. To 

determine whether your facility would 

be affected by this action, you should 

examine the applicability criteria in 40 

CFR 62.15855 to 62.15870 of subpart 

LLL being proposed today. If you have 

any questions regarding the 

applicability of this action to a 

particular entity, contact the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. What should I consider as I prepare 

my comments? 

1. Submitting CBI 

Do not submit information that you 

consider to be CBI electronically 

through www.regulations.gov or email. 

Send or deliver information identified 

as CBI to only the following address: 

OAQPS Document Control Officer 

(Room C404–02), U.S. EPA, Research 

Triangle Park, NC 27711, Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0319. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI on a disk or CD–ROM that you 

mail to the EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information marked as 

CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

2. Docket. The docket number for the 

proposed action regarding the SSI 

Federal Plan (40 CFR part 62, subpart 

LLL) is Docket ID No. EPA–HQ–OAR– 

2012–0319. 

3. World Wide Web (WWW). In 

addition to being available in the 

docket, an electronic copy of the 

proposed action is available on the 

WWW through the Technology Transfer 

Network (TTN) Web site. Following 

signature, the EPA will post a copy of 

the proposed action at http://

www.epa.gov/airtoxics/129/ssi/

ssipg.html. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

Additional information is also available 

at the same Web site. 

4. Solicitation of Comments 

The EPA is aware of concerns 

regarding the 40 CFR 62.16015 

provision requiring the SSI to operate at 

a minimum of 85 percent of the 

maximum permitted capacity during 

testing. We are specifically soliciting 

comments and additional data on 

whether the 85 percent threshold 

warrants a revision due to operational 

limitations or other factors. 

II. Background Information 

A. What is the regulatory development 

background for this proposed rule? 

Section 129 of the Clean Air Act 

(CAA), titled, ‘‘Solid Waste 

Combustion,’’ requires the EPA to 

develop and adopt standards for solid 

waste incineration units pursuant to 

CAA sections 111 and 129. On March 

21, 2011, the EPA promulgated NSPS 

and EG for SSI units located at 

wastewater treatment facilities designed 

to treat domestic sewage sludge. See 76 

FR 15372. Codified at 40 CFR part 60, 

subparts LLLL and MMMM, these final 

rules set limits for nine pollutants under 

section 129 of the CAA: cadmium (Cd), 

carbon monoxide (CO), hydrogen 

chloride (HCl), lead (Pb), mercury (Hg), 

nitrogen oxides (NOX), particulate 

matter (PM), polychlorinated dibenzo-pdioxins and polychlorinated 

dibenzofurans (PCDDs/PCDFs), and 

sulfur dioxide (SO2). 

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

address emissions from new units (i.e., 

NSPS), and CAA sections 111(d) and 

129(b) address emissions from existing 

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

enforceable federal regulations, and, 

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

effective 6 months after promulgation. 

Unlike the NSPS, the EG are not 

themselves directly enforceable. 

Section 129(b)(2) of the CAA directs 

states with existing SSI subject to the EG 

to submit plans to the EPA that 

implement and enforce the EG. The 

deadline for states to submit state plans 

to the EPA for review was March 21, 

2012.1 Sections 111 and 129(b)(3) of the 

CAA and 40 CFR 60.27(c) and (d) 

require the EPA to develop, implement 

and enforce a Federal Plan for SSI in 

any state without an approvable state 

plan within 2 years after promulgation 

of the EG. This action proposes the SSI 

Federal Plan. 

On August 20, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit (the Court) remanded portions of 

the 2011 SSI rules for further 

explanation. National Ass’n. of Clean 

Water Agencies v. EPA, 734 F.3d 1115. 

The Court did not vacate the NSPS or 

EG, and, therefore, the requirements of 

the rules remain in place. The EPA is 

evaluating the Court’s decision and 

intends to address the Court’s remand in 

a timely manner. However, the court’s 

remand requires EPA to provide 

additional explanation of several 

aspects of its MACT floor calculations 

in the SSI rule, and the Agency’s 

response to the decision may require 

further evaluation of those calculations. 

In the meantime, the agency believes it 

is appropriate to propose the Federal 

Plan at this time because the SSI rule 

remains in place following the Court’s 

decision and the federal plan is needed 

to implement the rule in states without 

an approved state plan. In this proposal, 

the EPA is soliciting public comment 

only on the implementation of the SSI 

EG through the proposed Federal Plan. 

The EPA will not address comments on 

the underlying SSI rule. 

B. What is the purpose of this proposed 

rule? 

Section 129 of the CAA relies upon 

states as the preferred implementers of 

EG for existing SSI. States with existing 

SSI are to submit to the EPA within 1 

year following promulgation of the EG 

state plans that are at least as protective 

as the EG. The EPA must develop, 

implement and enforce a Federal Plan 

within 2 years following promulgation 

of the EG for sources in states which 

have not submitted an approvable plan. 

The Federal Plan is an interim measure 

to ensure that emissions standards are 

implemented until states assume their 

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2See 76 FR 51371–51375, 51396–51399 and 

51399–51400 to reference the regulatory 

background, summary of final rule changes and 

impacts of the EG adopted on March 21, 2011. 

role as the preferred implementers of 

the EG. 

States without any existing SSI are 

directed to submit to the Administrator 

a letter of negative declaration certifying 

that there are no SSI in the state. No 

plan is required for states that do not 

have any SSI. SSI located in states that 

mistakenly submit a letter of negative 

declaration would be subject to the 

Federal Plan until a state plan covering 

those SSI becomes approved. State 

plans that have been submitted to 

implement the EG adopted on March 21, 

2011, are currently undergoing EPA 

review. This action proposes the SSI 

Federal Plan to implement the EG 

adopted on March 21, 2011, for those 

states that did not have an approved 

state plan in place by March 21, 2012. 

Sections 111 and 129 of the CAA and 

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

to develop, implement and enforce a 

Federal Plan to cover existing SSI 

located in states that do not have an 

approved plan within 2 years after 

promulgation of the EG (by March 21, 

2013). The EPA is proposing the SSI 

Federal Plan now so that a promulgated 

Federal Plan will go into place for any 

such states, and, thus, ensuring 

implementation and enforcement of the 

SSI EG. 

Incineration of sewage sludge causes 

the release of a wide array of air 

pollutants, some of which exist in the 

waste feed material and are released 

unchanged during combustion, and 

some of which are generated as a result 

of the combustion process itself.2 The 

EPA estimated in the 2011 rule that 

once the state plans and Federal Plan 

become effective, a total emissions 

reduction of the regulated pollutants 

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

HCl and SO2) about 450 tons per year 

(TPY), PM about 58 TPY, non-mercury 

metals (i.e., Pb and Cd) about 1.7 TPY 

and Hg about 4 pounds per year. The 

EPA also estimated that air pollution 

control devices installed to comply with 

the 2011 rule would also effectively 

reduce emissions of pollutants such as 

7-Polycyclic Aromatic Hydrocarbons (7– 

PAH), chromium (Cr), manganese (Mn), 

nickel (Ni), and polychlorinated 

biphenyls (PCB). 

C. What is the status of state plan 

submittals? 

Sections 111(d) and 129(b)(3) of the 

CAA, 42 U.S.C. 7411(d) and 7429(b)(3), 

authorize and require the EPA to 

develop and implement a Federal Plan 

for SSI located in states with no 

approved and effective state plan. The 

status of the state plans as of this 

proposal is outlined in the following 

table. 

TABLE 2—STATUS OF STATE PLANS

Status States 

I. States with EPA-Approved State Plans ................... Indiana. 

II. States Anticipated to Submit Negative Declarations 

to the EPA.

Huntsville, Alabama; Jefferson County, Alabama; Kentucky; Jefferson County, Kentucky; 

Mississippi; Tennessee; Montana; Pima County, Arizona; Pinal County, Arizona; Hawaii; Washoe County, Nevada; American Samoa; Guam; Oregon. 

III. Negative Declaration Submitted/EPA Approved .... Maine; Vermont; District of Columbia; Delaware; Philadelphia County, Pennsylvania; 

West Virginia; Alabama; Arkansas; City of Albuquerque, New Mexico; New Mexico; 

Oklahoma; Texas; Nebraska; Colorado; North Dakota; South Dakota; Wyoming Arizona; Idaho. 

IV. Final State Plans Submitted to the EPA ................ New York; Florida; Georgia; South Carolina. 

V. Draft States Plans Submitted to the EPA ............... Puerto Rico; Virginia; Missouri. 

VI. States from which the EPA has not received a 

draft or final plan or negative declaration.

Rhode Island; Virgin Islands; Huntsville, Alabama; Jefferson County, Alabama; Kentucky; 

Jefferson County, Kentucky; Mississippi; North Carolina; Forsyth County, North Carolina; Mecklenburg County, North Carolina; Buncombe County, North Carolina; Tennessee; Minnesota; Louisiana; Iowa; Kansas; Utah; Montana; Pima County, Arizona; 

Pinal County, Arizona; California; Hawaii; Washoe County, Nevada; American Samoa; 

Guam; Alaska; Oregon; Washington. 

VII. States Anticipated to Accept Delegation of Federal Plan.Connecticut; Massachusetts; New Hampshire; New Jersey; Maryland; Pennsylvania; Allegheny County, Pennsylvania; Illinois; Michigan; Ohio; Wisconsin; Maricopa County, 

Arizona; Nevada; Clark County, Nevada. 

The preamble of the final Federal Plan 

will list states that have an EPAapproved plan in effect on the date the 

final Federal Plan is signed by the EPA 

Administrator. As Regional Offices 

approve state plans, they will also, in 

the same action, amend the appropriate 

subpart of 40 CFR part 62 to codify their 

approvals. 

The EPA will maintain a list of state 

plan submittals and approvals on the 

TTN Air Toxics Web site at http://

www.epa.gov/airtoxics/129/ssi/

ssipg.html. The list will help SSI owners 

or operators determine whether their 

SSI is affected by a state plan or the 

Federal Plan. 

Sewage sludge incinerator owners and 

operators can also contact the EPA 

Regional Office for the state in which 

their SSI is located to determine 

whether there is an approved and 

effective state plan in place. Table 3 lists 

the names, email addresses and 

telephone numbers of the EPA Regional 

Office contacts and the states and 

protectorates that they cover. 

TABLE 3—REGIONAL OFFICE CONTACTS

Region Regional contact Phone States and protectorates 

Region I ............ Patrick Bird, bird.patrick@epa.gov .......................... (617) 918–1287 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont. 

Region II ........... Ted Gardella, gardella.anthony@epa.gov ............... (212) 637–3892 New York, New Jersey, Puerto Rico, Virgin Islands. 

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3An SSI unit is an enclosed device or devices 

using controlled flame combustion that burns 

sewage sludge for the purpose of reducing the 

volume of the sewage sludge by removing 

combustible matter. An SSI unit also includes, but 

is not limited to, the sewage sludge feed system, 

auxiliary fuel feed system, grate system, flue gas 

system, waste heat recovery equipment, if any, and 

bottom ash system. The SSI unit includes all ash 

handling systems connected to the bottom ash 

handling system. The combustion unit bottom ash 

system ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. 

The SSI unit does not include air pollution control 

equipment or the stack. 40 CFR 60.5250. 

TABLE 3—REGIONAL OFFICE CONTACTS—Continued 

Region Regional contact Phone States and protectorates 

Region III .......... Mike Gordon, gordon.mike@epa.gov ...................... (215) 814–2039 Virginia, Delaware, District of Columbia, Maryland, 

Pennsylvania, West Virginia. 

Region IV .......... Stan Kukier, Kukier.stan@epa.gov. ......................... (404) 562–9046 Florida, Georgia, North Carolina, Alabama, Kentucky, Mississippi, South Carolina, Tennessee. 

Region V ........... Margaret Sieffert, sieffert.margaret@epa.gov ......... (312) 353–1151 Minnesota, Wisconsin, Illinois, Indiana, Michigan, 

Ohio. 

Region VI .......... Steve Thompson, thompson.steve@epa.gov .......... (214) 665–2769 Arkansas, Louisiana, New Mexico, Oklahoma, 

Texas. 

Region VII ......... Lisa Hanlon, hanlon.lisa@epa.gov .......................... (913) 551–7599 Iowa, Kansas, Missouri, Nebraska. 

Region VIII ........ Kendra Morrison, Morrison.kendra@epa.gov .......... (303) 312–6145 Colorado, Montana, North Dakota, South Dakota, 

Utah, Wyoming. 

Region IX .......... Joseph Lapka, lapka.joseph@epa.gov .................... (415) 947–4226 Arizona, California, Hawaii, Nevada, American 

Samoa, Guam, Northern Mariana Islands. 

Region X ........... Heather Valdez, valdez.heather@epa.gov .............. (206) 553–6220 Alaska, Idaho, Oregon, Washington. 

III. Affected Facilities 

A. What is a sewage sludge incinerator? 

The term ‘‘SSI’’ means any unit 3 that 

combusts any amount of sewage sludge 

located at a wastewater treatment 

facility designed to treat domestic 

sewage sludge, as defined in 40 CFR 

part 62, subpart LLL. The affected 

facility is each individual SSI unit. The 

Federal Plan defines two subcategories 

for existing SSI units in 40 CFR part 

62.16045 of subpart LLL: Multiple 

hearth (MH) incinerators and fluidized 

bed (FB) incinerators. 

The combustion of sewage sludge that 

is not burned in an SSI unit located at 

a wastewater treatment facility designed 

to treat domestic sewage sludge may be 

subject to other standards under the 

CAA. 

B. Does the Federal Plan apply to me? 

The Federal Plan would apply to the 

owner or operator of an affected SSI unit 

and the device is not covered by an 

approved and effective state plan as of 

March 21, 2012. The Federal Plan 

would cover SSI until the EPA approves 

a state plan that covers SSI and that 

plan becomes effective. 

If the construction of an SSI unit 

began on or before October 14, 2010, it 

would be considered an existing SSI 

and could be subject to the Federal Plan. 

If the construction of an SSI unit began 

after October 14, 2010, or modification 

of an SSI unit began after September 21, 

2011, it would be considered a new SSI 

and would be subject to the NSPS. 

Any existing SSI would be subject to 

this Federal Plan, if, on the effective 

date of the Federal Plan, the EPA has 

not approved a state plan implementing 

the EG that covers an SSI unit or the 

EPA-approved state plan has not 

become effective. The specific 

applicability of the proposed Federal 

Plan is described in 40 CFR 62.15855 

through 62.15870 of subpart LLL. The 

Federal Plan would become effective 30 

days after final promulgation. 

Once an approved state plan is in 

effect, the Federal Plan would no longer 

apply to SSI covered by an approved 

state plan. An approved state plan is a 

plan developed by a state that the EPA 

has reviewed and approved based on 

the requirements in 40 CFR part 60, 

subpart B, to implement 40 CFR part 60, 

subpart MMMM. The state plan is 

effective on the date specified in the 

notice published in the Federal Register 

announcing the EPA’s approval of the 

plan. 

The EPA’s promulgation of an SSI 

Federal Plan will not preclude states 

from submitting a plan. If a state 

submits a plan after the promulgation of 

the SSI Federal Plan, the EPA will 

review and approve or disapprove the 

state plan. If the EPA approves a plan, 

then the SSI Federal Plan no longer 

applies to SSI covered by the state plan. 

If an SSI were overlooked by a state and 

the state submitted a negative 

declaration letter, or if an individual SSI 

were not covered by an approved and 

effective state plan, the SSI would be 

subject to this Federal Plan. 

C. How do I determine if my SSI is 

covered by an approved and effective 

state plan? 

Part 62 of Title 40 of the CFR 

identifies the status of approval and 

promulgation of CAA section 111(d) and 

CAA section 129 state plans for 

designated facilities in each state. 

However, 40 CFR part 62 is updated 

only once per year. Thus, if 40 CFR part 

62 does not indicate that your state has 

an approved and effective plan, you 

should contact your state environmental 

agency’s air director or your EPA 

Regional Office (see Table 3 in section 

II.C of this preamble) to determine if 

approval occurred since publication of 

the most recent version of 40 CFR part 

62. 

IV. Elements of the SSI Federal Plan 

The basic elements of the Federal 

Plan include: (1) Identification of legal 

authority and mechanisms for 

implementation; (2) inventory of SSI; (3) 

emissions inventory; (4) compliance 

schedules; (5) emissions limits and 

operating limits; (6) operator training 

and qualification; (7) testing, 

monitoring, recordkeeping and 

reporting; (8) public hearing; and (9) 

progress reporting. See 40 CFR part 62, 

subparts LLL and sections 111 and 129 

of the CAA. Below, we explain the 

proposed Federal Plan elements in 

detail. 

A. Legal Authority and Enforcement 

Mechanism 

Section 301(a) of the CAA provides 

the EPA with broad authority to write 

regulations that carry out the functions 

of the CAA. Sections 111(d) and 

129(b)(3) of the CAA direct the EPA to 

develop a Federal Plan for states that do 

not submit approvable state plans. 

Sections 111 and 129 of the CAA 

provide the EPA with the authority to 

implement and enforce the Federal Plan 

in cases where the state fails to submit 

a satisfactory state plan. Section 

129(b)(3) of the CAA requires the EPA 

to develop, implement and enforce a 

Federal Plan within 2 years after the 

date the relevant EG are promulgated 

(by March 21, 2013, for the 2011 SSI 

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EG). Compliance with the EG cannot be 

later than 5 years after the relevant EG 

are promulgated (by March 21, 2016, for 

the 2011 SSI EG). 

B. Inventory of Affected SSI 

In Docket No. EPA–HQ–OAR–2012– 

0319, today’s proposed Federal Plan 

includes an inventory of the SSI that 

may potentially be covered by this 

Federal Plan in the absence of approved 

state plans. (See 40 CFR 62.15870.) This 

inventory contains 185 SSI in 25 states. 

It is based on information collected from 

EPA Regions, states, SSI facilities, and 

review of existing SSI inventories, Title 

V permits, emissions test reports and 

facility Web sites. The EPA recognizes 

that this list may not be complete. 

Therefore, sources potentially subject to 

this proposed Federal Plan may include, 

but are not limited to, the SSI listed in 

Docket No. EPA–HQ–OAR–2012–0319. 

Any SSI that meets the applicability 

criteria in the proposed Federal Plan 

rule would be subject to the Federal 

Plan, regardless of whether it is listed in 

the inventory. States or individuals are 

invited to identify additional sources for 

inclusion to the list during the comment 

period for this proposal. 

C. Inventory of Emissions 

This proposed Federal Plan includes 

an emissions estimate for existing SSI. 

The pollutants inventoried are Cd, CO, 

PCDD/PCDF, HCl, Pb, Hg, PM, NOX and 

SO2. For this proposal, the EPA has 

estimated the emissions from each 

known SSI that potentially may be 

covered by the proposed Federal Plan 

for the nine pollutants regulated by the 

EG and covered by the proposed Federal 

Plan. 

The emissions inventory is based on 

available information about the SSI and 

typical emissions rates developed for 

calculating nationwide air impacts of 

the EG. Refer to the inventory 

memorandum in Docket No. EPA–HQ– 

OAR–2012–0319 for the complete 

updated emissions inventory.We are 

soliciting comments on additional data 

regarding the emission inventory for 

existing SSI. 

D. Compliance Schedules 

Owners or operators of affected SSI 

units must comply within 1 year from 

state plan approval or, in the case of the 

Federal Plan, within 1 year of 

promulgation of the Federal Plan. 

Increments of progress are required for 

SSI that need more than 1 year from 

state plan approval to comply, or, in the 

case of the Federal Plan, more than 1 

year after promulgation of the final 

Federal Plan. (See 40 CFR 62.15875 

through 62.15915.) The two proposed 

increments of progress are included to 

ensure that each SSI needing more time 

to comply is making progress toward 

meeting the emissions limits. 

The proposed Federal Plan includes 

defined and enforceable dates for 

completion of each increment. These 

increments of progress are: (1) Submit 

final control plan; and (2) final 

compliance. 

E. Emissions Limits and Operating 

Limits 

The proposed Federal Plan contains 

emissions limits that correspond to the 

2011 SSI rule. (See 40 CFR 62.15955 

through 62.16010.) The emissions limits 

in this proposed SSI Federal Plan are 

the same as those contained in the 2011 

EG. (See proposed Table 5 of this 

preamble.)This action does not revise 

these limits. It is only intended to 

implement these limits for existing 

sources in states that have not adopted 

a state plan. Section V.B of this 

preamble discusses these emissions 

limits. 

F. Operator Training and Qualification 

Requirements 

The proposed Federal Plan requires 

that the owner or operator must qualify 

operators or their supervisors (at least 

one per facility) by ensuring that they 

complete an operator training course 

and annual review or refresher course. 

(See 40 CFR 62.15920 through 

62.15950.) Today’s proposed Federal 

Plan also contains operator training and 

qualification requirements that 

correspond to the 2011 EG. 

G. Testing, Monitoring, Recordkeeping 

and Reporting Requirements 

The proposed Federal Plan includes 

testing, monitoring, recordkeeping and 

reporting requirements. (See 40 CFR 

62.16015 through 62.16040.) These 

proposed requirements correspond with 

the 2011 EG. Testing, monitoring, 

recordkeeping and reporting 

requirements will assure initial and 

ongoing compliance. 

H. Record of Public Hearings 

Today’s proposed Federal Plan 

provides opportunity for public 

participation in adopting the plan. If 

requested to do so, the EPA will hold a 

public hearing in Research Triangle 

Park, NC. A record of the public 

hearing, if any, will appear in Docket 

No. EPA–HQ–OAR–2012–0319. If a 

public hearing is requested and held, 

the EPA may ask clarifying questions 

during the oral presentation, but will 

not respond to the presentations or 

comments at that time. Written 

statements and supporting information 

submitted during the public comment 

period will be considered with 

equivalent weight as any oral statement 

and supporting information 

subsequently presented at a public 

hearing, if held. 

I. Progress Reports 

Today’s proposed Federal Plan 

requests that the EPA Regional Offices 

prepare annual progress reports to show 

the progress of SSI toward 

implementation of the EG. States that 

have been delegated the authority to 

implement and enforce this Federal 

Plan would be required to submit 

annual progress reports to the 

appropriate EPA Regional Office. 

Each progress report must include the 

following items: (1) Status of 

enforcement actions; (2) status of 

increments of progress; (3) identification 

of sources that have shut down or 

started operation; (4) emissions 

inventory data for sources that were not 

in operation at the time of plan 

development but that began operation 

during the reporting period; (5) 

additional data as necessary to update 

previously submitted source and 

emissions information; and (6) copies of 

technical reports on any performance 

testing and monitoring. 

J. Affirmative Defense to Malfunctions 

The proposed Federal Plan does not 

include an affirmative defense to 

malfunction events. In the 2011 SSI 

rule, the EPA included an affirmative 

defense which provided that civil 

penalties would not be assessed if a 

source demonstrated in a judicial or 

administrative proceeding that it had 

met certain requirements. 

However in 2014, the Court vacated 

such an affirmative defense in one of the 

EPA’s CAA section 112(d) regulations. 

NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 

2014) (vacating affirmative defense 

provisions in CAA section 112(d) rule 

establishing emission standards for 

Portland cement kilns). The Court found 

that the EPA lacked authority to 

establish an affirmative defense for 

private civil suits and held that under 

the CAA, the authority to determine 

civil penalty amounts lies exclusively 

with the Courts, not the EPA. 

Specifically, the Court found: ‘‘As the 

language of the statute makes clear, the 

courts determine, on a case-by-case 

basis, whether civil penalties are 

‘appropriate.’ ’’ See NRDC at 1063 

(‘‘U]nder this statute, deciding whether 

penalties are ‘appropriate’ in a given 

private civil suit is a job for the courts, 

not EPA.’’). In light of NRDC, the EPA’s 

proposed Federal Plan for the SSI rule 

does not include the affirmative defense 

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provision. The EPA intends to revise the 

SSI rule and remove the affirmative 

defense provision from the rule in the 

near future. 

V. Summary of Proposed SSI Federal 

Plan Requirements 

The proposed SSI Federal Plan 

requirements are described below. Table 

4 lists each element and identifies 

where it is located or codified. 

TABLE 4—ELEMENTS OF THE PROPOSED SSI FEDERAL PLAN

Element of the SSI Federal Plan Location 

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

Inventory of affected SSI units ........................................................................ Docket ID No. EPA–HQ–OAR–2012–0319. 

Inventory of emissions ..................................................................................... Docket ID No. EPA–HQ–OAR–2012–0319. 

Compliance schedules ..................................................................................... 40 CFR 62.15875 to 62.15915. 

Emissions limits and operating limits .............................................................. 40 CFR 62.15955 to 62.16010.

Operator training and qualification .................................................................. 40 CFR 62.15920 to 62.15950. 

Testing, monitoring, recordkeeping and reporting ........................................... 40 CFR 62.16015 to 62.16040. 

Record of public hearings ................................................................................ Docket ID No. EPA–HQ–OAR–2012–0319. 

Progress reports .............................................................................................. Section V.B. of this preamble. 

A. What are the proposed applicability 

requirements? 

The proposed Federal Plan 

applicability reflects the 2011 EG. The 

proposed Federal Plan applies to 

existing SSI units meeting the 

applicability of 40 CFR 62.15855 that 

are located in any state that does not 

currently have an approved state plan in 

place. Existing SSI are considered to be 

all SSI units for which construction 

commenced on or before October 14, 

2010. All SSI units for which 

construction commenced after October 

14, 2010, or for which modification 

commenced after September 21, 2011, 

are considered ‘‘new’’ sources subject to 

NSPS emissions limits (40 CFR part 60, 

subpart LLLL). 

The Federal Plan requirements apply 

to owners and/or operators of SSI units 

(as defined in 40 CFR 62.16045) located 

at wastewater treatment facilities 

designed to treat domestic sewage 

sludge. Two subcategories are defined 

for existing units: MH incinerators and 

FB incinerators. The combustion of 

sewage sludge that is not burned in an 

SSI unit located at a wastewater 

treatment facility designed to treat 

domestic sewage sludge may be subject 

to other incineration standards. 

B. What are the proposed compliance 

schedules? 

Today’s proposed Federal Plan 

requires owners or operators of SSI to 

either: (1) Come into compliance with 

the plan within 1 year after the plan is 

promulgated; or (2) meet increments of 

progress and come into compliance by 

March 21, 2016. Increments of progress 

are necessary in order to ensure that SSI 

needing more time to comply are 

making progress toward meeting the 

emissions limits and will be in 

compliance by the required date. This 

proposed Federal Plan includes two 

increments of progress (See 40 CFR 

62.15875 through 62.15915), along with 

defined and enforceable dates for 

completion of each increment. 

The SSI owner or operator must meet 

each of the two increments of progress 

for each SSI no later than the applicable 

compliance date for each increment. In 

addition, the owner or operator must 

notify the EPA and permitting authority 

or delegated authority as each increment 

of progress is achieved, as well as when 

any is missed. The notification must 

identify the increment and the date the 

increment is achieved (or missed). If an 

owner or operator misses an increment 

deadline, the owner or operator must 

also notify the EPA and permitting 

authority or delegated authority when 

the increment is achieved. The owner or 

operator must mail the notification to 

the applicable EPA Regional Office and 

permitting authority or delegated 

authority within 10 business days after 

the increment date that is defined in the 

Federal Plan. (See Table 3 under section 

II.C.of this preamble for a list of EPA 

Regional Offices.) 

The definition of each increment of 

progress, along with its required 

completion date, follows. 

Submit Final Control Plan. To meet 

this increment, the owner or operator of 

each SSI must submit a plan that 

includes a description of the devices for 

air pollution control and process 

changes that will be used to comply 

with the emissions limits and standards 

and other requirements of this subpart, 

a description of the type(s) of waste to 

be burned (if other than sewage sludge 

is burned in the unit), the maximum 

design sewage sludge burning capacity, 

and, if applicable, the petition for sitespecific operating limits under 40 CFR 

62.15965. A copy of the final control 

plan must be maintained onsite. A final 

control plan is not required for units 

that will be shut down prior to the final 

control plan submittal date. 

Completion date: [3 months from date 

of publication of the final rule in the 

Federal Register]. 

Final Compliance. To be in final 

compliance means to complete all 

process changes and retrofit 

construction of control devices as 

specified in the final control plan, so 

that if the SSI is brought online, all 

necessary process changes and air 

pollution control devices are operating 

as designed. 

Completion date: March 21, 2016. 

The EPA developed this schedule 

using the EPA guidance drafted for 

enabling states to draft state plans and 

set increments of progress. The 2010 

State Implementation Guidance 

Document is available in this 

rulemaking docket and through the 

EPA’s TTN at http://www.epa.gov/

ttnatw01/129/hmiwi/epa453b10001_

hmiwi.pdf. 

If an SSI does not achieve final 

compliance by March 21, 2016, the 

proposed Federal Plan requires the SSI 

to shut down by March 21, 2016, 

complete the retrofit while not operating 

and be in compliance upon restarting. 

An SSI that operates out of compliance 

after the final compliance date would be 

in violation of the Federal Plan and 

subject to enforcement action. 

C. What are the proposed emissions 

limits and operating limits? 

This action proposes to incorporate 

the EG emissions and operating limits 

into the SSI Federal Plan. Table 5 of this 

preamble summarizes the EG emissions 

limits promulgated. Existing sources 

may comply with either the PCDD/

PCDF toxicity equibalance or total mass 

balance emission limits. These 

standards apply at all times. Facilities 

will be required to establish site-specific 

operating limits derived from the results 

of performance testing. The site-specific 

operating limits are established as the 

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minimum (or maximum, as appropriate) 

operating parameter value measured 

during the performance test. These 

operating limits will result in achievable 

operating ranges that will ensure that 

the control devices used for compliance 

will be operated to achieve continuous 

compliance with the emissions limits. 

Further discussion on performance 

testing can be found in section V.D.of 

this preamble. 

TABLE 5—SUMMARY OF EG EMISSIONS LIMITS PROMULGATED FOR EXISTING SSI 

Pollutant Units Emission limit for MH 

incinerators 

Emission limit for FB 

incinerators 

Cd ........................................ milligrams per dry standard cubic meter @7 percent 

Oxygen.

0.095 .................................. 0.0016. 

CO ....................................... parts per million of dry volume @7 percent Oxygen .... 3,800 .................................. 64. 

HCl ....................................... parts per million of dry volume @7 percent Oxygen .... 1.2 ...................................... 0.51. 

Hg ........................................ mg/dscm @7% 02 ......................................................... 0.28 .................................... 0.037. 

NOX ..................................... parts per million of dry volume @7 percent Oxygen .... 220 ..................................... 150. 

Pb ........................................ milligrams per dry standard cubic meter @7 percent 

Oxygen.

0.30 .................................... 0.0074. 

PCDD/PCDF, TEQ .............. nanograms per dry standard cubic meter @7 percent 

Oxygen.

0.32 .................................... 0.10. 

PCDD/PCDF, TMB .............. nanograms per dry standard cubic meter @7 percent 

Oxygen.

5.0 ...................................... 1.2. 

PM ....................................... milligrams per dry standard cubic meter @7 percent 

Oxygen.

80 ....................................... 18. 

SO2 ...................................... parts per million of dry volume @7 percent Oxygen .... 26 ....................................... 15. 

Fugitive emissions from ash 

handling.

Percent of the hourly observation period ...................... Visible emissions of combustion ash from an ash 

conveying system (including conveyor transfer 

points) for no more than 

5 percent of any compliance test hourly observation period.

Visible emissions of combustion ash from an ash 

conveying system (including conveyor transfer 

points) for no more than 

5 percent of any compliance test hourly observation period. 

D. What are the proposed performance 

testing and monitoring requirements? 

The following paragraphs list a 

number of testing and monitoring 

requirements in the 2011 EG that are 

proposed to be incorporated into the SSI 

Federal Plan in today’s action. 

1. Performance Testing 

The proposed performance testing 

provisions reflect those in the SSI EG. 

First, today’s proposed Federal Plan 

requires all existing SSI units to 

demonstrate initial and annual 

compliance with the emission limits 

using EPA-approved emission test 

methods. Additionally, there is a 

proposed option for less frequent testing 

if sources demonstrate that their 

emissions of regulated pollutants are 

below thresholds of the emission limits. 

This proposal requires initial and 

annual emissions performance tests (or 

continuous emissions monitoring or 

continuous sampling as an alternative), 

bag leak detection systems for fabric 

filter (FF) controlled units, and 

continuous parameter monitoring, if 

they are used to meet the emission 

limits. All SSI are also required to 

conduct initial and annual inspections 

of air pollution control devices. 

Additional monitoring includes the 

Method 22 (see 40 CFR part 60, 

appendix A–7) visible emissions test of 

the ash handling operations during each 

compliance test to demonstrate 

compliance with the visible emissions 

limit. For existing SSI units, use of Cd, 

CO, HCl, NOX, PM, Pb or SO2

Continuous Emissions Monitoring 

Systems (CEMS); Integrated Sorbent 

Trap Mercury Monitoring System 

(ISTMMS); and Integrated Sorbent Trap 

Dioxin Monitoring System (ISTDMS) 

(continuous sampling with periodic 

sample analysis) are approved 

alternatives to parametric monitoring 

and annual compliance testing. 

Second, today’s proposed Federal 

Plan allows sources to use results of 

their previous emissions tests to meet 

the initial compliance performance test 

requirement if those tests were 

conducted within the 2 previous years 

and were conducted under the same 

conditions. The operating limits 

established during the most recent 

performance test that demonstrated 

initial compliance with the emissions 

limits must be met. 

Third, today’s proposed Federal Plan 

incorporates by reference two 

alternatives to the EPA reference test 

methods, ANSI/ASME PTC 19.10–1981, 

Flue and Exhaust Gas Analyses and 

ASTM D6784–02, Standard Test Method 

for Elemental, Oxidized, Particle Bound 

and Total Mercury Generated from CoalFired Stationary sources (Ontario-Hydro 

Method). These tests are discussed 

further in section IX.I.titled, ‘‘National 

Technology Transfer and Advancement 

Act (NTTAA),’’ of this preamble. 

2. Monitoring 

Monitoring of operating limits can be 

used to indicate whether air pollution 

control equipment and practices are 

functioning properly to minimize air 

pollution. The 2011 EG and today’s 

proposed Federal Plan include the 

following parameter monitoring 

requirements for good combustion, wet 

scrubbers, afterburners, electrostatic 

precipitators (ESP), activated carbon 

injection (ACI) or FF: 

• All units must establish a minimum 

operating temperature or afterburner 

temperature, site specific operating 

requirements for fugitive ash, and 

monitor feed rate and moisture content 

of the sludge. 

• If using a scrubber to comply with 

the emissions limits for PM, Pb and Cd, 

continuously monitor minimum 

pressure drop. 

• If using a scrubber to comply with 

any of the emissions limits, 

continuously monitor minimum 

scrubber liquid flow rate. 

• If using a scrubber to comply with 

the emissions limits for SO2 or HCl, 

continuously monitor minimum 

scrubber liquid pH. 

• If using an afterburner to comply 

with the emissions limits, continuously 

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monitor the minimum temperature of 

the afterburner combustion chamber. 

• If using an ESP to comply with PM, 

Pb and Cd emissions limits, 

continuously monitor minimum power 

input to the ESP collection plates. 

Power input must be calculated as the 

product of the secondary voltage and 

secondary amperage to the ESP 

collection plates. Both the secondary 

voltage and secondary amperage must 

be recorded during the performance test. 

• If using an ESP to comply with PM, 

Pb and Cd emissions limits, monitor 

hourly minimum effluent water flow 

rate at the outlet of the ESP. 

• If using ACI to comply with the 

emissions limits, monitor hourly 

minimum Hg sorbent inject rate, 

minimum PCDD/PCDF sorbent injection 

rate, and continuously monitor 

minimum carrier gas flow rate or 

minimum carrier gas pressure drop for 

the applicable emission limit. 

• If using a FF, install a bag leak 

detection system and operate the bag 

leak detection system such that the 

alarm does not sound more than 5 

percent of the operating time during a 

6-month period. 

• If using something other than a wet 

scrubber, ESP, ACI, FF or afterburner, 

petition the Administrator for other sitespecific operating parameters, operating 

limits, and averaging periods to be 

established during the initial 

performance test and continuously 

thereafter. 

Owners or operators are not required 

to establish operating limits for the 

operating parameters for a control 

device if a Continuous Monitoring 

System (CMS) is used to demonstrate 

compliance with the emissions limits. 

3. Electronic Data Submittal 

In this proposal, the EPA is describing 

a process to increase the ease and 

efficiency of performance test data 

submittal while improving data 

accessibility. Specifically, the EPA is 

proposing that owners and operators of 

SSI facilities submit electronic copies of 

required performance test and 

performance evaluation reports by 

direct computer-to-computer electronic 

transfer using EPA-provided software. 

This mirrors the 2011 EG for SSI units. 

The direct computer-to-computer 

electronic transfer is accomplished 

through the EPA’s Central Data 

Exchange (CDX) using the Compliance 

and Emissions Data Reporting Interface 

(CEDRI). The CDX is the EPA’s portal 

for submittal of electronic data. The 

EPA-provided software is called the 

Electronic Reporting Tool (ERT) which 

is used to generate electronic reports of 

performance tests and evaluations. The 

ERT generates an electronic report 

package which will be submitted using 

the CEDRI. The submitted report 

package will be stored in the CDX 

archive (the official copy of record) and 

the EPA’s public database called 

WebFIRE. All stakeholders will have 

access to all reports and data in 

WebFIRE and accessing these reports 

and data will be very straightforward 

and easy (see the WebFIRE Report 

Search and Retrieval link at http://

cfpub.epa.gov/webfire/index.

cfm?action=fire.searchERTSubmission). 

A description and instructions for use of 

the ERT can be found at http://

www.epa.gov/ttn/chief/ert/index.html 

and CEDRI can be accessed through the 

CDX Web site (www.epa.gov/cdx). A 

description of the WebFIRE database is 

available at: http://cfpub.epa.gov/

oarweb/index.cfm?action=fire.main. 

The proposal to submit performance 

test data electronically to the EPA 

applies only to those performance tests 

(and/or performance evaluations) 

conducted using test methods that are 

supported by the ERT. The ERT 

supports most of the commonly used 

EPA reference methods. A listing of the 

pollutants and test methods supported 

by the ERT is available at: http://

www.epa.gov/ttn/chief/ert/index.html. 

Similarly described in the 2011 EG for 

SSI units, we believe that industry 

would benefit from this proposed 

approach to electronic data submittal. 

Specifically, by using this approach, 

industry will save time in the 

performance test submittal process. 

Additionally, the standardized format 

that the ERT uses allows sources to 

create a more complete test report 

resulting in less time spent on data 

backfilling if a source failed to include 

all data elements required to be 

submitted. Also, through this proposal, 

industry may only need to submit a 

report once to meet the requirements of 

the applicable subpart because 

stakeholders can readily access these 

reports from the WebFIRE database. 

This also benefits industry by reducing 

on recordkeeping costs as the 

performance test reports that are 

submitted to the EPA using CEDRI are 

no longer required to be retained in hard 

copy, thereby, reducing staff time 

needed to coordinate these records. 

Since the EPA will already have 

performance test data in hand, another 

benefit to industry is that fewer or less 

substantial data collection requests in 

conjunction with prospective required 

residual risk assessments or technology 

reviews will be needed. This would 

result in a decrease in staff time needed 

to respond to data collection requests. 

State, local and tribal air pollution 

control agencies may also benefit from 

having electronic versions of the reports 

they are now receiving. For example, 

state, local and tribal air pollution 

control agencies may be able to conduct 

a more streamlined and accurate review 

of electronic data submitted to them. 

For example, the ERT would allow for 

an electronic review process, rather than 

a manual data assessment, and, 

therefore, making review and evaluation 

of the source provided data and 

calculations easier and more efficient. In 

addition, the public will stand to benefit 

from electronic reporting of emissions 

data because the electronic data will be 

easier for the public to access. How the 

air emissions data are collected, 

accessed and reviewed will be more 

transparent for all stakeholders. 

One major advantage of the proposed 

submittal of performance test data 

through the ERT is a standardized 

method to compile and store much of 

the documentation required to be 

reported by this rule. The ERT clearly 

states what testing information would 

be required by the test method and has 

the ability to house additional data 

elements that might be required by a 

delegated authority. 

In addition, the EPA must have 

performance test data to conduct 

effective reviews of CAA sections 111, 

112 and 129 standards, as well as for 

many other purposes including 

compliance determinations, emission 

factor development and annual 

emission rate determinations. In 

conducting these required reviews, the 

EPA has found it ineffective and time 

consuming, for both EPA and regulatory 

agencies and source owners and 

operators, to locate, collect and submit 

performance test data. In recent years, 

though, stack testing firms have 

typically collected performance test data 

in electronic format, making it possible 

to move to an electronic data submittal 

system that would increase the ease and 

efficiency of data submittal and improve 

data accessibility. 

A common concern raised by industry 

and regulators is that emission factors 

are outdated or not representative of a 

particular source category. With timely 

receipt and incorporation of data from 

most performance tests, the EPA would 

be able to ensure that emission factors, 

when updated, represent the most 

current range of operational practices. 

Finally, another benefit of the proposed 

data submittal to WebFIRE 

electronically is that these data would 

greatly improve the overall quality of 

existing and new emissions factors by 

supplementing the pool of emissions 

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test data for establishing emissions 

factors. 

In summary, in addition to supporting 

regulation development, control strategy 

development and other air pollution 

control activities, having an electronic 

database populated with performance 

test data would save industry, state, 

local, tribal agencies and the EPA 

significant time, money and effort while 

also improving the quality of emission 

inventories and air quality regulations. 

E. What are the proposed recordkeeping 

and reporting requirements? 

Today’s action proposes 

recordkeeping and reporting 

requirements which reflect those 

finalized in the 2011 EG. Today’s 

proposed Federal Plan requires that 

records of all initial and all subsequent 

stack or performance specification (PS) 

tests, deviation reports, operating 

parameter data, continuous monitoring 

data, maintenance and inspections of air 

pollution control devices, monitoring 

plan, and operator training and 

qualification must be maintained for 5 

years. The results of the stack tests and 

PS test and values for operating 

parameters are required to be included 

in initial and subsequent compliance 

reports. Any incident of deviation, 

resumed operation following shutdown, 

force majeure, intent to stop or start use 

of CMS, and intent of conducting or 

rescheduling a performance test are 

required to be reported to the 

Administrator. Furthermore, increments 

of progress reports are required 

following the completion of each 

increment of progress and identifying 

any missed increment of progress. See 

section V.B of this preamble for a more 

detailed discussion of the increments of 

progress and compliance schedules. 

F. What other requirements is the EPA 

proposing? 

This action proposes other 

requirements that reflect those finalized 

in the 2011 EG. First, owners and 

operators of existing SSI units are 

required to meet operator training and 

qualification requirements, which 

include: Ensuring that at least one 

operator or supervisor per facility 

complete the operator training course, 

that qualified operator(s) or 

supervisor(s) complete an annual review 

or refresher course specified in the 

regulation and that they maintain plantspecific information, updated annually, 

regarding training. 

Second, owners or operators of 

existing SSI are required to submit a 

monitoring plan for any CMS or bag leak 

detection system used to comply with 

the rule. Third, they must also submit 

a monitoring plan for their ash handling 

system that specifies the operating 

procedures they will follow to ensure 

that they meet the fugitive ash 

emissions limit. 

VI. SSI That Have or Will Shut Down 

A. Units That Plan To Close Rather 

Than Comply 

The proposed Federal Plan establishes 

that if owners or operators plan to 

permanently close currently operating 

SSI, they must do so and submit a 

closure notification to the Administrator 

by the date the final control plan is due. 

The requirements for closing SSI unit 

rather than complying with the rule 

under today’s proposal will be set forth 

at 40 CFR 62.15915 of subpart LLL. 

Until such time as a unit is permanently 

closed, it must comply with any 

applicable requirements of the Federal 

Plan. 

If an SSI unit continues to operate 1 

year after publication of the final 

Federal Plan in the Federal Register, 

then it must comply with all aspects of 

this Federal Plan by the date 1 year after 

publication of the final action. In 

addition, while still in operation, the 

SSI unit is subject to the same 

requirements for Title V operating 

permits that apply to units that will not 

shut down. 

B. Inoperable Units 

Today’s proposed Federal Plan 

provides that in cases where an SSI has 

already shut down permanently and has 

been rendered inoperable (e.g., waste 

charge door is welded shut, stack is 

removed, combustion air blowers 

removed, burners or fuel supply 

appurtenances are removed, the SSI 

may be left off the source inventory in 

a state plan or this proposed Federal 

Plan. An SSI that has been rendered 

inoperable would not be covered by the 

Federal Plan. 

C. SSI That Have Shut Down 

Today’s Federal Plan proposal 

includes any SSI that are known to have 

already shut down (but are not known 

to be inoperable) in the source inventory 

. . . 

1. Restarting Before the Final 

Compliance Date 

If the owner or operator of an inactive 

SSI plans to restart before the final 

compliance date, the owner or operator 

must meet the increments of progress 

specified in the Federal Plan. Final 

compliance is required for all pollutants 

and all SSI no later than the final 

compliance date. 

2. Restarting After the Final Compliance 

Date 

Under this proposed Federal Plan, if 

the owner or operator of an SSI closes 

the SSI unit, but restarts the unit after 

the final compliance date, the owner or 

operator must complete emission 

control retrofits and meet the emissions 

and operating limits on the date the SSI 

unit restarts operation. Within 6 months 

of the unit startup, operator(s) of these 

SSI would have to complete the 

operator training and qualification 

requirements. Within 60 days of 

installing an air pollution control 

device, operator(s) must conduct a unit 

inspection. Performance testing to 

demonstrate initial compliance would 

also be required as described at 40 CFR 

62.15980. There is no need to show that 

the increments of progress have been 

met since these steps would have 

occurred before restart while the SSI 

was shut down and not generating 

emissions. AN SSI that operates out of 

compliance after the final compliance 

date would be in violation of the 

Federal Plan and subject to enforcement 

action. 

VII. Implementation of the Federal Plan 

and Delegation 

A. Background of Authority 

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

the CAA, the EPA is required to adopt 

EG that are applicable to existing solid 

waste incineration units. These EG are 

fully implemented when the EPA 

approves a state plan or adopts a 

Federal Plan that implements and 

enforces the EG. As discussed above, the 

Federal Plan regulates SSI in states that 

do not have approved plans in effect to 

implement the EG. 

Congress has determined that the 

primary responsibility for air pollution 

prevention and control rests with state 

and local agencies. (See section 

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

that overall determination, Congress 

established sections 111 and 129 of the 

CAA with the intent that the state and 

local agencies take the primary 

responsibility for ensuring that the 

emissions limitations and other 

requirements in the EG are achieved. 

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

Congress explicitly required that the 

EPA establish procedures that are 

similar to those under CAA section 

110(c) for state implementation plans. 

Although Congress required the EPA to 

propose and promulgate a Federal Plan 

for states that fail to submit approvable 

state plans on time, states may submit 

plans after promulgation of the SSI 

Federal Plan. The EPA strongly 

encourages states that are unable to 

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4 40 CFR 70.2, 70.6(a)(1), 71.2 and 71.6(a)(1). 

submit approvable plans to request 

delegation of the Federal Plan so that 

they can have primary responsibility for 

implementing the revised EG, consistent 

with the intent of Congress. 

Approved and effective state plans or 

delegation of the Federal Plan is the 

EPA’s preferred outcome because the 

EPA believes that state, tribal, and local 

agencies not only have the 

responsibility to carry out the revised 

EG, but also have the practical 

knowledge and enforcement resources 

critical to achieving the highest rate of 

compliance. It is generally preferable for 

the state and local agencies to be the 

implementing agency. For these reasons, 

the EPA will do all that it can to 

expedite delegation of the Federal Plan 

to state and local agencies, whenever 

possible, in cases where states are 

unable to develop and submit 

approvable state plans. 

B. Delegation of the Federal Plan and 

Retained Authorities 

If a state or tribe intends to take 

delegation of the Federal Plan, the state 

or tribe should submit to the 

appropriate EPA Regional Office a 

written request for delegation of 

authority. The state or tribe should 

explain how it meets the criteria for 

delegation. See generally ‘‘Good 

Practices Manual for Delegation of NSPS 

and NESHAP’’ (EPA, February 1983). 

The letter requesting delegation of 

authority to implement the Federal Plan 

should: 1. demonstrate that the state or 

tribe has adequate resources, as well as 

the legal and enforcement authority to 

administer and enforce the program, 2. 

include an inventory of affected SSI 

units, which includes those that have 

ceased operation, but have not been 

dismantled, include an inventory of the 

affected units’ air emissions and a 

provision for state progress reports to 

the EPA, 3. certify that a public hearing 

is held on the state delegation request, 

and 4. include a memorandum of 

agreement between the state or tribe and 

the EPA that sets forth the terms and 

conditions of the delegation, the 

effective date of the agreement and the 

mechanism to transfer authority. Upon 

signature of the agreement, the 

appropriate EPA Regional Office would 

publish an approval notice in the 

Federal Register, thereby incorporating 

the delegation of authority into the 

appropriate subpart of 40 CFR part 62. 

If authority is not delegated to a state 

or tribe, the EPA will implement the 

Federal Plan. Also, if a state or tribe fails 

to properly implement a delegated 

portion of the Federal Plan, the EPA 

will assume direct implementation and 

enforcement of that portion. The EPA 

will continue to hold enforcement 

authority along with the state or tribe 

even when a state or tribe has received 

delegation of the Federal Plan. In all 

cases where the Federal Plan is 

delegated, the EPA will retain and will 

not transfer authority to a state or tribe 

to approve the following items 

promulgated in the 2011 SSI rules: 

1. Alternatives to the emissions limits 

in Table 5 of this 

2. Approval of major alternatives to 

monitoring; 

3. Approval of major alternatives to 

recordkeeping and reporting; 

4. Alternative site-specific operating 

parameters established by facilities 

using controls other than a scrubber, 

ESP, afterburner, ACI or FF; 

5. Approval of operation of an SSI 

unit and receipt of status reports when 

a qualified operator is not accessible for 

2 weeks or more; and 

6. Performance test and data 

reduction waivers under 40 CFR 60.8(b). 

Today’s proposed Federal Plan also 

specifies that SSI owners or operators 

who wish to petition the agency for any 

alternative requirement should submit a 

request to the Regional Administrator 

with a copy sent to the appropriate 

state. 

C. Mechanisms for Transferring 

Authority 

There are two mechanisms for 

transferring implementation authority to 

state, tribal, and local agencies: 1. The 

EPA approval of a state plan after the 

Federal Plan is in effect; and 2. if a state 

does not submit or obtain approval of its 

own plan, the EPA delegation to a state 

of the authority to implement certain 

portions of this Federal Plan to the 

extent appropriate and if allowed by 

state law. Both of these options are 

described in more detail below. 

1. Federal Plan Becomes Effective Prior 

to Approval of a State Plan 

After SSI in a state become subject to 

the Federal Plan, the state or local 

agency may still adopt and submit a 

plan to the EPA. If the EPA determines 

that the state plan is as protective as the 

EG, the EPA will approve the state plan. 

If the EPA determines that the plan is 

not as protective as the EG, the EPA will 

partially approve or disapprove the plan 

(or portion of the plan) and the SSI 

covered in the state plan would remain 

subject to the Federal Plan until a state 

plan covering those SSI is approved and 

effective. Prior to disapproval, the EPA 

will work with states to attempt to 

reconcile areas of the plan that remain 

not as protective as the EG. 

Upon the effective date of a state plan, 

the Federal Plan would no longer apply 

to SSI covered by such a plan and the 

state or local agency would implement 

and enforce the state plan in lieu of the 

Federal Plan. When an EPA Regional 

Office approves a state plan, it will 

amend the appropriate subpart of 40 

CFR part 62 to indicate such approval. 

2. State Takes Delegation of the Federal 

Plan 

The EPA, in its discretion, may 

delegate to state agencies the authority 

to implement this Federal Plan. As 

discussed above, the EPA believes that 

it is advantageous and the best use of 

resources for state or local agencies to 

agree to undertake, on the EPA’s behalf, 

administrative and substantive roles in 

implementing the Federal Plan to the 

extent appropriate and where 

authorized by state law. If a state 

requests delegation, the EPA will 

generally delegate the entire Federal 

Plan to the state agency. These functions 

include administration and oversight of 

compliance reporting and recordkeeping 

requirements, SSI inspections and 

preparation of draft notices of violation, 

but will not include any authorities 

retained by the EPA. State agencies that 

have taken delegation, as well as the 

EPA, will have responsibility for 

bringing enforcement actions against 

sources violating Federal Plan 

provisions. 

D. Implementing Authority 

The EPA Regional Administrators 

have been delegated the authority for 

implementing the SSI Federal Plan. All 

reports required by the Federal Plan 

should be submitted to the appropriate 

Regional Administrator. Section II.C of 

this preamble includes Table 3 that lists 

names and addresses of the EPA 

Regional Office contacts and the states 

they cover. 

VIII. Title V Operating Permits 

All existing SSI units regulated under 

state or Federal Plans implementing the 

2011 EG must apply for and obtain a 

Title V permit. These Title V operating 

permits assure compliance with all 

applicable requirements for regulated 

SSI units, including all applicable CAA 

section 129 requirements.4

The permit application deadline for a 

CAA section 129 source applying for a 

Title V operating permit depends on 

when the source first becomes subject to 

the relevant Title V permits program. 

For example, if the SSI unit is an 

existing unit and is not subject to an 

earlier permit application deadline, the 

source must submit a complete Title V 

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5CAA Section 503(c) and 40 CFR 70.3(a) and (b), 

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

6See, e.g., the ‘‘Title V and Delegation of a 

Federal Plan’’ section of the proposed Federal Plan 

for Commercial Industrial Solid Waste Incinerators 

(CISWI), November 25, 2002 (67 FR 70640, 70652). 

The preamble language from this section in the 

proposed Federal Plan for CISWI was reaffirmed in 

the final Federal Plan for CISWI, October 3, 2003 

(68 FR 57518, 57535). 

7 If the Administrator chooses to retain certain 

authorities under a standard, those authorities 

cannot be delegated, e.g., alternative methods of 

demonstrating compliance. 

8The EPA interprets the phrase ‘‘assure 

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

that permitting authorities will implement and 

enforce each applicable standard, regulation or 

requirement which must be included in the Title V 

permits the permitting authorities issue. See 

definition of ‘‘applicable requirement’’ in 40 CFR 

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

9 It is important to note that an attorney general’s 

opinion submitted at the time of initial Title V 

program approval is sufficient if it demonstrates 

that a state or tribe has adequate authority to 

incorporate CAA section 111/129 requirements into 

its Title V permits and to implement and enforce 

these requirements through its Title V permits 

without delegation. 

permit application by the earliest of the 

following dates: 

• Twelve months after the effective 

date of any applicable EPA-approved 

CAA sections 111(d)/129 plan (i.e., 

approved state or tribal plan that 

implements the SSI EG); or 

• Twelve months after the effective 

date of any applicable Federal Plan; or 

• Thirty-six months after 

promulgation of 40 CFR part 60, subpart 

MMMM, i.e., March 21, 2014. 

For any existing SSI unit not subject 

to an earlier permit application 

deadline, the application deadline of 

March 21, 2014, applies regardless of 

whether or when any applicable Federal 

Plan is effective, or whether or when 

any applicable CAA sections 111(d)/129 

plan is approved by the EPA and 

becomes effective. (See CAA sections 

129(e), 503(c), 503(d), 502(a) and 40 

CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).) 

If the SSI unit is subject to Title V as 

a result of some triggering 

requirement(s) other than those 

mentioned above (for example, an SSI 

unit may be a major source or part of a 

major source), then the owner/operator 

of the source may be required to apply 

for a Title V permit prior to the 

deadlines specified above. If more than 

one requirement triggers a source’s 

obligation to apply for a Title V permit, 

the 12-month time frame for filing a 

Title V permit application is triggered 

by the requirement which first causes 

the source to be subject to Title V.5

For more background information on 

the interface between CAA section 129 

and Title V, including the EPA’s 

interpretation of CAA section 129(e), as 

well as information on submitting Title 

V permit applications, updating existing 

Title V permit applications and 

reopening existing Title V permits, see 

the final Federal Plan for Commercial 

and Industrial Solid Waste Incinerators, 

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

See also the final Federal Plan for 

Hospital Medical Infectious Waste 

Incinerators, August 15, 2000 (65 FR 

49868, 49877). 

A. Title V and Delegation of a Federal 

Plan 

As noted previously, issuance of a 

Title V permit is not equivalent to the 

approval of a state plan or delegation of 

a Federal Plan.6 Legally, delegation of a 

standard or requirement results in a 

delegated state or tribe standing in for 

the EPA as a matter of federal law. This 

means that obligations a source may 

have to the EPA under a federally 

promulgated standard become 

obligations to a state (except for 

functions that the EPA retains for itself) 

upon delegation.7 Although a state or 

tribe may have the authority under state 

or tribal law to incorporate section 111/ 

129 requirements into its Title V 

permits, and implement and enforce 

these requirements in these permits 

without first taking delegation of the 

section 111/129 Federal Plan, the state 

or tribe is not standing in for the EPA 

as a matter of federal law in this 

situation. Where a state or tribe does not 

take delegation of a section 111/129 

Federal Plan, obligations that a source 

has to the EPA under the Federal Plan 

continue after a Title V permit is issued 

to the source. As a result, the EPA 

continues to maintain that an approved 

part 70 operating permits program 

cannot be used as a mechanism to 

transfer the authority to implement and 

enforce the Federal Plan from the EPA 

to a state or tribe. 

As mentioned above, a state or tribe 

may have the authority under state or 

tribal law to incorporate CAA section 

111/129 requirements into its Title V 

permits, and implement and enforce 

these requirements in that context 

without first taking delegation of the 

CAA section 111/129 Federal Plan.8

Some states or tribes, however, may not 

be able to implement and enforce a CAA 

section 111/129 standard in a Title V 

permit under state or tribal law until the 

CAA section 111/129 standard has been 

delegated. In these situations, a state or 

tribe should not issue a 40 CFR part 70 

permit to a source subject to a Federal 

Plan before taking delegation of the 

section 111/129 Federal Plan. 

However, if a state or tribe can 

provide an Attorney General’s (AG’s) 

opinion delineating its authority to 

incorporate CAA section 111/129 

requirements into its Title V permits, 

and then implement and enforce these 

requirements through its Title V permits 

without first taking delegation of the 

requirements, then a state or tribe does 

not need to take delegation of the CAA 

section 111/129 requirements for 

purposes of Title V permitting.9 In 

practical terms, without approval of a 

state or tribal plan, delegation of a 

Federal Plan, or an adequate AG’s 

opinion, states and tribes with approved 

CFR 40 part 70 permitting programs 

open themselves up to potential 

questions regarding their authority to 

issue permits containing CAA section 

111/129 requirements and to assure 

compliance with these requirements. 

Such questions could lead to the 

issuance of a notice of deficiency for a 

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

As a result, prior to a state or tribal 

permitting authority drafting a part 70 

permit for a source subject to a CAA 

section 111/129 Federal Plan, the state 

or tribe, the EPA Regional Office and 

source in question are advised to ensure 

that delegation of the relevant Federal 

Plan has taken place or that the 

permitting authority has provided to the 

EPA Regional Office an adequate AG’s 

opinion. 

In addition, if a permitting authority 

chooses to rely on an AG’s opinion and 

not take delegation of a Federal Plan, a 

CAA section 111/129 source subject to 

the Federal Plan in that state must 

simultaneously submit to both the EPA 

and the state or tribe all reports required 

by the standard to be submitted to the 

EPA. Given that these reports are 

necessary to implement and enforce the 

CAA section 111/129 requirements 

when they have been included in Title 

V permits, the permitting authority 

needs to receive these reports at the 

same time as the EPA. 

In the situation where a permitting 

authority chooses to rely on an AG’s 

opinion and not take delegation of a 

Federal Plan, the EPA Regional Offices 

will be responsible for implementing 

and enforcing section CAA 111/129 

requirements outside of any Title V 

permits. Moreover, in this situation, the 

EPA Regional Offices will continue to 

be responsible for developing progress 

reports and conducting any other 

administrative functions required under 

this Federal Plan or any other section 

CAA 111/129 Federal Plan. See, e.g., 

section V.B of this preamble titled 

‘‘What are the proposed compliance 

schedules?’’. 

It is important to note that the EPA is 

not using its authority under 40 CFR 

part 70.4(i)(3) to request that all states 

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10Section, 76 FR 15372, March 21, 2011. 

and tribes which do not take delegation 

of this Federal Plan submit 

supplemental AG’s opinions at this 

time. However, the EPA Regional 

Offices shall request, and permitting 

authorities shall provide, such opinions 

when the EPA questions a state’s or 

tribe’s authority to incorporate CAA 

section 111/129 requirements into a 

Title V permit and implement and 

enforce these requirements in that 

context without delegation. 

IX. Statutory and Executive Order 

Reviews 

Additional information about the 

Statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action simply proposes the 

SSI Federal Plan to implement the EG 

adopted on March 21, 2011,10 for those 

states that do not have a state plan 

implementing the emission guidelines. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. Emissions guidelines for 

owners of existing sewage sludge 

incineration units were established by 

the March 21, 2011, final rule and that 

rule was certified as not having a 

significant economic impact on a 

substantial number of small entities. 

This action merely establishes a Federal 

Plan to implement and enforce those 

requirements in those states that do not 

have their own EPA-approved state plan 

for implementing and enforcing the 

requirements. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

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

1531–1538, and does not significantly or 

uniquely affect small governments. 

Therefore, this action imposes no 

enforceable duty or any state, local or 

tribal government or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. The EPA is not aware of 

any SSI owned or operated by Indian 

tribal governments. Thus, Executive 

Order 13175 does not apply to this 

proposed action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying to those regulatory 

actions that concern health or safety 

risks, that EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Orders 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action involves technical 

standards that are reasonably available 

and already widely used by industries 

and regulated parties. The EPA proposes 

to use ANSI/ASME PTC 19.10–1981, 

‘‘Flue and Exhaust Gas Analyses,’’ for 

its manual methods of measuring the 

oxygen or carbon dioxide content of the 

exhaust gas. These parts of ASME PTC 

19.10–1981 are acceptable alternatives 

to EPA Methods 6, 7 for the manual 

procedures only. This standard is 

available from the ASME, Three Park 

Avenue, New York, NY 10016–5990. 

Another voluntary consensus 

standards (VCS), ASTM D6784–02 

(Reapproved 2008), ‘‘Standard Test 

Method for Elemental, Oxidized, 

Particle-Bound and Total Mercury Gas 

Generated from Coal-Fired Stationary 

Sources (Ontario Hydro Method)’’ is an 

acceptable alternative to Method 29 and 

30B. The EPA has also decided to use 

EPA Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, 

l0B, 22, 23, 26A, 29 and 30B. No VCS 

were found for EPA Method 9 and 22. 

While the EPA has identified 23 VCS 

as being potentially applicable to the 

proposed rule, we have decided not to 

use these VCS in this rulemaking. The 

use of these VCS would be impractical 

because they do not meet the objectives 

of the standards cited in this proposed 

rule. See the docket for the 2011 EG 

(Docket ID No. EPA–HQ–OAR–2009– 

0539), which is being implemented 

under today’s proposed action, for the 

reason for these determinations. 

Under 40 CFR 62.16050, the EPA 

Administrator retains the authority of 

approving alternate methods of 

demonstrating compliance as 

established under 40 CFR 60.8(b) and 

60.13(i), subpart A (NSPS General 

Provisions). A source may apply to the 

EPA for permission to use alternative 

test methods or alternative monitoring 

requirements in place of any required 

EPA test methods, performance 

specifications or procedures. 

The EPA solicits comments on this 

aspect of the proposed rulemaking and, 

specifically, invites the public to 

identify potentially-applicable VCS and 

to explain why such standards should 

be used in this regulation. 

J. Environmental Justice Considerations 

An analysis of demographic data was 

conducted for this rulemaking. This 

analysis showed that the average of 

populations in close proximity to the 

sources, and thus most likely to be 

effected by the sources, were similar in 

demographic composition to national 

averages. The results of the 

demographic analysis are presented in 

‘‘Review of Environmental Justice 

Impacts,’’ June 2010, a copy of which is 

available in the SSI docket (EPA–HQ– 

OAR–2009–0559). 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This proposed action 

implements national standards in the 

2011 EG that would result in reduction 

in emissions of many of the listed HAP 

emitted from this source. This includes 

emissions of Cd, HCl, Pb, and Hg. Other 

emissions reductions include reductions 

of criteria pollutants such as CO, NOX, 

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PM and PM2.5 and SO2. Sulfur dioxide 

and NOX are precursors for the 

formation of PM2.5 and NOX is a 

precursor for ozone. Reducing these 

emissions will decrease the amount of 

such pollutants to which all affected 

populations are exposed. 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: April 7, 2015. 

Gina McCarthy, 

Administrator. 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

For the reasons stated in the 

preamble, Title 40, chapter I, part 62 of 

the Code of Federal Regulations (CFR) is 

proposed to be amended as follows: 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

■ 2. Part 62 is amended by adding 

subpart LLL to read as follows: 

Subpart LLL—Federal Plan 

Requirements for Sewage Sludge 

Incineration Units Constructed on or 

Before October 14, 2010 

Table of Contents 

Sec. 

Applicability 

62.15855 Am I subject to this subpart? 

62.15860 What SSI units are exempt from 

the Federal Plan? 

62.15865 How do I determine if my SSI is 

covered by an approved and effective 

State or Tribal plan? 

62.15870 If my SSI is not listed on the 

Federal Plan inventory, am I exempt 

from this subpart? 

Compliance Schedules 

62.15875 What is my final compliance 

date? 

62.15880 When must I complete each 

increment of progress? 

62.15885 What must I include in the 

notifications of achievement of 

increments of progress? 

62.15890 When must I submit the 

notifications of achievement of 

increments of progress? 

62.15895 What if I do not meet an 

increment of progress? 

62.15900 How do I comply with the 

increment of progress for submittal of a 

control plan? 

62.15905 How do I comply with the 

increment of progress for achieving final 

compliance? 

62.15910 What must I do if I close my SSI 

unit and then restart it? 

62.15915 What must I do if I plan to 

permanently close my SSI unit and not 

restart it? 

Operator Training and Qualification 

62.15920 What are the operator training and 

qualification requirements? 

62.15925 When must the operator training 

course be completed? 

62.15930 How do I obtain my operator 

qualification? 

62.15935 How do I maintain my operator 

qualification? 

62.15940 How do I renew my lapsed 

operator qualification? 

62.15945 What if all the qualified operators 

are temporarily not accessible? 

62.15950 What site-specific documentation 

is required and how often must it be 

reviewed by qualified operators and 

plant personnel? 

Emission Limits, Emission Standards and 

Operating Limits and Requirements 

62.15955 What emission limits and 

standards must I meet and by when? 

62.15960 What operating limits and 

requirements must I meet and by when? 

62.15965 How do I establish operating 

limits if I do not use a wet scrubber, 

fabric filter, electrostatic precipitator, 

activated carbon injection, or 

afterburner, or if I limit emissions in 

some other manner, to comply with the 

emission limits? 

62.15970 Do the emission limits, emission 

standards, and operating limits apply 

during periods of startup, shutdown, and 

malfunction? 

62.15975 [Reserved] 

Initial Compliance Requirements 

62.15980 How and when do I demonstrate 

initial compliance with the emission 

limits and standards? 

62.15985 How do I establish my operating 

limits? 

62.15990 By what date must I conduct the 

initial air pollution control device 

inspection and make any necessary 

repairs? 

62.15995 How do I develop a site-specific 

monitoring plan for my continuous 

monitoring, bag leak detection, and ash 

handling systems, and by what date must 

I conduct an initial performance 

evaluation? 

Continuous Compliance Requirements 

62.16000 How and when do I demonstrate 

continuous compliance with the 

emission limits and standards? 

62.16005 How do I demonstrate continuous 

compliance with my operating limits? 

62.16010 By what date must I conduct 

annual air pollution control device 

inspections and make any necessary 

repairs? 

Performance Testing, Monitoring, and 

Calibration Requirements 

62.16015 What are the performance testing, 

monitoring, and calibration requirements 

for compliance with the emission limits 

and standards? 

62.16020 What are the monitoring and 

calibration requirements for compliance 

with my operating limits? 

Recordkeeping and Reporting 

62.16025 What records must I keep? 

62.16030 What reports must I submit? 

Title V Operating Permits 

62.16035 Am I required to apply for and 

obtain a Title V operating permit for my 

existing SSI unit? 

62.16040 When must I submit a title V 

permit application for my existing SSI 

unit? 

Definitions 

62.16045 What definitions must I know? 

Delegation of Authority 

62.16050 What authorities will be retained 

by the EPA Administrator? 

Applicability 

§ 62.15855 Am I subject to this subpart? 

(a) You are subject to this subpart if 

your SSI unit meets all three criteria 

described in paragraphs (a)(1) through 

(3) of this section. 

(1) You own or operate an SSI unit(s) 

that commenced construction on or 

before October 14, 2010. 

(2) You own or operate an SSI unit(s) 

that meet the definition of an SSI unit 

as defined in § 62.16045. 

(3) You own or operate an SSI unit(s) 

not exempt under § 62.15860. 

(b) If you own or operator an SSI 

unit(s) and make changes that meet the 

definition of modification after 

September 21, 2011, the SSI unit 

becomes subject to 40 CFR part 60 

subpart LLLL and the Federal Plan no 

longer applies to that unit. 

(c) If you own or operate an SSI 

unit(s) and make physical or operational 

changes to the SSI unit(s) for which 

construction commenced on or before 

September 21, 2011 primarily to comply 

with the Federal Plan, 40 CFR part 60, 

subpart LLLL does not apply to the 

unit(s). Such changes do not qualify as 

modifications under 40 CFR part 60, 

subpart LLLL. 

§ 62.15860 What SSI units are exempt from 

the Federal Plan? 

This subpart exempts combustion 

units that incinerate sewage sludge and 

are not located at a wastewater 

treatment facility designed to treat 

domestic sewage sludge. These units 

may be subject to another subpart of this 

part (e.g., subpart III of this part). If you 

own or operate such a combustion unit, 

you must notify the Administrator of an 

exemption claim under this section. 

§ 62.15865 How do I determine if my SSI is 

covered by an approved and effective State 

or Tribal plan? 

This part (40 CFR part 62) contains a 

list of all states and tribal areas with 

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approved Clean Air Act (CAA) section 

111(d)/129 plans in effect. However, 

this part is only updated once a year. 

Thus, if this part does not indicate that 

your state or tribal area has an approved 

and effective plan, you should contact 

your state environmental agency’s air 

director or your EPA Regional Office to 

determine if approval occurred since 

publication of the most recent version of 

this part. A state may also meet its CAA 

section 111(d)/129 obligations by 

submitting an acceptable written request 

for delegation of the Federal Plan that 

meets the requirements of this section. 

This is the only other option for a state 

to meet its 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 §§ 60.5015(a)(1), 

(2), and (7). 

(3) Certification that the hearing on 

the state delegation request, similar to 

the hearing for a state plan submittal, 

was held, a list of witnesses and their 

organizational affiliations, if any, 

appearing at the hearing, and a brief 

written summary of each presentation or 

written submission. 

(4) A commitment to enter into a 

Memorandum of Agreement with the 

Regional Administrator who sets forth 

the terms, conditions and effective date 

of the delegation and that serves as the 

mechanism for the transfer of authority. 

Additional guidance and information is 

given in the EPA’s ‘‘Delegations Manual, 

Item 7–139, Implementation and 

Enforcement of 111(d)(2) and 111(d)(2)/ 

129(b)(3) Federal Plans.’’ 

(b) A state with an already approved 

SSI CAA section 111(d)/129 state plan 

is not precluded from receiving EPA 

approval of a delegation request for the 

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 the EPA’s 

previous state plan approval. 

(c) A state’s CAA section 111(d)/129 

obligations are separate from its 

obligations under Title V of the CAA. 

§ 62.15870 If my SSI is not listed on the 

Federal Plan inventory, am I exempt from 

this subpart? 

Not necessarily. Sources subject to 

this subpart include, but are not limited 

to, the inventory of sources listed in 

Docket ID Number EPA–HQ–OAR– 

2012–0319 for the Federal Plan. Review 

the applicability of § 62.15855 to 

determine if you are subject to this 

subpart. 

Compliance Schedules 

§ 62.15875 What is my final compliance 

date? 

You must achieve final compliance 

specified by the dates in paragraphs (a) 

or (b) of this section: 

(a) [DATE 1 YEAR FROM DATE OF 

PUBLICATION OF THE FINAL RULE IN 

THE Federal Register]. 

(b) If you plan to achieve compliance 

more than 1 year following [DATE 1 

YEAR FROM DATE OF PUBLICATION 

OF THE FINAL RULE IN THE Federal 

Register], you must meet the two 

increments of progress specified in 

paragraphs (b)(1) and (2) of this section: 

(1) Submit a final control plan; and 

(2) Achieve final compliance. 

§ 62.15880 When must I complete each 

increment of progress? 

Table 1 to this subpart specifies 

compliance dates for each increment of 

progress. 

§ 62.15885 What must I include in the 

notifications of achievement of increments 

of progress? 

Your notification of achievement of 

increments of progress must include the 

three items specified in paragraphs (a) 

through (c) of this section: 

(a) Notification that the increment of 

progress has been achieved; 

(b) Any items required to be 

submitted with each increment of 

progress; and 

(c) Signature of the owner or operator 

of the SSI unit. 

§ 62.15890 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. 

§ 62.15895 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 to 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. 

§ 62.15900 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 to 

your EPA Regional Office and 

permitting authority or delegated 

authority that includes the four items 

described in paragraphs (a)(1) through 

(4) 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 limits and standards and other 

requirements of this subpart; 

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

if waste other than sewage sludge is 

burned in the unit; 

(3) The maximum design sewage 

sludge burning capacity; and 

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

§ 62.15965. 

(b) Maintain an onsite copy of the 

final control plan. 

§ 62.15905 How do I comply with the 

increment of progress for achieving final 

compliance? 

For the final compliance increment of 

progress, you must complete all process 

changes and retrofit construction of 

control devices, as specified in the final 

control plan, so that, if the affected SSI 

unit is brought online, all necessary 

process changes and air pollution 

control devices would operate as 

designed. 

§ 62.15910 What must I do if I close my SSI 

unit and then restart it? 

(a) If you close your SSI unit but will 

restart it prior to the final compliance 

date in your state plan, you must meet 

the increments of progress specified in 

§ 62.15875. 

(b) If you close your SSI unit but will 

restart it after your final compliance 

date, you must complete emission 

control retrofits and meet the emission 

limits, emission standards, and 

operating limits on the date your unit 

restarts operation. 

§ 62.15915 What must I do if I plan to 

permanently close my SSI unit and not 

restart it? 

If you plan to close your SSI unit 

rather than comply with the Federal 

Plan, submit a closure notification, 

including the date of closure, to the 

Administrator by the date your final 

control plan is due. 

Operator Training and Qualification 

§ 62.15920 What are the operator training 

and qualification requirements? 

(a) AN SSI unit cannot be operated 

unless a fully trained and qualified SSI 

unit operator is accessible, either at the 

facility or can be at the facility within 

1 hour. The trained and qualified SSI 

unit operator may operate the SSI unit 

directly or be the direct supervisor of 

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one or more other plant personnel who 

operate the unit. If all qualified SSI unit 

operators are temporarily not accessible, 

you must follow the procedures in 

§ 62.15945. 

(b) Operator training and qualification 

must be obtained through a stateapproved program or by completing the 

requirements included in paragraph (c) 

of this section. 

(c) Training must be obtained by 

completing an incinerator operator 

training course that includes, at a 

minimum, the three elements described 

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

section: 

(1) Training on the 10 subjects listed 

in paragraphs (c)(1)(i) through (x) of this 

section: 

(i) Environmental concerns, including 

types of emissions; 

(ii) Basic combustion principles, 

including products of combustion; 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, sewage sludge 

feeding 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 malfunctions 

or to prevent conditions that may lead 

to malfunctions; 

(viii) Bottom and fly ash 

characteristics and handling procedures; 

(ix) Applicable federal, state and local 

regulations, including Occupational 

Safety and Health Administration 

workplace standards; and 

(x) Pollution prevention. 

(2) An examination designed and 

administered by the state-approved 

program or instructor administering the 

subjects in paragraph(c)(1) of this 

section. 

(3) Written material covering the 

training course topics that may serve as 

reference material following completion 

of the course. 

§ 62.15925 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 your SSI unit 

startup; and 

(c) Six months after an employee 

assumes responsibility for operating the 

SSI unit or assumes responsibility for 

supervising the operation of the SSI 

unit. 

§ 62.15930 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 62.15920(b). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 62.15920(c)(2). 

§ 62.15935 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, 

sewage sludge feeding and ash 

handling; 

(c) Inspection and maintenance; 

(d) Prevention of malfunctions or 

conditions that may lead to 

malfunction; and 

(e) Discussion of operating problems 

encountered by attendees. 

§ 62.15940 How do I renew my lapsed 

operator qualification? 

You must renew a lapsed operator 

qualification before you begin operation 

of an SSI unit by one of the two 

methods specified in paragraphs (a) and 

(b) of this section: 

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

you must complete a standard annual 

refresher course described in 

§ 62.15935; and 

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

must repeat the initial qualification 

requirements in § 62.15920. 

§ 62.15945 What if all the qualified 

operators are temporarily not accessible? 

If a qualified operator is not at the 

facility and cannot be at the facility 

within 1 hour, you must meet the 

criteria specified in either paragraph (a) 

or (b) of this section, depending on the 

length of time that a qualified operator 

is not accessible: 

(a) When a qualified operator is not 

accessible for more than 8 hours, the SSI 

unit may be operated for less than 2 

weeks by other plant personnel who are 

familiar with the operation of the SSI 

unit and who have completed a review 

of the information specified in 

§ 62.15950 within the past 12 months. 

However, you must record the period 

when a qualified operator was not 

accessible and include this deviation in 

the annual report as specified under 

§ 62.16030(c). 

(b) When a qualified operator is not 

accessible for 2 weeks or more, you 

must take the two actions that are 

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

this section: 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

and when you anticipate that a qualified 

operator will be accessible; and 

(2) Submit a status report to the 

Administrator every 4 weeks outlining 

what you are doing to ensure that a 

qualified operator is accessible, stating 

when you anticipate that a qualified 

operator will be accessible and 

requesting approval from the 

Administrator to continue operation of 

the SSI 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: 

(i) If the Administrator notifies you 

that your request to continue operation 

of the SSI unit is disapproved, the SSI 

unit may continue operation for 30 days 

and then must cease operation; and 

(ii) Operation of the unit may resume 

if a qualified operator is accessible as 

required under § 62.15920(a). You must 

notify the Administrator within 5 days 

of having resumed operations and of 

having a qualified operator accessible. 

§ 62.15950 What site-specific 

documentation is required and how often 

must it be reviewed by qualified operators 

and plant personnel? 

(a) You must maintain at the facility 

the documentation of the operator 

training procedures specified under 

§ 62.15920(c)(1) and make the 

documentation readily accessible to all 

SSI unit operators. 

(b) You must establish a program for 

reviewing the information listed in 

§ 62.15920(c)(1) with each qualified 

incinerator operator and other plant 

personnel who may operate the unit 

according to the provisions of 

§ 62.15945(a), according to the following 

schedule: 

(1) The initial review of the 

information listed in § 62.15920(c)(1) 

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 SSI 

unit, whichever date is later; and 

(2) Subsequent annual reviews of the 

information listed in § 62.15920(c)(1) 

must be conducted no later than 12 

months following the previous review. 

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Emission Limits, Emission Standards, 

and Operating Limits and 

Requirements 

§ 62.15955 What emission limits and 

standards must I meet and by when? 

You must meet the emission limits 

and standards specified in Table 2 or 3 

to this subpart by the final compliance 

date specified in § 62.15880. The 

emission limits and standards apply at 

all times the unit is operating and 

during periods of malfunction. The 

emission limits and standards apply to 

emissions from a bypass stack or vent 

while sewage sludge is in the 

combustion chamber (i.e., until the 

sewage sludge feed to the combustor has 

been cut off for a period of time not less 

than the sewage sludge incineration 

residence time). 

§ 62.15960 What operating limits and 

requirements must I meet and by when? 

You must meet, as applicable, the 

operating limits and requirements 

specified in paragraphs (a) through (d) 

and (h) of this section, according to the 

schedule specified in paragraph (e) of 

this section. The operating parameters 

for which you will establish operating 

limits for a wet scrubber, fabric filter, 

electrostatic precipitator or activated 

carbon injection are listed in Table 4 to 

this subpart. You must comply with the 

operating requirements in paragraph (f) 

of this section and the requirements in 

paragraph (g) of this section for meeting 

any new operating limits, re-established 

in § 62.16005. The operating limits 

apply at all times that sewage sludge is 

in the combustion chamber (i.e., until 

the sewage sludge feed to the combustor 

has been cut off for a period of time not 

less than the sewage sludge incineration 

residence time): 

(a) You must meet a site-specific 

operating limit for minimum operating 

temperature of the combustion chamber 

(or afterburner combustion chamber) 

that you establish in § 62.15985; 

(b) If you use a wet scrubber, 

electrostatic precipitator, activated 

carbon injection or afterburner to 

comply with an emission limit, you 

must meet the site-specific operating 

limits that you establish in § 62.15985 

for each operating parameter associated 

with each air pollution control device; 

(c) If you use a fabric filter to comply 

with the emission limits, you must 

install the bag leak detection system 

specified in §§ 62.15995(b) and 

62.16020(b)(3)(i) and operate the bag 

leak detection system such that the 

alarm does not sound more than 5 

percent of the operating time during a 

6-month period. You must calculate the 

alarm time as specified in 

§ 62.16005(a)(2)(i); 

(d) You must meet the operating 

requirements in your site-specific 

fugitive emission monitoring plan, 

submitted as specified in § 62.15995(d) 

to ensure that your ash handling system 

will meet the emission standard for 

fugitive emissions from ash handling; 

(e) You must meet the operating limits 

and requirements specified in 

paragraphs (a) through (d) of this section 

by the final compliance date specified 

in § 62.15880; 

(f) You must monitor the feed rate and 

moisture content of the sewage sludge 

fed to the sewage sludge incinerator, as 

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

this section: 

(1) Continuously monitor the sewage 

sludge feed rate and calculate a daily 

average for all hours of operation during 

each 24-hour period. Keep a record of 

the daily average feed rate, as specified 

in § 62.16025(f)(3)(ii); and 

(2) Take at least one grab sample per 

day of the sewage sludge fed to the 

sewage sludge incinerator. If you take 

more than one grab sample in a day, 

calculate the daily average for the grab 

samples. Keep a record of the daily 

average moisture content, as specified in 

§ 62.16025(f)(3)(ii). 

(g) For the operating limits and 

requirements specified in paragraphs (a) 

through (d) and (h) of this section, you 

must meet any new operating limits and 

requirements, re-established according 

to § 62.16005(d)); and 

(h) If you use an air pollution control 

device other than a wet scrubber, fabric 

filter, electrostatic precipitator or 

activated carbon injection to comply 

with the emission limits in Table 2 or 

3 to this subpart, you must meet any 

site-specific operating limits or 

requirements that you establish as 

required in § 62.15965. 

§ 62.15965 How do I establish operating 

limits if I do not use a wet scrubber, fabric 

filter, electrostatic precipitator, activated 

carbon injection, or afterburner, or if I limit 

emissions in some other manner, to comply 

with the emission limits? 

If you use an air pollution control 

device other than a wet scrubber, fabric 

filter, electrostatic precipitator, 

activated carbon injection, or 

afterburner, or limit emissions in some 

other manner (e.g., materials balance) to 

comply with the emission limits in 

§ 62.15955, you must meet the 

requirements in paragraphs (a) and (b) 

of this section: 

(a) Meet the applicable operating 

limits and requirements in § 60.4850, 

and establish applicable operating limits 

according to § 62.15985; and 

(b) Petition the Administrator for 

specific operating parameters, operating 

limits, and averaging periods to be 

established during the initial 

performance test and to be monitored 

continuously thereafter. 

(1) You are responsible for submitting 

any supporting information in a timely 

manner to enable the Administrator to 

consider the application prior to the 

performance test. You must not conduct 

the initial performance test until after 

the petition has been approved by the 

Administrator, and you must comply 

with the operating limits as written, 

pending approval by the Administrator. 

Neither submittal of an application, nor 

the Administrator’s failure to approve or 

disapprove the application relieves you 

of the responsibility to comply with any 

provision of this subpart; 

(2) Your petition must include the 

five items listed in paragraphs (b)(2)(i) 

through(v) of this section: 

(i) Identification of the specific 

parameters you propose to monitor; 

(ii) A discussion of the relationship 

between these parameters and emissions 

of regulated pollutants, identifying how 

emissions of regulated pollutants 

change with changes in these 

parameters, and how limits on these 

parameters will serve to limit emissions 

of regulated pollutants; 

(iii) A discussion of how you will 

establish the upper and/or lower values 

for these parameters that will establish 

the operating limits on these 

parameters, including a discussion of 

the averaging periods associated with 

those parameters for determining 

compliance; 

(iv) 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; and 

(v) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

§ 62.15970 Do the emission limits, 

emission standards, and operating limits 

apply during periods of startup, shutdown 

and malfunction? 

The emission limits and standards 

apply at all times and during periods of 

malfunction. The operating limits apply 

at all times that sewage sludge is in the 

combustion chamber (i.e., until the 

sewage sludge feed to the combustor has 

been cut off for a period of time not less 

than the sewage sludge incineration 

residence time). For determining 

compliance with the CO concentration 

limit using CO CEMS, the correction to 

7 percent oxygen does not apply during 

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periods of startup or shutdown. Use the 

measured CO concentration without 

correcting for oxygen concentration in 

averaging with other CO concentrations 

(corrected to 7 percent O2) to determine 

the 24-hour average value. 

§ 62.15975 [Reserved] 

Initial Compliance Requirements 

§ 62.15980 How and when do I 

demonstrate initial compliance with the 

emission limits and standards? 

To demonstrate initial compliance 

with the emission limits and standards 

in Table 2 or 3 to this subpart, use the 

procedures specified in paragraph (a) of 

this section. In lieu of using the 

procedures specified in paragraph (a) of 

this section, you have the option to 

demonstrate initial compliance using 

the procedures specified in paragraph 

(b) of this section for particulate matter, 

hydrogen chloride, carbon monoxide, 

dioxins/furans (total mass basis or toxic 

equivalency basis), mercury, nitrogen 

oxides, sulfur dioxide, cadmium, lead 

and fugitive emissions from ash 

handling. You must meet the 

requirements of paragraphs (a) and (b) of 

this section, as applicable, and 

paragraphs (c) through (e) of this 

section, according to the performance 

testing, monitoring, and calibration 

requirements in § 62.16015(a) and (b). 

(a) Demonstrate initial compliance 

using the performance test required in 

§ 60.8. You must demonstrate that your 

SSI unit meets the emission limits and 

standards specified in Table 2 or 3 to 

this subpart for particulate matter, 

hydrogen chloride, carbon monoxide, 

dioxins/furans (total mass basis or toxic 

equivalency basis), mercury, nitrogen 

oxides, sulfur dioxide, cadmium, lead 

and fugitive emissions from ash 

handling using the performance test. 

The initial performance test must be 

conducted using the test methods, 

averaging methods, and minimum 

sampling volumes or durations 

specified in Table 2 or 3 to this subpart 

and according to the testing, monitoring, 

and calibration requirements specified 

in § 62.16015(a). 

(1) Except as provided in paragraph 

(e) of this section, you must demonstrate 

that your SSI unit meets the emission 

limits and standards specified in Table 

2 or 3 to this subpart by the final 

compliance date (see Table 1 to this 

subpart). 

(2) You may use the results from a 

performance test conducted within the 

2 previous years that was conducted 

under the same conditions and 

demonstrated compliance with the 

emission limits and standards in Table 

2 or 3 to this subpart, provided no 

process changes have been made since 

you conducted that performance test. 

However, you must continue to meet the 

operating limits established during the 

most recent performance test that 

demonstrated compliance with the 

emission limits and standards in Table 

2 or 3 to this subpart. The performance 

test must have used the test methods 

specified in Table 2 or 3 to this subpart. 

(b) Demonstrate initial compliance 

using a continuous emissions 

monitoring system or continuous 

automated sampling system. The option 

to use a continuous emissions 

monitoring system for hydrogen 

chloride, dioxins/furans, cadmium, or 

lead takes effect on the date a final 

performance specification applicable to 

hydrogen chloride, dioxins/furans, 

cadmium or lead is published in the 

Federal Register. The option to use a 

continuous automated sampling system 

for dioxins/furans takes effect on the 

date a final performance specification 

for such a continuous automated 

sampling system is published in the 

Federal Register. Collect data as 

specified in § 62.16015(b)(6) and use the 

following procedures: 

(1) To demonstrate initial compliance 

with the emission limits specified in 

Table 2 or 3 to this subpart for 

particulate matter, hydrogen chloride, 

carbon monoxide, dioxins/furans (total 

mass basis or toxic equivalency basis), 

mercury, nitrogen oxides, sulfur 

dioxide, cadmium and lead, you may 

substitute the use of a continuous 

monitoring system in lieu of conducting 

the initial performance test required in 

paragraph (a) of this section, as follows: 

(i) You may substitute the use of a 

continuous emissions monitoring 

system for any pollutant specified in 

paragraph (b)(1) of this section in lieu of 

conducting the initial performance test 

for that pollutant in paragraph (a) of this 

section. For determining compliance 

with the carbon monoxide 

concentration limit using carbon 

monoxide CEMS, the correction to 7 

percent oxygen does not apply during 

periods of startup or shutdown. Use the 

measured carbon monoxide 

concentration without correcting for 

oxygen concentration in averaging with 

other carbon monoxide concentrations 

(corrected to 7 percent oxygen) to 

determine the 24-hour average value. 

(ii) You may substitute the use of a 

continuous automated sampling system 

for mercury or dioxins/furans in lieu of 

conducting the annual mercury or 

dioxin/furan performance test in 

paragraph (a) of this section. 

(2) If you use a continuous emissions 

monitoring system to demonstrate 

compliance with an applicable emission 

limit in Table 2 or 3 to this subpart, as 

described in paragraph (b)(1) of this 

section, you must use the continuous 

emissions monitoring system and follow 

the requirements specified in 

§ 62.16015(b). You must measure 

emissions according to § 60.13 to 

calculate 1-hour arithmetic averages, 

corrected to 7 percent oxygen (or carbon 

dioxide). You must demonstrate initial 

compliance using a 24-hour block 

average of these 1-hour arithmetic 

average emission concentrations, 

calculated using Equation 19–19 in 

section 12.4.1 of Method 19 of 40 CFR 

part 60, appendix A–7. 

(3) If you use a continuous automated 

sampling system to demonstrate 

compliance with an applicable emission 

limit in Table 2 or 3 to this subpart, as 

described in paragraph (b)(1) of this 

section, you must: 

(i) Use the continuous automated 

sampling system specified in § 60.58b(p) 

and (q), and measure and calculate 

average emissions corrected to 7 percent 

oxygen (or carbon dioxide) according to 

§ 60.58b(p) and your monitoring plan. 

(A) Use the procedures specified in 

§ 60.58b(p) to calculate 24-hour block 

averages to determine compliance with 

the mercury emission limit in Table 2 or 

3 to this subpart. 

(B) Use the procedures specified in 

§ 60.58b(p) to calculate 2-week block 

averages to determine compliance with 

the dioxin/furan (total mass basis or 

toxic equivalency basis) emission limit 

in Table 2 or 3 to this subpart. 

(ii) Comply with the provisions in 

§ 60.58b(q) to develop a monitoring 

plan. For mercury continuous 

automated sampling systems, you must 

use Performance Specification 12B of 

appendix B of part 75 and Procedure 5 

of appendix F of part 60. 

(4) Except as provided in paragraph 

(e) of this section, you must complete 

your initial performance evaluations 

required under your monitoring plan for 

any continuous emissions monitoring 

systems and continuous automated 

sampling systems by the final 

compliance date (see Table 1 to this 

subpart). Your performance evaluation 

must be conducted using the procedures 

and acceptance criteria specified in 

§ 62.15995(a)(3). 

(c) To demonstrate initial compliance 

with the dioxins/furans toxic 

equivalency emission limit in Table 2 or 

3 to this subpart, determine dioxins/

furans toxic equivalency as follows: 

(1) Measure the concentration of each 

dioxin/furan tetra- through 

octachlorinated-isomer emitted using 

EPA Method 23 at 40 CFR part 60, 

appendix A–7. 

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(2) Multiply the concentration of each 

dioxin/furan (tetra- through octachlorinated) isomer by its corresponding 

toxic equivalency factor specified in 

Table 5 to this subpart. 

(3) Sum the products calculated in 

accordance with paragraph (c)(2) of this 

section to obtain the total concentration 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(d) Submit an initial compliance 

report, as specified in § 62.16030(b). 

(e) If you demonstrate initial 

compliance using the performance test 

specified in paragraph (a) of this 

section, then the provisions of this 

paragraph (e) apply. If a force majeure 

is about to occur, occurs or has occurred 

for which you intend to assert a claim 

of force majeure, you must notify the 

Administrator in writing as specified in 

§ 62.16030(f). You must conduct the 

initial performance test as soon as 

practicable after the force majeure 

occurs. The Administrator will 

determine whether or not to grant the 

extension to the initial performance test 

deadline and will notify you in writing 

of approval or disapproval of the request 

for an extension as soon as practicable. 

Until an extension of the performance 

test deadline has been approved by the 

Administrator, you remain strictly 

subject to the requirements of this 

subpart. 

§ 62.15985 How do I establish my 

operating limits? 

(a) You must establish the sitespecific operating limits specified in 

paragraphs (b) through (h) of this 

section or established in § 62.15965, as 

applicable, during your initial 

performance tests required in 

§ 62.15980. You must meet the 

requirements in § 62.16005(d) to 

confirm these operating limits or reestablish new operating limits using 

operating data recorded during any 

performance tests or performance 

evaluations required in § 62.16000. You 

must follow the data measurement and 

recording frequencies and data 

averaging times specified in Table 4 to 

this subpart or as established in 

§ 62.15965, and you must follow the 

testing, monitoring and calibration 

requirements specified in §§ 62.16015 

and 62.16020 or established in 

§ 62.15965. You are not required to 

establish operating limits for the 

operating parameters listed in Table 4 to 

this subpart for a control device if you 

use a continuous monitoring system to 

demonstrate compliance with the 

emission limits in Table 2 or 3 to this 

subpart for the applicable pollutants, as 

follows: 

(1) For a scrubber designed to control 

emissions of hydrogen chloride or sulfur 

dioxide, you are not required to 

establish an operating limit and monitor 

scrubber liquid flow rate or scrubber 

liquid pH if you use the continuous 

monitoring system specified in 

§§ 60.4865(b) and 60.4885(b) to 

demonstrate compliance with the 

emission limit for hydrogen chloride or 

sulfur dioxide. 

(2) For a scrubber designed to control 

emissions of particulate matter, 

cadmium and lead, you are not required 

to establish an operating limit and 

monitor pressure drop across the 

scrubber or scrubber liquid flow rate if 

you use the continuous monitoring 

system specified in §§ 60.4865(b) and 

60.4885(b) to demonstrate compliance 

with the emission limit for particulate 

matter, cadmium and lead. 

(3) For an electrostatic precipitator 

designed to control emissions of 

particulate matter, cadmium and lead, 

you are not required to establish an 

operating limit and monitor secondary 

voltage of the collection plates, 

secondary amperage of the collection 

plates or effluent water flow rate at the 

outlet of the electrostatic precipitator if 

you use the continuous monitoring 

system specified in §§ 60.4865(b) and 

60.4885(b) to demonstrate compliance 

with the emission limit for particulate 

matter, lead and cadmium. 

(4) For an activated carbon injection 

system designed to control emissions of 

mercury, you are not required to 

establish an operating limit and monitor 

sorbent injection rate and carrier gas 

flow rate (or carrier gas pressure drop) 

if you use the continuous monitoring 

system specified in §§ 60.4865(b) and 

60.4885(b) to demonstrate compliance 

with the emission limit for mercury. 

(5) For an activated carbon injection 

system designed to control emissions of 

dioxins/furans, you are not required to 

establish an operating limit and monitor 

sorbent injection rate and carrier gas 

flow rate (or carrier gas pressure drop) 

if you use the continuous monitoring 

system specified in §§ 60.4865(b) and 

60.4885(b) to demonstrate compliance 

with the emission limit for dioxins/

furans (total mass basis or toxic 

equivalency basis). 

(b) Minimum pressure drop across 

each wet scrubber used to meet the 

particulate matter, lead and cadmium 

emission limits in Table 2 or 3 to this 

subpart, equal to the lowest 4-hour 

average pressure drop across each such 

wet scrubber measured during the most 

recent performance test demonstrating 

compliance with the particulate matter, 

lead and cadmium emission limits. 

(c) Minimum scrubber liquid flow rate 

(measured at the inlet to each wet 

scrubber), equal to the lowest 4-hour 

average liquid flow rate measured 

during the most recent performance test 

demonstrating compliance with all 

applicable emission limits. 

(d) Minimum scrubber liquid pH for 

each wet scrubber used to meet the 

sulfur dioxide or hydrogen chloride 

emission limits in Table 2 or 3 to this 

subpart, equal to the lowest 1-hour 

average scrubber liquid pH measured 

during the most recent performance test 

demonstrating compliance with the 

sulfur dioxide and hydrogen chloride 

emission limits. 

(e) Minimum combustion chamber 

operating temperature (or minimum 

afterburner temperature), equal to the 

lowest 4-hour average combustion 

chamber operating temperature (or 

afterburner temperature) measured 

during the most recent performance test 

demonstrating compliance with all 

applicable emission limits. 

(f) Minimum power input to the 

electrostatic precipitator collection 

plates, equal to the lowest 4-hour 

average secondary electric power 

measured during the most recent 

performance test demonstrating 

compliance with the particulate matter, 

lead and cadmium emission limits. 

Power input must be calculated as the 

product of the secondary voltage and 

secondary amperage to the electrostatic 

precipitator collection plates. Both the 

secondary voltage and secondary 

amperage must be recorded during the 

performance test. 

(g) Minimum effluent water flow rate 

at the outlet of the electrostatic 

precipitator, equal to the lowest 4-hour 

average effluent water flow rate at the 

outlet of the electrostatic precipitator 

measured during the most recent 

performance test demonstrating 

compliance with the particulate matter, 

lead and cadmium emission limits. 

(h) For activated carbon injection, 

establish the site-specific operating 

limits specified in paragraphs (h)(1) 

through (3) of this section. 

(1) Minimum mercury sorbent 

injection rate, equal to the lowest 4-hour 

average mercury sorbent injection rate 

measured during the most recent 

performance test demonstrating 

compliance with the mercury emission 

limit. 

(2) Minimum dioxin/furan sorbent 

injection rate, equal to the lowest 4-hour 

average dioxin/furan sorbent injection 

rate measured during the most recent 

performance test demonstrating 

compliance with the dioxin/furan (total 

mass basis or toxic equivalency basis) 

emission limit. 

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(3) Minimum carrier gas flow rate or 

minimum carrier gas pressure drop, as 

follows: 

(i) Minimum carrier gas flow rate, 

equal to the lowest 4-hour average 

carrier gas flow rate measured during 

the most recent performance test 

demonstrating compliance with the 

applicable emission limit. 

(ii) Minimum carrier gas pressure 

drop, equal to the lowest 4-hour average 

carrier gas flow rate measured during 

the most recent performance test 

demonstrating compliance with the 

applicable emission limit. 

§ 62.15990 By what date must I conduct 

the initial air pollution control device 

inspection and make any necessary 

repairs? 

(a) You must conduct an air pollution 

control device inspection according to 

§ 62.16015(c) by the final compliance 

date as specified in § 62.15880. For air 

pollution control devices installed after 

the final compliance date, you must 

conduct the air pollution control device 

inspection within 60 days after 

installation of the control device. 

(b) Within 10 operating days 

following the air pollution control 

device inspection under paragraph (a) of 

this section, all necessary repairs must 

be completed unless you obtain written 

approval from the Administrator 

establishing a date whereby all 

necessary repairs of the SSI unit must be 

completed. 

§ 62.15995 How do I develop a site-specific 

monitoring plan for my continuous 

monitoring, bag leak detection, and ash 

handling systems, and by what date must 

I conduct an initial performance evaluation? 

You must develop and submit to the 

Administrator for approval a sitespecific monitoring plan for each 

continuous monitoring system required 

under this subpart, according to the 

requirements in paragraphs (a) through 

(c) of this section. This requirement also 

applies to you if you petition the 

Administrator for alternative monitoring 

parameters under § 60.13(i) and 

paragraph (e) of this section. If you use 

a continuous automated sampling 

system to comply with the mercury or 

dioxin/furan (total mass basis or toxic 

equivalency basis) emission limits, you 

must develop your monitoring plan as 

specified in § 60.58b(q), and you are not 

required to meet the requirements in 

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

You must also submit a site-specific 

monitoring plan for your ash handling 

system, as specified in paragraph (d) of 

this section. You must submit and 

update your monitoring plans as 

specified in paragraphs (f) through (h) of 

this section. 

(a) For each continuous monitoring 

system, your monitoring plan must 

address the elements and requirements 

specified in paragraphs (a)(1) through 

(8) of this section. You must operate and 

maintain the continuous monitoring 

system in continuous operation 

according to the site-specific monitoring 

plan. 

(1) Installation of the continuous 

monitoring system sampling probe or 

other interface at a measurement 

location relative to each affected process 

unit such that the measurement is 

representative of control of the exhaust 

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

last control device). 

(2) Performance and equipment 

specifications for the sample interface, 

the pollutant concentration or 

parametric signal analyzer and the data 

collection and reduction systems. 

(3) Performance evaluation 

procedures and acceptance criteria (e.g., 

calibrations). 

(i) For continuous emissions 

monitoring systems, your performance 

evaluation and acceptance criteria must 

include, but is not limited to, the 

following: 

(A) The applicable requirements for 

continuous emissions monitoring 

systems specified in § 60.13. 

(B) The applicable performance 

specifications (e.g., relative accuracy 

tests) in appendix B of part 60. 

(C) The applicable procedures (e.g., 

quarterly accuracy determinations and 

daily calibration drift tests) in appendix 

F of part 60. 

(D) A discussion of how the 

occurrence and duration of out-ofcontrol periods will affect the suitability 

of CEMS data, where out-of-control has 

the meaning given in paragraph (a)(7)(i) 

of this section. 

(ii) For continuous parameter 

monitoring systems, your performance 

evaluation and acceptance criteria must 

include, but is not limited to, the 

following: 

(A) If you have an operating limit that 

requires the use of a flow monitoring 

system, you must meet the requirements 

in paragraphs (a)(3)(ii)(A)(1) through (4) 

of this section. 

(1) Install the flow sensor and other 

necessary equipment in a position that 

provides a representative flow. 

(2) Use a flow sensor with a 

measurement sensitivity of no greater 

than 2 percent of the expected process 

flow rate. 

(3) Minimize the effects of swirling 

flow or abnormal velocity distributions 

due to upstream and downstream 

disturbances. 

(4) Conduct a flow monitoring system 

performance evaluation in accordance 

with your monitoring plan at the time 

of each performance test but no less 

frequently than annually. 

(B) If you have an operating limit that 

requires the use of a pressure 

monitoring system, you must meet the 

requirements in paragraphs 

(a)(3)(ii)(B)(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., 

particulate matter 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 least once each 

process operating day to ensure pressure 

measurements are not obstructed (e.g., 

check for pressure tap pluggage daily). 

(5) Conduct a performance evaluation 

of the pressure monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than annually. 

(6) If at any time the measured 

pressure exceeds the manufacturer’s 

specified maximum operating pressure 

range, conduct a performance 

evaluation of the pressure monitoring 

system in accordance with your 

monitoring plan and confirm that the 

pressure monitoring system continues to 

meet the performance requirements in 

your monitoring plan. Alternatively, 

install and verify the operation of a new 

pressure sensor. 

(C) If you have an operating limit that 

requires a pH monitoring system, you 

must meet the requirements in 

paragraphs (a)(3)(ii)(C)(1) through (4) of 

this section. 

(1) Install the pH sensor in a position 

that provides a representative 

measurement of scrubber effluent pH. 

(2) Ensure the sample is properly 

mixed and representative of the fluid to 

be measured. 

(3) Conduct a performance evaluation 

of the pH monitoring system in 

accordance with your monitoring plan 

at least once each process operating day. 

(4) Conduct a performance evaluation 

(including a two-point calibration with 

one of the two buffer solutions having 

a pH within 1 of the operating limit pH 

level) of the pH monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than quarterly. 

(D) If you have an operating limit that 

requires the use of a temperature 

measurement device, you must meet the 

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requirements in paragraphs 

(a)(3)(ii)(D)(1) through (4) of this 

section. 

(1) Install the temperature sensor and 

other necessary equipment in a position 

that provides a representative 

temperature. 

(2) Use a temperature sensor with a 

minimum tolerance of 2.8 degrees 

Celsius (5 degrees Fahrenheit), or 1.0 

percent of the temperature value, 

whichever is larger, for a noncryogenic 

temperature range. 

(3) Use a temperature sensor with a 

minimum tolerance of 2.8 degrees 

Celsius (5 degrees Fahrenheit), or 2.5 

percent of the temperature value, 

whichever is larger, for a cryogenic 

temperature range. 

(4) Conduct a temperature 

measurement device performance 

evaluation at the time of each 

performance test but no less frequently 

than annually. 

(E) If you have an operating limit that 

requires a secondary electric power 

monitoring system for an electrostatic 

precipitator, you must meet the 

requirements in paragraphs 

(a)(3)(ii)(E)(1) and (2) of this section. 

(1) Install sensors to measure 

(secondary) voltage and current to the 

electrostatic 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. 

(F) 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 

(a)(3)(ii)(F)(1) and (2) of this section. 

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

that provides a representative 

measurement of the total sorbent 

injection rate. 

(2) Conduct a performance evaluation 

of the sorbent injection rate monitoring 

system in accordance with your 

monitoring plan at the time of each 

performance test but no less frequently 

than annually. 

(4) Ongoing operation and 

maintenance procedures in accordance 

with the general requirements of 

§ 60.11(d). 

(5) Ongoing data quality assurance 

procedures in accordance with the 

general requirements of § 60.13. 

(6) 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). 

(7) Provisions for periods when the 

continuous monitoring system is out of 

control, as follows: 

(i) A continuous monitoring system is 

out of control if the conditions of 

paragraph (a)(7)(i)(A) or (i)(B) of this 

section are met. 

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

applicable), or high-level calibration 

drift exceeds two times the applicable 

calibration drift specification in the 

applicable performance specification or 

in the relevant standard. 

(B) The continuous monitoring system 

fails a performance test audit (e.g., 

cylinder gas audit), relative accuracy 

audit, relative accuracy test audit or 

linearity test audit. 

(ii) When the continuous monitoring 

system is out of control as specified in 

paragraph (a)(7)(i) of this section, you 

must take the necessary corrective 

action and must repeat all necessary 

tests that indicate that the system is out 

of control. You must take corrective 

action and conduct retesting until the 

performance requirements are below the 

applicable limits. The beginning of the 

out-of-control period is the hour you 

conduct a performance check (e.g., 

calibration drift) that indicates an 

exceedance of the performance 

requirements established under this 

part. The end of the out-of-control 

period is the hour following the 

completion of corrective action and 

successful demonstration that the 

system is within the allowable limits. 

(8) Schedule for conducting initial 

and periodic performance evaluations of 

your continuous monitoring systems. 

(b) If a bag leak detection system is 

used, your monitoring plan must 

include a description of the following 

items: 

(1) Installation of the bag leak 

detection system in accordance with 

paragraphs (b)(1)(i) and (ii) of this 

section. 

(i) Install the bag leak detection 

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

representative of the relative or absolute 

particulate matter loadings for each 

exhaust stack, roof vent or compartment 

(e.g., for a positive pressure fabric filter) 

of the fabric filter. 

(ii) 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. 

(2) Initial and periodic adjustment of 

the bag leak detection system, including 

how the alarm set-point will be 

established. Use a bag leak detection 

system equipped with a system that will 

sound an alarm when the system detects 

an increase in relative particulate matter 

emissions over a preset level. The alarm 

must be located where it is observed 

readily and any alert is detected and 

recognized easily by plant operating 

personnel. 

(3) Evaluations of the performance of 

the bag leak detection system, 

performed in accordance with your 

monitoring plan and consistent with the 

guidance provided in Fabric Filter Bag 

Leak Detection Guidance, EPA–454/R– 

98–015, September 1997 (incorporated 

by reference, see § 60.17). 

(4) Operation of the bag leak detection 

system, including quality assurance 

procedures. 

(5) Maintenance of the bag leak 

detection system, including a routine 

maintenance schedule and spare parts 

inventory list. 

(6) Recordkeeping (including record 

retention) of the bag leak detection 

system data. Use a bag leak detection 

system equipped with a device to 

continuously record the output signal 

from the sensor. 

(c) You must conduct an initial 

performance evaluation of each 

continuous monitoring system and bag 

leak detection system, as applicable, in 

accordance with your monitoring plan 

and to § 60.13(c). For the purpose of this 

subpart, the provisions of § 60.13(c) also 

apply to the bag leak detection system. 

You must conduct the initial 

performance evaluation of each 

continuous monitoring system within 

60 days of installation of the monitoring 

system. 

(d) You must submit a monitoring 

plan specifying the ash handling system 

operating procedures that you will 

follow to ensure that you meet the 

fugitive emissions limit specified in 

Table 2 or 3 to this subpart. 

(e) You may submit an application to 

the Administrator for approval of 

alternate monitoring requirements to 

demonstrate compliance with the 

standards of this subpart, subject to the 

provisions of paragraphs (e)(1) through 

(6) of this section. 

(1) The Administrator will not 

approve averaging periods other than 

those specified in this section, unless 

you document, using data or 

information, that the longer averaging 

period will ensure that emissions do not 

exceed levels achieved over the 

duration of three performance test runs. 

(2) If the application to use an 

alternate monitoring requirement is 

approved, you must continue to use the 

original monitoring requirement until 

approval is received to use another 

monitoring requirement. 

(3) You must submit the application 

for approval of alternate monitoring 

requirements no later than the 

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notification of performance test. The 

application must contain the 

information specified in paragraphs 

(e)(3)(i) through (iii) of this section: 

(i) Data or information justifying the 

request, such as the technical or 

economic infeasibility, or the 

impracticality of using the required 

approach. 

(ii) A description of the proposed 

alternative monitoring requirement, 

including the operating parameter to be 

monitored, the monitoring approach 

and technique, the averaging period for 

the limit, and how the limit is to be 

calculated. 

(iii) Data or information documenting 

that the alternative monitoring 

requirement would provide equivalent 

or better assurance of compliance with 

the relevant emission standard. 

(4) The Administrator will notify you 

of the approval or denial of the 

application within 90 calendar days 

after receipt of the original request, or 

within 60 calendar days of the receipt 

of any supplementary information, 

whichever is later. The Administrator 

will not approve an alternate monitoring 

application unless it would provide 

equivalent or better assurance of 

compliance with the relevant emission 

standard. Before disapproving any 

alternate monitoring application, the 

Administrator will provide the 

following: 

(i) Notice of the information and 

findings upon which the intended 

disapproval is based. 

(ii) Notice of opportunity for you to 

present additional supporting 

information before final action is taken 

on the application. This notice will 

specify how much additional time is 

allowed for you to provide additional 

supporting information. 

(5) You are responsible for submitting 

any supporting information in a timely 

manner to enable the Administrator to 

consider the application prior to the 

performance test. Neither submittal of 

an application, nor the Administrator’s 

failure to approve or disapprove the 

application relieves you of the 

responsibility to comply with any 

provision of this subpart. 

(6) The Administrator may decide at 

any time, on a case-by-case basis, that 

additional or alternative operating 

limits, or alternative approaches to 

establishing operating limits, are 

necessary to demonstrate compliance 

with the emission standards of this 

subpart. 

(f) You must submit your monitoring 

plans required in paragraphs (a) and (b) 

of this section at least 60 days before 

your initial performance evaluation of 

your continuous monitoring system(s). 

(g) You must submit your monitoring 

plan for your ash handling system, as 

required in paragraph (d) of this section, 

at least 60 days before your initial 

compliance test date. 

(h) You must update and resubmit 

your monitoring plan if there are any 

changes or potential changes in your 

monitoring procedures or if there is a 

process change, as defined in 

§ 62.16045. 

Continuous Compliance Requirements 

§ 62.16000 How and when do I 

demonstrate continuous compliance with 

the emission limits and standards? 

To demonstrate continuous 

compliance with the emission limits 

and standards specified in Table 2 or 3 

to this subpart, use the procedures 

specified in paragraph (a) of this 

section. In lieu of using the procedures 

specified in paragraph (a) of this 

section, you have the option to 

demonstrate initial compliance using 

the procedures specified in paragraph 

(b) of this section for particulate matter, 

hydrogen chloride, carbon monoxide, 

dioxins/furans (total mass basis or toxic 

equivalency basis), mercury, nitrogen 

oxides, sulfur dioxide, cadmium, lead 

and fugitive emissions from ash 

handling. You must meet the 

requirements of paragraphs (a) and (b) of 

this section, as applicable, and 

paragraphs (c) through (e) of this 

section, according to the performance 

testing, monitoring, and calibration 

requirements in § 62.16015(a) and (b). 

You may also petition the Administrator 

for alternative monitoring parameters as 

specified in paragraph (f) of this section. 

(a) Demonstrate continuous 

compliance using a performance test. 

Except as provided in paragraphs (a)(3) 

and (e) of this section, following the 

date that the initial performance test for 

each pollutant in Table 2 or 3 to this 

subpart is completed, you must conduct 

a performance test for each such 

pollutant on an annual basis (between 

11 and 13 calendar months following 

the previous performance test). The 

performance test must be conducted 

using the test methods, averaging 

methods, and minimum sampling 

volumes or durations specified in Table 

2 or 3 to this subpart and according to 

the testing, monitoring and calibration 

requirements specified in § 62.16015(a). 

(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. 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 § 62.16045. 

(3) Except as specified in paragraphs 

(a)(1) and (2) of this section, you can 

conduct performance tests less often for 

a given pollutant, as specified in 

paragraphs (a)(3)(i) through (iii) of this 

section. 

(i) You can conduct performance tests 

less often if your performance tests for 

the pollutant for at least 2 consecutive 

years show that your emissions are at or 

below 75 percent of the emission limit 

specified in Table 2 or 3 to this subpart, 

and there are no changes in the 

operation of the affected source or air 

pollution control equipment that could 

increase emissions. In this case, you do 

not have to conduct a performance test 

for that pollutant for the next 2 years. 

You must conduct a performance test 

during the third year and no more than 

37 months after the previous 

performance test. 

(ii) If your SSI unit continues to meet 

the emission limit for the pollutant, you 

may choose to conduct performance 

tests for the pollutant every third year 

if your emissions are at or below 75 

percent of the emission limit, and if 

there are no changes in the operation of 

the affected source or air pollution 

control equipment that could increase 

emissions, but each such performance 

test must be conducted no more than 37 

months after the previous performance 

test. 

(iii) If a performance test shows 

emissions exceeded 75 percent of the 

emission limit for a pollutant, you must 

conduct annual performance tests for 

that pollutant until all performance tests 

over 2 consecutive years show 

compliance. 

(b) Demonstrate continuous 

compliance using a continuous 

emissions monitoring system or 

continuous automated sampling system. 

The option to use a continuous 

emissions monitoring system for 

hydrogen chloride, dioxins/furans, 

cadmium or lead takes effect on the date 

a final performance specification 

applicable to hydrogen chloride, 

dioxins/furans, cadmium or lead is 

published in the Federal Register. The 

option to use a continuous automated 

sampling system for dioxins/furans 

takes effect on the date a final 

performance specification for such a 

continuous automated sampling system 

is published in the Federal Register. 

Collect data as specified in 

§ 62.16015(b)(6) and use the following 

procedures: 

(1) To demonstrate continuous 

compliance with the emission limits for 

particulate matter, hydrogen chloride, 

carbon monoxide, dioxins/furans (total 

mass basis or toxic equivalency basis), 

mercury, nitrogen oxides, sulfur 

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dioxide, cadmium and lead, you may 

substitute the use of a continuous 

monitoring system in lieu of conducting 

the annual performance test required in 

paragraph (a) of this section, as follows: 

(i) You may substitute the use of a 

continuous emissions monitoring 

system for any pollutant specified in 

paragraph (b)(1) of this section in lieu of 

conducting the annual performance test 

for that pollutant in paragraph (a) of this 

section. For determining compliance 

with the carbon monoxide 

concentration limit using carbon 

monoxide CEMS, the correction to 7 

percent oxygen does not apply during 

periods of startup or shutdown. Use the 

measured carbon monoxide 

concentration without correcting for 

oxygen concentration in averaging with 

other carbon monoxide concentrations 

(corrected to 7 percent oxygen) to 

determine the 24-hour average value. 

(ii) You may substitute the use of a 

continuous automated sampling system 

for mercury or dioxins/furans in lieu of 

conducting the annual mercury or 

dioxin/furan performance test in 

paragraph (a) of this section. 

(2) If you use a continuous emissions 

monitoring system to demonstrate 

compliance with an applicable emission 

limit in paragraph (b)(1) of this section, 

you must use the continuous emissions 

monitoring system and follow the 

requirements specified in § 62.16015(b). 

You must measure emissions according 

to § 60.13 to calculate 1-hour arithmetic 

averages, corrected to 7 percent oxygen 

(or carbon dioxide). You must 

demonstrate initial compliance using a 

24-hour block average of these 1-hour 

arithmetic average emission 

concentrations, calculated using 

Equation 19–19 in section 12.4.1 of 

Method 19 of 40 CFR part 60, appendix 

A–7. 

(3) If you use a continuous automated 

sampling system to demonstrate 

compliance with an applicable emission 

limit in paragraph (b)(1) of this section, 

you must: 

(i) Use the continuous automated 

sampling system specified in § 60.58b(p) 

and (q), and measure and calculate 

average emissions corrected to 7 percent 

oxygen (or carbon dioxide) according to 

§ 60.58b(p) and your monitoring plan. 

(A) Use the procedures specified in 

§ 60.58b(p) to calculate 24-hour averages 

to determine compliance with the 

mercury emission limit in Table 2 or 3 

to this subpart. 

(B) Use the procedures specified in 

§ 60.58b(p) to calculate 2-week averages 

to determine compliance with the 

dioxin/furan (total mass basis or toxic 

equivalency basis) emission limits in 

Table 2 or 3 to this subpart. 

(ii) Update your monitoring plan as 

specified in § 60.4880(e). For mercury 

continuous automated sampling 

systems, you must use Performance 

Specification 12B of appendix B of part 

75 and Procedure 5 of appendix F of 

part 60. 

(4) Except as provided in paragraph 

(e) of this section, you must complete 

your periodic performance evaluations 

required in your monitoring plan for 

any continuous emissions monitoring 

systems and continuous automated 

sampling systems, according to the 

schedule specified in your monitoring 

plan. If you were previously 

determining compliance by conducting 

an annual performance test (or 

according to the less frequent testing for 

a pollutant as provided in paragraph 

(a)(3) of this section), you must 

complete the initial performance 

evaluation required under your 

monitoring plan in § 62.15995 for the 

continuous monitoring system prior to 

using the continuous emissions 

monitoring system to demonstrate 

compliance or continuous automated 

sampling system. Your performance 

evaluation must be conducted using the 

procedures and acceptance criteria 

specified in § 62.15995(a)(3). 

(c) To demonstrate compliance with 

the dioxins/furans toxic equivalency 

emission limit in paragraph (a) or (b) of 

this section, you must determine 

dioxins/furans toxic equivalency as 

follows: 

(1) Measure the concentration of each 

dioxin/furan tetra- through 

octachlorinated-isomer emitted using 

Method 23 at 40 CFR part 60, appendix 

A–7. 

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

measured in accordance with paragraph 

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

isomer concentration by its 

corresponding toxic equivalency factor 

specified in Table 5 to this subpart. 

(3) Sum the products calculated in 

accordance with paragraph (c)(2) of this 

section to obtain the total concentration 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(d) You must submit an annual 

compliance report as specified in 

§ 62.16030(c). You must submit a 

deviation report as specified in 

§ 62.16030(d) for each instance that you 

did not meet each emission limit in 

Tables 2 and 3 to this subpart. 

(e) If you demonstrate continuous 

compliance using a performance test, as 

specified in paragraph (a) of this 

section, then the provisions of this 

paragraph (e) apply. If a force majeure 

is about to occur, occurs, or has 

occurred for which you intend to assert 

a claim of force majeure, you must 

notify the Administrator in writing as 

specified in § 62.16030(f). You must 

conduct the performance test as soon as 

practicable after the force majeure 

occurs. The Administrator will 

determine whether or not to grant the 

extension to the performance test 

deadline, and will notify you in writing 

of approval or disapproval of the request 

for an extension as soon as practicable. 

Until an extension of the performance 

test deadline has been approved by the 

Administrator, you remain strictly 

subject to the requirements of this 

subpart. 

(f) After any initial requests in 

§ 62.15995 for alternative monitoring 

requirements for initial compliance, you 

may subsequently petition the 

Administrator for alternative monitoring 

parameters as specified in §§ 60.13(i) 

and 62.15995(e). 

§ 62.16005 How do I demonstrate 

continuous compliance with my operating 

limits? 

You must continuously monitor your 

operating parameters as specified in 

paragraph (a) of this section and meet 

the requirements of paragraphs (b) and 

(c) of this section, according to the 

monitoring and calibration requirements 

in § 62.16020. You must confirm and reestablish your operating limits as 

specified in paragraph (d) of this 

section. 

(a) You must continuously monitor 

the operating parameters specified in 

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

using the continuous monitoring 

equipment and according to the 

procedures specified in § 62.16020 or 

established in § 62.15965. To determine 

compliance, you must use the data 

averaging period specified in Table 4 to 

this subpart (except for alarm time of 

the baghouse leak detection system) 

unless a different averaging period is 

established under § 62.15965. 

(1) You must demonstrate that the SSI 

unit meets the operating limits 

established according to §§ 62.15965 

and 62.15985 and paragraph (d) of this 

section for each applicable operating 

parameter. 

(2) You must demonstrate that the SSI 

unit meets the operating limit for bag 

leak detection systems as follows: 

(i) For a bag leak detection system, 

you must calculate the alarm time as 

follows: 

(A) If inspection of the fabric filter 

demonstrates that no corrective action is 

required, no alarm time is counted. 

(B) If corrective action is required, 

each alarm time shall be counted as a 

minimum of 1 hour. 

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(C) If you take longer than 1 hour to 

initiate corrective action, each alarm 

time (i.e., time that the alarm sounds) is 

counted as the actual amount of time 

taken by you to initiate corrective 

action. 

(ii) Your maximum alarm time is 

equal to 5 percent of the operating time 

during a 6-month period, as specified in 

§ 62.15960(c). 

(b) 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. You 

must submit the deviation report 

specified in § 62.16030(d) for each 

instance that you did not meet one of 

your operating limits established under 

this subpart. 

(c) You must submit the annual 

compliance report specified in 

§ 62.16030(c) to demonstrate continuous 

compliance. 

(d) You must confirm your operating 

limits according to paragraph (d)(1) of 

this section or re-establish operating 

limits according to paragraph (d)(2) of 

this section. Your operating limits must 

be established so as to assure ongoing 

compliance with the emission limits. 

These requirements also apply to your 

operating requirements in your fugitive 

emissions monitoring plan specified in 

§ 62.15960(d). 

(1) Your operating limits must be 

based on operating data recorded during 

any performance test required in 

§ 62.16000(a) or any performance 

evaluation required in § 62.16000(b)(4). 

(2) You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits to 

apply from that point forward. 

§ 62.16010 By what date must I conduct 

annual air pollution control device 

inspections and make any necessary 

repairs? 

(a) You must conduct an annual 

inspection of each air pollution control 

device used to comply with the 

emission limits, according to 

§ 62.16015(c), no later than 12 months 

following the previous annual air 

pollution control device inspection. 

(b) Within 10 operating days 

following an air pollution control device 

inspection, all necessary repairs must be 

completed unless you obtain written 

approval from the Administrator 

establishing a date whereby all 

necessary repairs of the affected SSI unit 

must be completed. 

Performance Testing, Monitoring, and 

Calibration Requirements 

§ 62.16015 What are the performance 

testing, monitoring, and calibration 

requirements for compliance with the 

emission limits and standards? 

You must meet, as applicable, the 

performance testing requirements 

specified in paragraph (a) of this 

section, the monitoring requirements 

specified in paragraph (b) of this 

section, the air pollution control device 

inspections requirements specified in 

paragraph (c) of this section, and the 

bypass stack provisions specified in 

paragraph (d) of this section. 

(a) Performance testing requirements. 

(1) All performance tests must consist of 

a minimum of three test runs conducted 

under conditions representative of 

normal operations, as specified in 

§ 60.8(c). Emissions in excess of the 

emission limits or standards during 

periods of startup, shutdown, and 

malfunction are considered deviations 

from the applicable emission limits or 

standards. 

(2) You must document that the dry 

sludge burned during the performance 

test is representative of the sludge 

burned under normal operating 

conditions by: 

(i) Maintaining a log of the quantity of 

sewage sludge burned during the 

performance test by continuously 

monitoring and recording the average 

hourly rate that sewage sludge is fed to 

the incinerator. 

(ii) Maintaining a log of the moisture 

content of the sewage sludge burned 

during the performance test by taking 

grab samples of the sewage sludge fed 

to the incinerator for each 8 hour period 

that testing is conducted. 

(3) All performance tests must be 

conducted using the test methods, 

minimum sampling volume, observation 

period, and averaging method specified 

in Table 2 or 3 to this subpart. 

(4) Method 1 at 40 CFR part 60, 

appendix A must be used to select the 

sampling location and number of 

traverse points. 

(5) Method 3A or 3B at 40 CFR part 

60, appendix A–2 must be used for gas 

composition analysis, including 

measurement of oxygen concentration. 

Method 3A or 3B at 40 CFR part 60, 

appendix A–2 must be used 

simultaneously with each method. 

(6) All pollutant concentrations must 

be adjusted to 7 percent oxygen using 

Equation 1 of this section: 

Where: 

Cadj = Pollutant concentration adjusted to 7 

percent oxygen. 

Cmeas = Pollutant concentration measured on 

a dry basis. 

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

oxygen (defined oxygen correction 

basis). 

20.9 = Oxygen concentration in air, percent. 

%O2 = Oxygen concentration measured on a 

dry basis, percent. 

(7) Performance tests must be 

conducted and data reduced in 

accordance with the test methods and 

procedures contained in this subpart 

unless the Administrator does one of the 

following. 

(i) Specifies or approves, in specific 

cases, the use of a method with minor 

changes in methodology. 

(ii) Approves the use of an equivalent 

method. 

(iii) Approves the use of an alternative 

method the results of which he has 

determined to be adequate for indicating 

whether a specific source is in 

compliance. 

(iv) Waives the requirement for 

performance tests because you have 

demonstrated by other means to the 

Administrator’s satisfaction that the 

affected SSI unit is in compliance with 

the standard. 

(v) Approves shorter sampling times 

and smaller sample volumes when 

necessitated by process variables or 

other factors. Nothing in this paragraph 

is construed to abrogate the 

Administrator’s authority to require 

testing under section 114 of the Clean 

Air Act. 

(8) You must provide the 

Administrator at least 30 days prior 

notice of any performance test, except as 

specified under other subparts, to afford 

the Administrator the opportunity to 

have an observer present. If after 30 

days’ notice for an initially scheduled 

performance test, there is a delay (due 

to operational problems, etc.) in 

conducting the scheduled performance 

test, you must notify the Administrator 

as soon as possible of any delay in the 

original test date, either by providing at 


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least 7 days prior notice of the 

rescheduled date of the performance 

test, or by arranging a rescheduled date 

with the Administrator by mutual 

agreement. 

(9) You must provide, or cause to be 

provided, performance testing facilities 

as follows: 

(i) Sampling ports adequate for the 

test methods applicable to the SSI unit, 

as follows: 

(A) Constructing the air pollution 

control system such that volumetric 

flow rates and pollutant emission rates 

can be accurately determined by 

applicable test methods and procedures. 

(B) Providing a stack or duct free of 

cyclonic flow during performance tests, 

as demonstrated by applicable test 

methods and procedures. 

(ii) Safe sampling platform(s). 

(iii) Safe access to sampling 

platform(s). 

(iv) Utilities for sampling and testing 

equipment. 

(10) Unless otherwise specified in this 

subpart, each performance test must 

consist of three separate runs using the 

applicable test method. Each run must 

be conducted for the time and under the 

conditions specified in the applicable 

standard. Compliance with each 

emission limit must be determined by 

calculating the arithmetic mean of the 

three runs. In the event that a sample is 

accidentally lost or conditions occur in 

which one of the three runs must be 

discontinued because of forced 

shutdown, failure of an irreplaceable 

portion of the sample train, extreme 

meteorological conditions, or other 

circumstances, beyond your control, 

compliance may, upon the 

Administrator’s approval, be 

determined using the arithmetic mean 

of the results of the two other runs. 

(11) During each test run specified in 

paragraph (a)(1) of this section, you 

must operate your sewage sludge 

incinerator at a minimum of 85 percent 

of your maximum permitted capacity. 

(b) Continuous monitor requirements. 

You must meet the following 

requirements, as applicable, when using 

a continuous monitoring system to 

demonstrate compliance with the 

emission limits in Table 2 or 3 to this 

subpart. The option to use a continuous 

emissions monitoring system for 

hydrogen chloride, dioxins/furans, 

cadmium, or lead takes effect on the 

date a final performance specification 

applicable to hydrogen chloride, 

dioxins/furans, cadmium or lead is 

published in the Federal Register. If you 

elect to use a continuous emissions 

monitoring system instead of 

conducting annual performance testing, 

you must meet the requirements of 

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

section. If you elect to use a continuous 

automated sampling system instead of 

conducting annual performance testing, 

you must meet the requirements of 

paragraph (b)(7) of this section. The 

option to use a continuous automated 

sampling system for dioxins/furans 

takes effect on the date a final 

performance specification for such a 

continuous automated sampling system 

is published in the Federal Register. 

(1) You must notify the Administrator 

1 month before starting use of the 

continuous emissions monitoring 

system. 

(2) You must notify the Administrator 

1 month before stopping use of the 

continuous emissions monitoring 

system, in which case you must also 

conduct a performance test within prior 

to ceasing operation of the system. 

(3) You must install, operate, 

calibrate, and maintain an instrument 

for continuously measuring and 

recording the emissions to the 

atmosphere in accordance with the 

following: 

(i) Section 60.13 of subpart A of part 

60. 

(ii) The following performance 

specifications of appendix B of part 60, 

as applicable: 

(A) For particulate matter, 

Performance Specification 11 of 

appendix B of part 60. 

(B) For hydrogen chloride, 

Performance Specification 15 of 

appendix B of part 60. 

(C) For carbon monoxide, 

Performance Specification 4B of 

appendix B of part 60 with spans 

appropriate to the applicable emission 

limit. 

(D) [Reserved] 

(E) For mercury, Performance 

Specification 12A of appendix B of part 

60. 

(F) For nitrogen oxides, Performance 

Specification 2 of appendix B of part 60. 

(G) For sulfur dioxide, Performance 

Specification 2 of appendix B of part 60. 

(iii) For continuous emissions 

monitoring systems, the quality 

assurance procedures (e.g., quarterly 

accuracy determinations and daily 

calibration drift tests) of appendix F of 

this part specified in paragraphs 

(b)(3)(iii)(A) through (G) of this section. 

For each pollutant, the span value of the 

continuous emissions monitoring 

system is two times the applicable 

emission limit, expressed as a 

concentration. 

(A) For particulate matter, Procedure 

2 in appendix F of part 60. 

(B) For hydrogen chloride, Procedure 

1 in appendix F of part 60 except that 

the Relative Accuracy Test Audit 

requirements of Procedure 1 shall be 

replaced with the validation 

requirements and criteria of sections 

11.1.1 and 12.0 of Performance 

Specification 15 of appendix B of part 

60. 

(C) For carbon monoxide, Procedure 1 

in appendix F of part 60. 

(D) [Reserved] 

(E) For mercury, Procedures 5 in 

appendix F of part 60. 

(F) For nitrogen oxides, Procedure 1 

in appendix F of part 60. 

(G) For sulfur dioxide, Procedure 1 in 

appendix F of part 60. 

(iv) If your monitoring system has a 

malfunction or out-of-control period, 

you must complete repairs and resume 

operation of your monitoring system as 

expeditiously as possible. 

(4) During each relative accuracy test 

run of the continuous emissions 

monitoring system using the 

performance specifications in paragraph 

(b)(3)(ii) of this section, emission data 

for each regulated pollutant and oxygen 

(or carbon dioxide as established in 

(b)(5) of this section) must be collected 

concurrently (or within a 30- to 60- 

minute period) by both the continuous 

emissions monitoring systems and the 

test methods specified in paragraph 

(b)(4)(i) through (viii) of this section. 

Relative accuracy testing must be at 

representative operating conditions 

while the SSI unit is charging sewage 

sludge. 

(i) For particulate matter, Method 5 at 

40 CFR part 60, appendix A–3 or 

Method 26A or 29 at 40 CFR part 60, 

appendix A–8 shall be used. 

(ii) For hydrogen chloride, Method 26 

or 26A at 40 CFR part 60, appendix A– 

8, shall be used, as specified in Tables 

2 and 3 to this subpart. 

(iii) For carbon monoxide, Method 10, 

10A, or 10B at 40 CFR part 60, appendix 

A–4, shall be used. 

(iv) For dioxins/furans, Method 23 at 

40 CFR part 60, appendix A–7, shall be 

used. 

(v) For mercury, cadmium and lead, 

Method 29 at 40 CFR part 60, appendix 

A–8, shall be used. Alternatively for 

mercury, either Method 30B at 40 CFR 

part 60, appendix A–8 or ASTM D6784– 

02 (Reapproved 2008) (incorporated by 

reference, see § 60.17), may be used. 

(vi) For nitrogen oxides, Method 7 or 

7E at 40 CFR part 60, appendix A–4, 

shall be used. 

(vii) For sulfur dioxide, Method 6 or 

6C at 40 CFR part 60, appendix A–4, or 

as an alternative ANSI/ASME PTC 

19.10–1981 (incorporated by reference, 

see § 60.17) must be used. For sources 

that have actual inlet emissions less 

than 100 parts per million dry volume, 

the relative accuracy criterion for the 

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inlet of the sulfur dioxide continuous 

emissions monitoring system should be 

no greater than 20 percent of the mean 

value of the 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 method and the continuous 

emissions monitoring system, 

whichever is greater. 

(viii) For oxygen (or carbon dioxide as 

established in (b)(5) of this section), 

Method 3A or 3B at 40 CFR part 60, 

appendix A–2, or as an alternative 

ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see § 60.17), 

as applicable, must be used. 

(5) You may request that compliance 

with the emission limits 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 (b)(5)(i) 

through (iv) of this section. This 

relationship may be re-established 

during subsequent performance tests. 

(i) The fuel factor equation in Method 

3B at 40 CFR part 60, appendix A–2 

must be used to determine the 

relationship between oxygen and carbon 

dioxide at a sampling location. Method 

3A or 3B at 50 CFR part 60, appendix 

A–2, or as an alternative ANSI/ASME 

PTC 19.10–1981 (incorporated by 

reference, see § 60.17), as applicable, 

must be used to determine the oxygen 

concentration at the same location as 

the carbon dioxide monitor. 

(ii) Samples must be taken for at least 

30 minutes in each hour. 

(iii) Each sample must represent a 1- 

hour average. 

(iv) A minimum of three runs must be 

performed. 

(6) You must operate the continuous 

monitoring system and collect data with 

the continuous monitoring system as 

follows: 

(i) You must collect data using the 

continuous monitoring system at all 

times the affected SSI unit is operating 

and at the intervals specified in 

paragraph (b)(6)(ii) of this section, 

except for periods of monitoring system 

malfunctions that occur during periods 

specified in § 62.15995(a)(7)(i), repairs 

associated with monitoring system 

malfunctions, and required monitoring 

system quality assurance or quality 

control activities (including, as 

applicable, calibration checks and 

required zero and span adjustments). 

Any such periods that you do not 

collect data using the continuous 

monitoring system constitute a 

deviation from the monitoring 

requirements and must be reported in a 

deviation report. 

(ii) You must collect continuous 

emissions monitoring system data in 

accordance with § 60.13(e)(2). 

(iii) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or control 

activities must not be included in 

calculations used to report emissions or 

operating levels. Any such periods must 

be reported in a deviation report. 

(iv) Any data collected during periods 

when the monitoring system is out of 

control as specified in § 60.4880(a)(7)(i), 

repairs associated with periods when 

the monitoring system is out of control, 

or required monitoring system quality 

assurance or control activities 

conducted during out-of-control periods 

must not be included in calculations 

used to report emissions or operating 

levels. Any such periods that do not 

coincide with a monitoring system 

malfunction as defined in § 62.16045, 

constitute a deviation from the 

monitoring requirements and must be 

reported in a deviation report. 

(v) You must use all the data collected 

during all periods except those periods 

specified in paragraphs (b)(6)(iii) and 

(iv) of this section in assessing the 

operation of the control device and 

associated control system. 

(7) If you elect to use a continuous 

automated sampling system instead of 

conducting annual performance testing, 

you must: 

(i) Install, calibrate, maintain and 

operate a continuous automated 

sampling system according to the sitespecific monitoring plan developed in 

§ 60.58b(p)(1) through (6), (9), (10), and 

(q). 

(ii) Collect data according to 

§ 60.58b(p)(5) and paragraph (b)(6) of 

this section. 

(c) Air pollution control device 

inspections. You must conduct air 

pollution control device inspections 

that include, at a minimum, the 

following: 

(1) Inspect air pollution control 

device(s) for proper operation. 

(2) Generally observe that the 

equipment is maintained in good 

operating condition. 

(3) Develop a site-specific monitoring 

plan according to the requirements in 

§ 62.15995. This requirement also 

applies to you if you petition the EPA 

Administrator for alternative monitoring 

parameters under § 60.13(i). 

(d) Bypass stack. Use of the bypass 

stack at any time that sewage sludge is 

being charged to the SSI unit is an 

emissions standards deviation for all 

pollutants listed in Table 2 or 3 to this 

subpart. The use of the bypass stack 

during a performance test invalidates 

the performance test. 

§ 62.16020 What are the monitoring and 

calibration requirements for compliance 

with my operating limits? 

(a) You must install, operate, calibrate 

and maintain the continuous parameter 

monitoring systems according to the 

requirements in paragraphs (a)(1) and 

(2) of this section. 

(1) Meet the following general 

requirements for flow, pressure, pH and 

operating temperature measurement 

devices: 

(i) You must collect data using the 

continuous monitoring system at all 

times the affected SSI unit is operating 

and at the intervals specified in 

paragraph (a)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions that occur during periods 

specified defined in § 62.15995(a)(7)(i), 

repairs associated with monitoring 

system malfunctions, and required 

monitoring system quality assurance or 

quality control activities (including, as 

applicable, calibration checks and 

required zero and span adjustments). 

Any such periods that you do not 

collect data using the continuous 

monitoring system constitute a 

deviation from the monitoring 

requirements and must be reported in a 

deviation report. 

(ii) You must collect continuous 

parameter monitoring system data in 

accordance with § 60.13(e)(2). 

(iii) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or control 

activities must not be included in 

calculations used to report emissions or 

operating levels. Any such periods must 

be reported in your annual deviation 

report. 

(iv) Any data collected during periods 

when the monitoring system is out of 

control as specified in 

§ 62.15995(a)(7)(i) must not be included 

in calculations used to report emissions 

or operating levels. Any such periods 

that do not coincide with a monitoring 

system malfunction, as defined in 

§ 62.16045, constitute a deviation from 

the monitoring requirements and must 

be reported in a deviation report. 

(v) You must use all the data collected 

during all periods except those periods 

specified in paragraphs (a)(1)(iii) and 

(iv) of this section in assessing the 

operation of the control device and 

associated control system. 

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(vi) Record the results of each 

inspection, calibration and validation 

check. 

(2) Operate and maintain your 

continuous monitoring system 

according to your monitoring plan 

required under § 60.4880. Additionally: 

(i) For carrier gas flow rate monitors 

(for activated carbon injection), during 

the performance test conducted 

pursuant to § 60.4885, you must 

demonstrate that the system is 

maintained within ±5 percent accuracy, 

according to the procedures in appendix 

A to part 75 of this chapter. 

(ii) For carrier gas pressure drop 

monitors (for activated carbon 

injection), during the performance test 

conducted pursuant to § 60.4885, you 

must demonstrate that the system is 

maintained within ±5 percent accuracy. 

(b) You must operate and maintain 

your bag leak detection system in 

continuous operation according to your 

monitoring plan required under 

§ 60.4880. Additionally: 

(1) For positive pressure fabric filter 

systems that do not duct all 

compartments of cells to a common 

stack, a bag leak detection system must 

be installed in each baghouse 

compartment or cell. 

(2) Where multiple bag leak detectors 

are required, the system’s 

instrumentation and alarm may be 

shared among detectors. 

(3) You must initiate procedures to 

determine the cause of every alarm 

within 8 hours of the alarm, and you 

must alleviate the cause of the alarm 

within 24 hours of the alarm by taking 

whatever corrective action(s) are 

necessary. Corrective actions may 

include, but are not limited to the 

following: 

(i) Inspecting the fabric filter for air 

leaks, torn or broken bags or filter media 

or any other condition that may cause 

an increase in particulate matter 

emissions. 

(ii) Sealing off defective bags or filter 

media. 

(iii) Replacing defective bags or filter 

media or otherwise repairing the control 

device. 

(iv) Sealing off a defective fabric filter 

compartment. 

(v) Cleaning the bag leak detection 

system probe or otherwise repairing the 

bag leak detection system. 

(vi) Shutting down the process 

producing the particulate matter 

emissions. 

(c) You must operate and maintain the 

continuous parameter monitoring 

systems specified in paragraphs (a) and 

(b) of this section in continuous 

operation according to your monitoring 

plan required under § 60.4880. 

(d) If your SSI unit has a bypass stack, 

you must install, calibrate (to 

manufacturers’ specifications), maintain 

and operate a device or method for 

measuring the use of the bypass stack 

including date, time and duration. 

Recordkeeping and Reporting 

§ 62.16025 What records must I keep? 

You must maintain the items (as 

applicable) specified in paragraphs (a) 

through (n) of this section for a period 

of at least 5 years. All records must be 

available on site in either paper copy or 

computer-readable format that can be 

printed upon request, unless an 

alternative format is approved by the 

Administrator. 

(a) Date. Calendar date of each record. 

(b) Increments of progress. Copies of 

the final control plan and any additional 

notifications, reported under § 62.16030. 

(c) Operator Training. Documentation 

of the operator training procedures and 

records specified in paragraphs (c)(1) 

through (4) of this section. You must 

make available and readily accessible at 

the facility at all times for all SSI unit 

operators the documentation specified 

in paragraph (c)(1) of this section. 

(1) Documentation of the following 

operator training procedures and 

information: 

(i) Summary of the applicable 

standards under this subpart. 

(ii) Procedures for receiving, handling 

and feeding sewage sludge. 

(iii) Incinerator startup, shutdown, 

and malfunction preventative and 

corrective procedures. 

(iv) Procedures for maintaining proper 

combustion air supply levels. 

(v) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(vi) Monitoring procedures for 

demonstrating compliance with the 

incinerator operating limits. 

(vii) Reporting and recordkeeping 

procedures. 

(viii) Procedures for handling ash. 

(ix) A list of the materials burned 

during the performance test, if in 

addition to sewage sludge. 

(x) For each qualified operator and 

other plant personnel who may operate 

the unit according to the provisions of 

§ 62.15945(a), the phone and/or pager 

number at which they can be reached 

during operating hours. 

(2) Records showing the names of SSI 

unit operators and other plant personnel 

who may operate the unit according to 

the provisions of § 62.15945(a), as 

follows: 

(i) Records showing the names of SSI 

unit operators and other plant personnel 

who have completed review of the 

information in paragraph (c)(1) of this 

section as required by § 62.15950(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(ii) Records showing the names of the 

SSI operators who have completed the 

operator training requirements under 

§ 62.15920, met the criteria for 

qualification under § 62.15930, and 

maintained or renewed their 

qualification under § 62.15935 or 

§ 62.15940. Records must include 

documentation of training, including 

the dates of their initial qualification 

and all subsequent renewals of such 

qualifications. 

(3) Records showing the periods when 

no qualified operators were accessible 

for more than 8 hours, but less than 2 

weeks, as required in § 62.15945(a). 

(4) Records showing the periods when 

no qualified operators were accessible 

for 2 weeks or more along with copies 

of reports submitted as required in 

§ 62.15945(b). 

(d) Air pollution control device 

inspections. Records of the results of 

initial and annual air pollution control 

device inspections conducted as 

specified in §§ 62.15990 and 

62.16015(c), including any required 

maintenance and any repairs not 

completed within 10 days of an 

inspection or the timeframe established 

by the Administrator. 

(e) Performance test reports. (1) The 

results of the initial, annual and any 

subsequent performance tests conducted 

to determine compliance with the 

emission limits and standards and/or to 

establish operating limits, as applicable. 

(2) Retain a copy of the complete 

performance test report, including 

calculations. 

(3) Keep a record of the hourly dry 

sludge feed rate measured during 

performance test runs as specified in 

§ 62.16015(a)(2)(i). 

(4) Keep any necessary records to 

demonstrate that the performance test 

was conducted under conditions 

representative of normal operations, 

including a record of the moisture 

content measured as required in 

§ 62.16015(a)(2)(ii) for each grab sample 

taken of the sewage sludge burned 

during the performance test. 

(f) Continuous monitoring data. 

Records of the following data, as 

applicable: 

(1) For continuous emissions 

monitoring systems, all 1-hour average 

concentrations of particulate matter, 

hydrogen chloride, carbon monoxide, 

dioxins/furans total mass basis, 

mercury, nitrogen oxides, sulfur 

dioxide, cadmium and lead emissions. 

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(2) For continuous automated 

sampling systems, all average 

concentrations measured for mercury 

and dioxins/furans total mass basis at 

the frequencies specified in your 

monitoring plan. 

(3) For continuous parameter 

monitoring systems: 

(i) All 1-hour average values recorded 

for the following operating parameters, 

as applicable: 

(A) Combustion chamber operating 

temperature (or afterburner 

temperature). 

(B) If a wet scrubber is used to comply 

with the rule, pressure drop across each 

wet scrubber system and liquid flow 

rate to each wet scrubber used to 

comply with the emission limit in Table 

2 or 3 to this subpart for particulate 

matter, cadmium or lead and scrubber 

liquid flow rate and scrubber liquid pH 

for each wet scrubber used to comply 

with an emission limit in Table 2 or 3 

to this subpart for sulfur dioxide or 

hydrogen chloride. 

(C) If an electrostatic precipitator is 

used to comply with the rule, secondary 

voltage of the electrostatic precipitator 

collection plates and secondary 

amperage of the electrostatic 

precipitator collection plates and 

effluent water flow rate at the outlet of 

the wet electrostatic precipitator. 

(D) If activated carbon injection is 

used to comply with the rule, sorbent 

flow rate and carrier gas flow rate or 

pressure drop, as applicable. 

(ii) All daily average values recorded 

for the feed rate and moisture content of 

the sewage sludge fed to the sewage 

sludge incinerator, monitored and 

calculated as specified in § 62.15960(f). 

(iii) If a fabric filter is used to comply 

with the rule, 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 § 62.16005. 

(iv) For other control devices for 

which you must establish operating 

limits under § 62.15965, you must 

maintain data collected for all operating 

parameters used to determine 

compliance with the operating limits, at 

the frequencies specified in your 

monitoring plan. 

(g) Other records for continuous 

monitoring systems. You must keep the 

following records, as applicable: 

(1) Keep records of any notifications 

to the Administrator in § 60.4915(h)(1) 

of starting or stopping use of a 

continuous monitoring system for 

determining compliance with any 

emissions limit. 

(2) Keep records of any requests under 

§ 62.16015(b)(5) that compliance with 

the emission limits be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. 

(3) If activated carbon injection is 

used to comply with the rule, the type 

of sorbent used and any changes in the 

type of sorbent used. 

(h) Deviation Reports. Records of any 

deviation reports submitted under 

§ 62.16030(e) and (f). 

(i) Equipment specifications and 

operation and maintenance 

requirements. Equipment specifications 

and related operation and maintenance 

requirements received from vendors for 

the incinerator, emission controls and 

monitoring equipment. 

(j) Inspections, calibrations and 

validation checks of monitoring devices. 

Records of inspections, calibration and 

validation checks of any monitoring 

devices as required under §§ 62.16015 

and 62.16020. 

(k) Monitoring plan and performance 

evaluations for continuous monitoring 

systems. Records of the monitoring 

plans required under § 62.15995, and 

records of performance evaluations 

required under § 62.16000(b)(5). 

(l) Less frequent testing. If, consistent 

with § 62.16000(a)(3), you elect to 

conduct performance tests less 

frequently than annually, you must keep 

annual records that document that your 

emissions in the two previous 

consecutive years were at or below 75 

percent of the applicable emission limit 

in Table 1 or 2 to this subpart, and 

document that there were no changes in 

source operations or air pollution 

control equipment that would cause 

emissions of the relevant pollutant to 

increase within the past 2 years. 

(m) Use of bypass stack. Records 

indicating use of the bypass stack, 

including dates, times and durations as 

required under § 62.16020(d). 

(n) If a malfunction occurs, you must 

keep a record of the information 

submitted in your annual report in 

§ 62.16030(c)(16). 

§ 62.16030 What reports must I submit? 

You must submit the reports to the 

Administrator specified in paragraphs 

(a) through (i) of this section. See Table 

6 to this subpart for a summary of these 

reports. 

(a) Increments of progress report. If 

you plan to achieve compliance more 

than 1 year following the effective date 

of state plan approval, you must submit 

the following reports, as applicable: 

(1) A final control plan as specified in 

§§ 62.15875(b)(1) and 62.15900. 

(2) You must submit your notification 

of achievement of increments of 

progress no later than 10 business days 

after the compliance date for the 

increment as specified in §§ 62.15885 

and 62.15890. 

(3) 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, as specified in § 62.15895. 

(4) If you plan to close your SSI unit 

rather than comply with the Federal 

Plan, submit a closure notification as 

specified in § 62.15915. 

(b) Initial compliance report. You 

must submit the following information 

no later than 60 days following the 

initial performance test. 

(1) Company name, physical address 

and mailing address. 

(2) Statement by a responsible official, 

with that official’s name, title and 

signature, certifying the accuracy of the 

content of the report. 

(3) Date of report. 

(4) The complete test report for the 

initial performance test results obtained 

by using the test methods specified in 

Table 2 or 3 to this subpart. 

(5) If an initial performance 

evaluation of a continuous monitoring 

system was conducted, the results of 

that initial performance evaluation. 

(6) The values for the site-specific 

operating limits established pursuant to 

§§ 62.15960 and 62.15965 and the 

calculations and methods, as applicable, 

used to establish each operating limit. 

(7) If you are using a fabric filter to 

comply with the emission limits, 

documentation that a bag leak detection 

system has been installed and is being 

operated, calibrated, and maintained as 

required by § 62.15960(b). 

(8) The results of the initial air 

pollution control device inspection 

required in § 62.15990, including a 

description of repairs. 

(9) The site-specific monitoring plan 

required under § 62.15995, at least 60 

days before your initial performance 

evaluation of your continuous 

monitoring system. 

(10) The site-specific monitoring plan 

for your ash handling system required 

under § 62.15995, at least 60 days before 

your initial performance test to 

demonstrate compliance with your 

fugitive ash emission limit. 

(c) Annual compliance report. You 

must submit an annual compliance 

report that includes the items listed in 

paragraphs (c)(1) through (16) of this 

section for the reporting period 

specified in paragraph (c)(3) of this 

section. You must submit your first 

annual compliance report no later than 

12 months following the submission of 

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the initial compliance report in 

paragraph (b) of this section. You must 

submit subsequent annual compliance 

reports no more than 12 months 

following the previous annual 

compliance report. (You may be 

required to submit similar or additional 

compliance information more frequently 

by the title V operating permit required 

in § 62.16035.) 

(1) Company name, physical address 

and mailing address. 

(2) Statement by a responsible official, 

with that official’s name, title and 

signature, certifying the accuracy of the 

content of the report. 

(3) Date of report and beginning and 

ending dates of the reporting period. 

(4) If a performance test was 

conducted during the reporting period, 

the results of that performance test. 

(i) If operating limits were established 

during the performance test, include the 

value for each operating limit and, as 

applicable, the method used to establish 

each operating limit, including 

calculations. 

(ii) If activated carbon is used during 

the performance test, include the type of 

activated carbon used. 

(5) For each pollutant and operating 

parameter recorded using a continuous 

monitoring system, the highest average 

value and lowest average value recorded 

during the reporting period, as follows: 

(i) For continuous emission 

monitoring systems and continuous 

automated sampling systems, report the 

highest and lowest 24-hour average 

emission value. 

(ii) For continuous parameter 

monitoring systems, report the 

following values: 

(A) For all operating parameters 

except scrubber liquid pH, the highest 

and lowest 12-hour average values. 

(B) For scrubber liquid pH, the 

highest and lowest 3-hour average 

values. 

(6) If there are no deviations during 

the reporting period from any emission 

limit, emission standard or operating 

limit that applies to you, a statement 

that there were no deviations from the 

emission limits, emission standard or 

operating limits. 

(7) Information for bag leak detection 

systems recorded under 

§ 62.16025(f)(3)(iii). 

(8) If a performance evaluation of a 

continuous monitoring system was 

conducted, the results of that 

performance evaluation. If new 

operating limits were established during 

the performance evaluation, include 

your calculations for establishing those 

operating limits. 

(9) If you elect to conduct 

performance tests less frequently as 

allowed in § 62.16000(a)(3) and did not 

conduct a performance test during the 

reporting period, you must include the 

dates of the last two performance tests, 

a comparison of the emission level you 

achieved in the last two performance 

tests to the 75 percent emission limit 

threshold specified in § 62.16000(a)(3), 

and a statement as to whether there 

have been any process changes and 

whether the process change resulted in 

an increase in emissions. 

(10) Documentation of periods when 

all qualified sewage sludge incineration 

unit operators were unavailable for 

more than 8 hours, but less than 2 

weeks. 

(11) Results of annual air pollution 

control device inspections recorded 

under § 62.16025(d) for the reporting 

period, including a description of 

repairs. 

(12) If there were no periods during 

the reporting period when your 

continuous monitoring systems had a 

malfunction, a statement that there were 

no periods during which your 

continuous monitoring systems had a 

malfunction. 

(13) If there were no periods during 

the reporting period when a continuous 

monitoring system was out of control, a 

statement that there were no periods 

during which your continuous 

monitoring systems were out of control. 

(14) If there were no operator training 

deviations, a statement that there were 

no such deviations during the reporting 

period. 

(15) If you did not make revisions to 

your site-specific monitoring plan 

during the reporting period, a statement 

that you did not make any revisions to 

your site-specific monitoring plan 

during the reporting period. If you made 

revisions to your site-specific 

monitoring plan during the reporting 

period, a copy of the revised plan. 

(16) 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. 

(d) Deviation reports. (1) You must 

submit a deviation report if: 

(i) Any recorded operating parameter 

level, based on the averaging time 

specified in Table 4 to this subpart, is 

above the maximum operating limit or 

below the minimum operating limit 

established under this subpart. 

(ii) The bag leak detection system 

alarm sounds for more than 5 percent of 

the operating time for the 6-month 

reporting period. 

(iii) Any recorded 24-hour block 

average emissions level is above the 

emission limit, if a continuous 

monitoring system is used to comply 

with an emission limit. 

(iv) There are visible emissions of 

combustion ash from an ash conveying 

system for more than 5 percent of any 

compliance test hourly observation 

period. 

(v) A performance test was conducted 

that deviated from any emission limit in 

Table 2 or 3 to this subpart. 

(vi) A continuous monitoring system 

was out of control. 

(vii) You had a malfunction (e.g., 

continuous monitoring system 

malfunction) that caused or may have 

caused any applicable emission limit to 

be exceeded. 

(2) 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). 

(3) For each deviation where you are 

using a continuous monitoring system 

to comply with an associated emission 

limit or operating limit, report the items 

described in paragraphs (d)(3)(i) through 

(viii) of this section. 

(i) Company name, physical address 

and mailing address. 

(ii) Statement by a responsible 

official, with that official’s name, title 

and signature, certifying the accuracy of 

the content of the report. 

(iii) The calendar dates and times 

your unit deviated from the emission 

limits, emission standards or operating 

limits requirements. 

(iv) The averaged and recorded data 

for those dates. 

(v) Duration and cause of each 

deviation from the following: 

(A) Emission limits, emission 

standards, operating limits and your 

corrective actions. 

(B) Bypass events and your corrective 

actions. 

(vi) Dates, times and causes for 

monitor downtime incidents. 

(vii) A copy of the operating 

parameter monitoring data during each 

deviation and any test report that 

documents the emission levels. 

(viii) If there were periods during 

which the continuous monitoring 

system malfunctioned or was out of 

control, you must include the following 

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information for each deviation from an 

emission limit or operating limit: 

(A) The date and time that each 

malfunction started and stopped. 

(B) The date, time and duration that 

each continuous monitoring system was 

inoperative, except for zero (low-level) 

and high-level checks. 

(C) 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. 

(D) The date and time that each 

deviation started and stopped, and 

whether each deviation occurred during 

a period of malfunction, during a period 

when the system as out of control or 

during another period. 

(E) A summary of the total duration of 

the deviation during the reporting 

period, and the total duration as a 

percent of the total source operating 

time during that reporting period. 

(F) A breakdown of the total duration 

of the deviations during the reporting 

period into those that are due to control 

equipment problems, process problems, 

other known causes and other unknown 

causes. 

(G) 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 

SSI unit at which the continuous 

monitoring system downtime occurred 

during that reporting period. 

(H) An identification of each 

parameter and pollutant that was 

monitored at the SSI unit. 

(I) A brief description of the SSI unit. 

(J) A brief description of the 

continuous monitoring system. 

(K) The date of the latest continuous 

monitoring system certification or audit. 

(L) A description of any changes in 

continuous monitoring system, 

processes, or controls since the last 

reporting period. 

(4) For each deviation where you are 

not using a continuous monitoring 

system to comply with the associated 

emission limit or operating limit, report 

the following items: 

(i) Company name, physical address 

and mailing address. 

(ii) Statement by a responsible 

official, with that official’s name, title 

and signature, certifying the accuracy of 

the content of the report. 

(iii) The total operating time of each 

affected source during the reporting 

period. 

(iv) The calendar dates and times your 

unit deviated from the emission limits, 

emission standards or operating limits 

requirements. 

(v) The averaged and recorded data 

for those dates. 

(vi) Duration and cause of each 

deviation from the following: 

(A) Emission limits, emission 

standards, operating limits and your 

corrective actions. 

(B) Bypass events and your corrective 

actions. 

(vii) A copy of any performance test 

report that showed a deviation from the 

emission limits or standards. 

(viii) A brief description of any 

malfunction reported in paragraph 

(d)(1)(vii) of this section, including a 

description of actions taken during the 

malfunction to minimize emissions in 

accordance with § 60.11(d) and to 

correct the malfunction. 

(e) Qualified operator deviation. (1) If 

all qualified operators are not accessible 

for 2 weeks or more, you must take the 

two actions in paragraphs (e)(1)(i) and 

(ii) of this section. 

(i) Submit a notification of the 

deviation within 10 days that includes 

the three items in paragraphs (e)(1)(i)(A) 

through(C) of this section. 

(A) A statement of what caused the 

deviation. 

(B) A description of actions taken to 

ensure that a qualified operator is 

accessible. 

(C) The date when you anticipate that 

a qualified operator will be available. 

(ii) Submit a status report to the 

Administrator every 4 weeks that 

includes the three items in paragraphs 

(e)(1)(ii)(A) through (C) of this section. 

(A) A description of actions taken to 

ensure that a qualified operator is 

accessible. 

(B) The date when you anticipate that 

a qualified operator will be accessible. 

(C) Request for approval from the 

Administrator to continue operation of 

the SSI unit. 

(2) If your unit was shut down by the 

Administrator, under the provisions of 

§ 62.15945(b)(2)(i), due to a failure to 

provide an accessible qualified operator, 

you must notify the Administrator 

within five days of meeting 

§ 62.15945(b)(2)(ii) that you are 

resuming operation. 

(f) Notification of a force majeure. If 

a force majeure is about to occur, 

occurs, or has occurred for which you 

intend to assert a claim of force majeure: 

(1) You must notify the 

Administrator, in writing as soon as 

practicable following the date you first 

knew, or through due diligence, should 

have known that the event may cause or 

caused a delay in conducting a 

performance test beyond the regulatory 

deadline, but the notification must 

occur before the performance test 

deadline unless the initial force majeure 

or a subsequent force majeure event 

delays the notice, and in such cases, the 

notification must occur as soon as 

practicable. 

(2) You must provide to the 

Administrator a written description of 

the force majeure event and a rationale 

for attributing the delay in conducting 

the performance test beyond the 

regulatory deadline to the force majeure; 

describe the measures taken or to be 

taken to minimize the delay; and 

identify a date by which you propose to 

conduct the performance test. 

(g) Other notifications and reports 

required. You must submit other 

notifications as provided by § 60.7 and 

as follows: 

(1) You must notify the Administrator 

1 month before starting or stopping use 

of a continuous monitoring system for 

determining compliance with any 

emission limit. 

(2) You must notify the Administrator 

at least 30 days prior to any 

performance test conducted to comply 

with the provisions of this subpart, to 

afford the Administrator the 

opportunity to have an observer present. 

(3) As specified in § 62.16015(a)(8), 

you must notify the Administrator at 

least 7 days prior to the date of a 

rescheduled performance test for which 

notification was previously made in 

paragraph (g)(2) of this section. 

(h) Report submission form. (1) 

Submit initial, annual and deviation 

reports electronically or in paper format, 

postmarked on or before the submittal 

due dates. 

(2) Submit performance tests and 

evaluations according to paragraphs (i) 

and (ii) below. 

(i) Within 60 days after the date of 

completing each performance test (see 

§ 60.8) required by this subpart, you 

must submit the results of the 

performance test according to the 

method specified by either paragraph 

(A) or (B) of this section. 

(A) For data collected using test 

methods supported by the EPA’s 

Electronic Reporting Tool (ERT) as 

listed on the EPA’s ERT Web site 

(http://www.epa.gov/ttn/chief/ert/

index.html), you must submit the results 

of the performance test to the 

Compliance and Emissions Data 

Reporting Interface (CEDRI) that is 

accessed through the EPA’s Central Data 

Exchange (CDX) (http://cdx.epa.gov/

epa_home.asp), unless the 

Administrator approves another 

approach. Performance test data must be 

submitted in a file format generated 

through the use of the EPA’s ERT. If you 

claim that some of the performance test 

information being transmitted is 

confidential business information (CBI), 

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you must submit a complete file 

generated through the use of the EPA’s 

ERT, including information claimed to 

be CBI, on a compact disk, flash drive, 

or other commonly used electronic 

storage media to the EPA. The electronic 

media must be clearly marked as CBI 

and mailed to U.S. EPA/OAPQS/CORE 

CBI Office, Attention: Group Leader, 

Measurement Policy Group, MD C404– 

02, 4930 Old Page Rd., Durham, NC 

27703. The same ERT file with the CBI 

omitted must be submitted to the EPA 

via CDX as described earlier in this 

paragraph. 

(B) For any performance tests 

conducted using test methods that are 

not supported by the EPA’s ERT as 

listed on the EPA’s ERT Web site, you 

must submit the results of the 

performance test to the Administrator at 

the appropriate address listed in § 60.4. 

(ii) Within 60 days after the date of 

completing each CEMS performance 

evaluation (as defined in § 63.2), you 

must submit the results of the 

performance evaluation according to the 

method specified by either paragraph 

(A) or (B) of this section. 

(A) For data collection of relative 

accuracy test audit (RATA) pollutants 

that are supported by the EPA’s ERT as 

listed on the EPA’s ERT Web site, you 

must submit the results of the 

performance evaluation to the CEDRI 

that is accessed through the EPA’s CDX, 

unless the Administrator approves 

another approach. Performance 

evaluation data must be submitted in a 

file format generated through the use of 

the EPA’s ERT. If you claim that some 

of the performance evaluation 

information being transmitted is CBI, 

you must submit a complete file 

generated through the use of the EPA’s 

ERT, including information claimed to 

be CBI, on a compact disk or other 

commonly used electronic storage 

media (including, but not limited to, 

flash drives) by registered letter to the 

EPA. The compact disk shall be clearly 

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

OAPQS/CORE CBI Office, Attention: 

Group Leader, Measurement Policy 

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

Durham, NC 27703. The same ERT file 

with the CBI omitted must be submitted 

to the EPA via CDX as described earlier 

in this paragraph. 

(B) For any performance evaluations 

with RATA pollutants that are not 

supported by the EPA’s ERT as listed on 

the EPA’s ERT Web site, you shall 

submit the results of the performance 

evaluation to the Administrator at the 

appropriate address listed in § 60.4. 

(3) Changing report dates. 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 

§ 62.16035 Am I required to apply for and 

obtain a Title V operating permit for my 

existing SSI unit? 

Yes, if you are subject to an applicable 

EPA-approved and effective CAA 

section 111(d)/129 state or tribal plan or 

an applicable and effective Federal Plan, 

you are required to apply for and obtain 

a Title V operating permit for your 

existing SSI unit unless you meet the 

relevant requirements for an exemption 

specified in § 62.15860. 

§ 62.16040 When must I submit a Title V 

permit application for my existing SSI unit? 

(a) If your existing SSI unit is not 

subject to an earlier permit application 

deadline, a complete title V permit 

application must be submitted on or 

before the earlier of the dates specified 

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

section. (See sections 129(e), 503(c), 

503(d), and 502(a) of the Clean Air Act 

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

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

(1) 12 months after the effective date 

of any applicable EPA-approved Clean 

Air Act section 111(d)/129 state or tribal 

plan. 

(2) 12 months after the effective date 

of any applicable Federal Plan. 

(3) March 21, 2014. 

(b) For any existing unit not subject to 

an earlier permit application deadline, 

the application deadline of 36 months 

after the promulgation of 40 CFR part 

60, subpart MMMM applies regardless 

of whether or when any applicable 

Federal Plan is effective, or whether or 

when any applicable Clean Air Act 

section 111(d)/129 state or tribal plan is 

approved by the EPA and becomes 

effective. 

(c) If your existing unit is subject to 

title V as a result of some triggering 

requirement(s) other than those 

specified in paragraphs (a) and (b) of 

this section (for example, a unit may be 

a major source or part of a major 

source), then your unit may be required 

to apply for a title V permit prior to the 

deadlines specified in paragraphs (a) 

and (b). If more than one requirement 

triggers a source’s obligation to apply for 

a title V permit, the 12-month time 

frame for filing a title V permit 

application is triggered by the 

requirement which first causes the 

source to be subject to title V. (See 

section 503(c) of the Clean Air Act and 

40 CFR 70.3(a) and (b), 40 CFR 

70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 

40 CFR 71.5(a)(1)(i).) 

(d) A ‘‘complete’’ title V permit 

application is one that has been 

determined or deemed complete by the 

relevant permitting authority under 

section 503(d) of the Clean Air Act and 

40 CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). 

You must submit a complete permit 

application by the relevant application 

deadline in order to operate after this 

date in compliance with federal law. 

(See sections 503(d) and 502(a) of the 

Clean Air Act and 40 CFR 70.7(b) and 

40 CFR 71.7(b).) 

Definitions 

§ 62.16045 What definitions must I know? 

Terms used but not defined in this 

subpart are defined in the Clean Air Act 

and § 60.2. 

Administrator means: 

(1) For units covered by the Federal 

Plan, the Administrator of the EPA or 

his/her authorized representative (e.g. 

delegated authority). 

(2) For units covered by an approved 

state plan, the director of the state air 

pollution control agency or his/her 

authorized representative. 

Affected source means a sewage 

sludge incineration unit as defined in 

§ 62.16045. 

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. 

Auxiliary fuel means natural gas, 

liquefied petroleum gas, fuel oil or 

diesel fuel. 

Bag leak detection system means an 

instrument that is capable of monitoring 

particulate matter loadings in the 

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

in order to detect bag failures. A bag 

leak detection system includes, but is 

not limited to, an instrument that 

operates on triboelectric, light 

scattering, light transmittance or other 

principle to monitor relative particulate 

matter loadings. 

Bypass stack means a device used for 

discharging combustion gases to avoid 

severe damage to the air pollution 

control device or other equipment. 

Calendar year means 365 consecutive 

days starting on January 1 and ending 

on December 31. 

Continuous automated sampling 

system means the total equipment and 

procedures for automated sample 

collection and sample recovery/analysis 

to determine a pollutant concentration 

or emission rate by collecting a single 

integrated sample(s) or multiple 

integrated sample(s) of the pollutant (or 

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diluent gas) for subsequent on- or offsite analysis; integrated sample(s) 

collected are representative of the 

emissions for the sample time as 

specified by the applicable requirement. 

Continuous emissions monitoring 

system means a monitoring system for 

continuously measuring and recording 

the emissions of a pollutant from an 

affected facility. 

Continuous monitoring system (CMS) 

means a continuous emissions 

monitoring system, continuous 

automated sampling system, continuous 

parameter monitoring system or other 

manual or automatic monitoring that is 

used for demonstrating compliance with 

an applicable regulation on a 

continuous basis as defined by this 

subpart. The term refers to the total 

equipment used to sample and 

condition (if applicable), to analyze and 

to provide a permanent record of 

emissions or process parameters. 

Continuous parameter monitoring 

system means a monitoring system for 

continuously measuring and recording 

operating conditions associated with air 

pollution control device systems (e.g., 

operating temperature, pressure and 

power). 

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 limit, 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. 

Dioxins/furans means tetra- through 

octa-chlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Electrostatic precipitator or wet 

electrostatic precipitator means an air 

pollution control device that uses both 

electrical forces and, if applicable, water 

to remove pollutants in the exit gas from 

a sewage sludge incinerator stack. 

Existing sewage sludge incineration 

unit means a sewage sludge incineration 

unit the construction of which is 

commenced on or before October 14, 

2010. 

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. 

Fluidized bed incinerator means an 

enclosed device in which organic matter 

and inorganic matter in sewage sludge 

are combusted in a bed of particles 

suspended in the combustion chamber 

gas. 

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control and monitoring equipment, 

process equipment or a process to 

operate in a normal or usual manner. 

Failures that are caused, in part, by poor 

maintenance or careless operation are 

not malfunctions. 

Modification means a change to an 

existing SSI unit later than September 

21, 2011 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 SSI unit (not 

including the cost of land) updated to 

current costs (current dollars). To 

determine what systems are within the 

boundary of the SSI unit used to 

calculate these costs, see the definition 

of SSI unit. 

(2) Any physical change in the SSI 

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. 

Modified sewage sludge incineration 

unit means an existing SSI unit that 

undergoes a modification, as defined in 

this section. 

Multiple hearth incinerator means a 

circular steel furnace that contains a 

number of solid refractory hearths and 

a central rotating shaft; rabble arms that 

are designed to slowly rake the sludge 

on the hearth are attached to the rotating 

shaft. Dewatered sludge enters at the top 

and proceeds downward through the 

furnace from hearth to hearth, pushed 

along by the rabble arms. 

Operating day means a 24-hour 

period between 12:00 midnight and the 

following midnight during which any 

amount of sewage sludge is combusted 

at any time in the SSI unit. 

Particulate matter means filterable 

particulate matter emitted from SSI 

units as measured by Method 5 at 40 

CFR part 60, appendix A–3 or Methods 

26A or 29 at 40 CFR part 60, appendix 

A–8. 

Power input to the electrostatic 

precipitator means the product of the 

test-run average secondary voltage and 

the test-run average secondary amperage 

to the electrostatic precipitator 

collection plates. 

Process change means a significant 

permit revision, but only with respect to 

those pollutant-specific emission units 

for which the proposed permit revision 

is applicable, including but not limited 

to: 

(1) A change in the process employed 

at the wastewater treatment facility 

associated with the affected SSI unit 

(e.g., the addition of tertiary treatment at 

the facility, which changes the method 

used for disposing of process solids and 

processing of the sludge prior to 

incineration). 

(2) A change in the air pollution 

control devices used to comply with the 

emission limits for the affected SSI unit 

(e.g., change in the sorbent used for 

activated carbon injection). 

Sewage sludge means solid, semisolid, or liquid residue generated during 

the treatment of domestic sewage in a 

treatment works. Sewage sludge 

includes, but is not limited to, domestic 

septage; scum or solids removed in 

primary, secondary or advanced 

wastewater treatment processes; and a 

material derived from sewage sludge. 

Sewage sludge does not include ash 

generated during the firing of sewage 

sludge in a sewage sludge incineration 

unit or grit and screenings generated 

during preliminary treatment of 

domestic sewage in a treatment works. 

Sewage sludge feed rate means the 

rate at which sewage sludge is fed into 

the incinerator unit. 

Sewage sludge incineration (SSI) unit 

means an incineration unit combusting 

sewage sludge for the purpose of 

reducing the volume of the sewage 

sludge by removing combustible matter. 

Sewage sludge incineration unit designs 

include fluidized bed and multiple 

hearth. AN SSI unit also includes, but 

is not limited to, the sewage sludge feed 

system, auxiliary fuel feed system, grate 

system, flue gas system, waste heat 

recovery equipment, if any, and bottom 

ash system. The SSI unit includes all 

ash handling systems connected to the 

bottom ash handling system. The 

combustion unit bottom ash system 

ends at the truck loading station or 

similar equipment that transfers the ash 

to final disposal. The SSI unit does not 

include air pollution control equipment 

or the stack. 

Shutdown means the period of time 

after all sewage sludge has been 

combusted in the primary chamber. 

Solid waste means any garbage, 

refuse, sewage 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 

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sources subject to permits under section 

402 of the Federal Water Pollution 

Control Act, as amended (33 U.S.C. 

1342), or source, special nuclear, or 

byproduct material as defined by the 

Atomic Energy Act of 1954, as amended 

(42 U.S.C. 2014). 

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 means the period of time 

between the activation, including the 

firing of fuels (e.g., natural gas or 

distillate oil), of the system and the first 

feed to the unit. 

Toxic equivalency means the product 

of the concentration of an individual 

dioxin isomer in an environmental 

mixture and the corresponding estimate 

of the compound-specific toxicity 

relative to tetrachlorinated dibenzo-pdioxin, referred to as the toxic 

equivalency factor for that compound. 

Table 5 to this subpart lists the toxic 

equivalency factors. 

Wet scrubber means an add-on air 

pollution control device that utilizes an 

aqueous or alkaline scrubbing liquid to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

You means the owner or operator of 

an affected SSI unit. 

Delegation of Authority 

§ 62.16050 What authorities will be 

retained by the EPA Administrator? 

The authorities that will not be 

delegated to state, local, or tribal 

agencies are specified in paragraphs (a) 

through (g) of this section. 

(a) Approval of alternatives to the 

emission limits and standards in Tables 

2 and 3 to this subpart and operating 

limits established under § 62.15965 or 

§ 62.15985. 

(b) Approval of major alternatives to 

test methods. 

(c) Approval of major alternatives to 

monitoring. 

(d) Approval of major alternatives to 

recordkeeping and reporting. 

(e) The requirements in § 62.15965. 

(f) The requirements in 

§ 62.15945(b)(2). 

(g) Performance test and data 

reduction waivers under § 60.8(b). 

TABLE 1 TO SUBPART LLL OF PART 62—INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDULES FOR EXISTING

SEWAGE SLUDGE INCINERATION UNITS

Comply with these increments of 

progress By these dates 

Increment 1—Submit final control 

plan.

[DATE 3 MONTHS FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. 

Increment 2—Final compliance ...... March 21, 2016. 

TABLE 2 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING FLUIDIZED BED SEWAGE

SLUDGE INCINERATION UNITS

For the air pollutant You must meet this emission limit a

Using these averaging methods 

and minimum sampling volumes 

or durations 

And determining compliance 

using this method 

Particulate matter .... 18 milligrams per dry standard cubic 

meter.

3-run average (collect a minimum volume of 1 dry standard cubic meters 

sample per run).

Performance test (Method 5 at 40 CFR 

part 60, appendix A–3; Method 26A 

or Method 29 at 40 CFR part 60, appendix A–8). 

Hydrogen chloride ... 0.51 parts per million by dry volume .... 3-run average (Collect a minimum volume of 1 dry standard cubic meters 

per run).

Performance test (Method 26A at 40 

CFR part 60, appendix A–8). 

Carbon monoxide .... 64 parts per million by dry volume ...... 3-run average (collect sample for a 

minimum duration of one hour per 

run).

Performance test (Method 10, 10A, or 

10B at 40 CFR part 60, appendix A– 

4). 

Dioxins/furans (total 

mass basis); or 

Dioxins/furans (toxic 

equivalency 

basis).b

1.2 nanograms per dry standard cubic 

meter (total mass basis); or 

0.10 nanograms per dry standard 

cubic meter (toxic equivalency basis).

3-run average (collect a minimum volume of 1 dry standard cubic meters 

per run).

Performance test (Method 23 at 40 

CFR part 60, appendix A–7). 

Mercury ................... 0.037 milligrams per dry standard 

cubic meter.

3-run average (For Method 29 and 

ASTM D6784–02 (Reapproved 

2008),c collect a minimum volume of 

1 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–8).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8; Method 

30B at 40 CFR part 60, appendix A– 

8; or ASTM D6784–02 (Reapproved 

2008).c

Oxides of nitrogen ... 150 parts per million by dry volume ..... 3-run average (Collect sample for a 

minimum duration of one hour per 

run).

Performance test (Method 7 or 7E at 

40 CFR part 60, appendix A–4). 

Sulfur dioxide .......... 15 parts per million by dry volume ....... 3-run average (For Method 6, collect a 

minimum volume of 60 liters per run. 

For Method 6C, collect sample for a 

minimum duration of one hour per 

run).

Performance test (Method 6 or 6C at 

40 CFR part 40, appendix A–4; or 

ANSI/ASME PTC–19.10–1981.c

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TABLE 2 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING FLUIDIZED BED SEWAGE

SLUDGE INCINERATION UNITS—Continued 

For the air pollutant You must meet this emission limit a

Using these averaging methods 

and minimum sampling volumes 

or durations 

And determining compliance 

using this method 

Cadmium ................. 0.0016 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 dry standard cubic meters 

per run).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8). Use 

GFAAS or ICP/MS for the analytical 

finish. 

Lead ........................ 0.0074 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 dry standard cubic meters 

sample per run).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8. Use 

GFAAS or ICP/MS for the analytical 

finish. 

Fugitive emissions 

from ash handling.

Visible emissions of combustion ash 

from an ash conveying system (including conveyor transfer points) for 

no more than 5 percent of any compliance test hourly observation period.

Three 1-hour observation periods ........ Visible emission test (Method 22 of appendix A–7 of this part). 

aAll emission limits are measured at 7 percent oxygen, dry basis at standard conditions. 

bYou have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic 

equivalency basis. c Incorporated by reference, see § 60.17. 

TABLE 3 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING MULTIPLE HEARTH SEWAGE

SLUDGE INCINERATION UNITS

For the air pollutant You must meet this emission limit a

Using these averaging methods 

and minimum sampling volumes 

or durations 

And determining compliance 

using this method 

Particulate matter .... 80 milligrams per dry standard cubic 

meter.

3-run average (collect a minimum volume of 0.75 dry standard cubic meters per run).Performance test (Method 5 at 40 CFR 

part 60, appendix A–3; Method 26A 

or Method 29 at 40 CFR part 60, appendix A–8). 

Hydrogen chloride ... 1.2 parts per million by dry volume ...... 3-run average (For Method 26, collect 

a minimum volume of 200 liters per 

run. For Method 26A, collect a minimum volume of 1 dry standard 

cubic meters per run).

Performance test (Method 26 or 26A 

at 40 CFR part 60, appendix A–8). 

Carbon monoxide .... 3,800 parts per million by dry volume .. 3-run average (collect sample for a 

minimum duration of one hour per 

run).

Performance test (Method 10, 10A, or 

10B at 40 CFR part 60, appendix A– 

4). 

Dioxins/furans (total 

mass basis).

Dioxins/furans (toxic 

equivalency 

basis).b

5.0 nanograms per dry standard cubic 

meter; or.

0.32 nanograms per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 dry standard cubic meters 

per run).

Performance test (Method 23 at 40 

CFR part 60, appendix A–7). 

Mercury ................... 0.28 milligrams per dry standard cubic 

meter.

3-run average (For Method 29 and 

ASTM D6784–02 (Reapproved 

2008),c collect a minimum volume of 

1 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–8).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8; Method 

30B at 40 CFR part 60, appendix A– 

8; or ASTM D6784–02 (Reapproved 

2008).c

Oxides of nitrogen ... 220 parts per million by dry volume ..... 3-run average (Collect sample for a 

minimum duration of one hour per 

run).

Performance test (Method 7 or 7E at 

40 CFR part 60, appendix A–4). 

Sulfur dioxide .......... 26 parts per million by dry volume ....... 3-run average (For Method 6, collect a 

minimum volume of 200 liters per 

run. For Method 6C, collect sample 

for a minimum duration of one hour 

per run).

Performance test (Method 6 or 6C at 

40 CFR part 40, appendix A–4; or 

ANSI/ASME PTC 19.10–1981.c

Cadmium ................. 0.095 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 dry standard cubic meters 

per run).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8). 

Lead ........................ 0.30 milligrams per dry standard cubic 

meter.

3-run average (collect a minimum volume of 1 dry standard cubic meters 

per run).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8. 

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TABLE 3 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING MULTIPLE HEARTH SEWAGE

SLUDGE INCINERATION UNITS—Continued 

For the air pollutant You must meet this emission limit a

Using these averaging methods 

and minimum sampling volumes 

or durations 

And determining compliance 

using this method 

Fugitive emissions 

from ash handling.

Visible emissions of combustion ash 

from an ash conveying system (including conveyor transfer points) for 

no more than 5 percent of any compliance test hourly observation period.

Three 1-hour observation periods ........ Visible emission test (Method 22 of appendix A–7 of this part). 

aAll emission limits are measured at 7 percent oxygen, dry basis at standard conditions. 

bYou have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic 

equivalency basis. c Incorporated by reference, see § 60.17. 

TABLE 4 TO SUBPART LLL OF PART 62—OPERATING PARAMETERS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS a

For these operating parameters You must establish 

these operating limits 

And monitor using these minimum frequencies 

Data measurement Data recording b Data averaging period for compliance 

All sewage sludge incineration units 

Combustion chamber operating temperature 

(not required if afterburner temperature is 

monitored).

Minimum combustion chamber 

operating temperature or afterburner temperature.

Continuous ... Every 15 minutes ..... 12-hour block. 

Fugitive emissions from ash handling .......... Site-specific operating requirements.Not applicable.No applicable ........... Not applicable. 

Scrubber 

Pressure drop across each wet scrubber .... Minimum pressure drop ................ Continuous ... Every 15 minutes ..... 12-hour block.

Scrubber liquid flow rate ............................... Minimum flow rate ........................ Continuous ... Every 15 minutes ..... 12-hour block. 

Scrubber liquid pH ........................................ Minimum pH .................................. Continuous ... Every 15 minutes ..... 3-hour block. 

Fabric Filter 

Alarm time of the bag leak detection system 

alarm.

Maximum alarm time of the bag 

leak detection system alarm 

(this operating limit is provided 

in § 60.4850 and is not established on a site-specific basis).

Electrostatic precipitator 

Secondary voltage of the electrostatic precipitator collection plates.

Secondary amperage of the electrostatic 

precipitator collection plates.

Minimum power input to the electrostatic precipitator collection 

plates.

Continuous ... Hourly ....................... 12-hour block. 

Effluent water flow rate at the outlet of the 

electrostatic precipitator.

Minimum effluent water flow rate 

at the outlet of the electrostatic 

precipitator.

Hourly ........... Hourly ....................... 12-hour block. 

Activated carbon injection 

Mercury sorbent injection rate ...................... Minimum mercury sorbent injection rate.Hourly ........... Hourly ....................... 12-hour block. 

Dioxin/furan sorbent injection rate ................ Minimum dioxin/furan sorbent injection rate.

Carrier gas flow rate or carrier gas pressure 

drop.

Minimum carrier gas flow rate or 

minimum carrier gas pressure 

drop.

Continuous ... Every 15 minutes ..... 12-hour block. 

Afterburner 

Temperature of the afterburner combustion 

chamber.

Minimum temperature of the afterburner combustion chamber.Continuous ... Every 15 minutes ..... 12-hour block. 

aAs specified in § 62.15985, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing certain operating limits. bThis recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data 

recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour 

or 3-hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages. 

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TABLE 5 TO SUBPART LLL OF PART 62—TOXIC EQUIVALENCY FACTORS

Dioxin/Furan isomer 

Toxic 

equivalency 

factor 

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

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

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 .0003 

2,3,7,8-tetrachlorinated dibenzofuran .................................................................................................................................................. 0 .1 

2,3,4,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 0 .3 

1,2,3,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 0 .03 

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 .0003 

TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE

INCINERATION UNITS a

Report Due date Contents Reference 

Increments of progress report No later than 10 business days after the 

compliance date for the increment.

1. Final control plan including air pollution 

control device descriptions, process 

changes, type of waste to be burned, 

and the maximum design sewage 

sludge burning capacity.

2. Notification of any failure to meet an increment of progress.

3. Notification of any closure. 

§ 62.16030(a). 

Initial compliance report .......... No later than 60 days following the initial 

performance test.

1. Company name and address .................

2. Statement by a responsible official, with 

that official’s name, title, and signature, 

certifying the accuracy of the content of 

the report.

3. Date of report. 

4. Complete test report for the initial performance test.

5. Results of CMSb performance evaluation.

6. The values for the site-specific operating limits and the calculations and 

methods used to establish each operating limit.

7. Documentation of installation of bag 

leak detection system for fabric filter.

8. Results of initial air pollution control device inspection, including a description 

of repairs.

9. The site-specific monitoring plan required under § 62.15995.

10. The site-specific monitoring plan for 

your ash handling system required 

under § 62.15995.

§ 62.16030(b). 

Annual compliance report ........ No later than 12 months following the submission of the initial compliance report; 

subsequent reports are to be submitted 

no more than 12 months following the 

previous report.

1. Company name and address. 

2. Statement and signature by responsible 

official.

3. Date and beginning and ending dates of 

report.

§ 62.16030(c) 

4. If a performance test was conducted 

during the reporting period, the results 

of the test, including any new operating 

limits and associated calculations and 

the type of activated carbon used, if applicable.

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23438 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 

TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE

INCINERATION UNITS a—Continued 

Report Due date Contents Reference 

5. For each pollutant and operating parameter recorded using a CMS, the highest 

recorded 3-hour average and the lowest 

recorded 3-hour average, as applicable.

6. If no deviations from emission limits, 

emission standards, or operating limits 

occurred, a statement that no deviations 

occurred.

7. If a fabric filter is used, the date, time, 

and duration of alarms..

8. If a performance evaluation of a CMS 

was conducted, the results, including 

any new operating limits and their associated calculations.

9. If you met the requirements of 

§ 62.16000(a)(3) and did not conduct a 

performance test, include the dates of 

the last three performance tests, a comparison to the 50 percent emission limit 

threshold of the emission level achieved 

in the last three performance tests, and 

a statement as to whether there have 

been any process changes.

10. Documentation of periods when all 

qualified SSI unit operators were unavailable for more than 8 hours but less 

than 2 weeks.

11. Results of annual pollutions control device inspections, including description of 

repairs.

12. If there were no periods during which 

your CMSs had malfunctions, a statement that there were no periods during 

which your CMSs had malfunctions.

13. If there were no periods during which 

your CMSs were out of control, a statement that there were no periods during 

which your CMSs were out of control.

14. If there were no operator training deviations, a statement that there were no 

such deviations.

15. Information on monitoring plan revisions, including a copy of any revised 

monitoring plan.

Deviation report (deviations 

from emission limits, emission standards, or operating 

limits, as specified in 

§ 62.16030(e)(1)).

By August 1 of a calendar year for data 

collected during the first half of the calendar year; by February 1 of a calendar 

year for data collected during the second half of the calendar year.

If using a CMS: 

1. Company name and address. 

2. Statement by a responsible official. 

3. The calendar dates and times your unit 

deviated from the emission limits or operating limits.

4. The averaged and recorded data for 

those dates.

§ 62.16030(d). 

5. Duration and cause of each deviation.

6. Dates, times, and causes for monitor 

downtime incidents.

7. A copy of the operating parameter monitoring data during each deviation and 

any test report that documents the emission levels.

8. For periods of CMS malfunction or 

when a CMS was out of control, you 

must include the information specified in 

§ 62.16030(d)(3)(viii).

If not using a CMS:.

1. Company name and address.

2. Statement by a responsible official.

3. The total operating time of each affected SSI.

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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 23439 

TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE

INCINERATION UNITS a—Continued 

Report Due date Contents Reference 

4. The calendar dates and times your unit 

deviated from the emission limits, emission standard, or operating limits.

5. The averaged and recorded data for 

those dates.

6. Duration and cause of each deviation.

7. A copy of any performance test report 

that showed a deviation from the emission limits or standards.

8. A brief description of any malfunction, a 

description of actions taken during the 

malfunction to minimize emissions, and 

corrective action taken.

Notification of qualified operator deviation (if all qualified 

operators are not accessible 

for 2 weeks or more).

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

2. Description of actions taken to ensure 

that a qualified operator will be available.

3. The date when a qualified operator will 

be accessible.

§ 62.16030(e). 

Notification of status of qualified operator deviation.Every 4 weeks following notification of deviation.1. Description of actions taken to ensure 

that a qualified operator is accessible.

2. The date when you anticipate that a 

qualified operator will be accessible.

3. Request for approval to continue operation.

§ 62.16030(e). 

Notification of resumed operation following shut down 

(due to qualified operator 

deviation and as specified in 

§ 62.15945(b)(2)(i).

Within five days of obtaining a qualified 

operator and resuming operation.

1. Notification that you have obtained a 

qualified operator and are resuming operation.

§ 62.16030(e). 

Notification of a force majeure As soon as practicable following the date 

you first knew, or through due diligence 

should have known that the event may 

cause or caused a delay in conducting a 

performance test beyond the regulatory 

deadline; the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the 

notice, and in such cases, the notification must occur as soon as practicable.

1. Description of the force majeure event ..

2. Rationale for attributing the delay in 

conducting the performance test beyond 

the regulatory deadline to the force 

majeure.

3. Description of the measures taken or to 

be taken to minimize the delay.

4. Identification of the date by which you 

propose to conduct the performance test.

§ 62.16030(f). 

Notification of intent to start or 

stop use of a CMS.

1 month before starting or stopping use of 

a CMS.

1. Intent to start or stop use of a CMS ...... § 62.16030(g). 

Notification of intent to conduct 

a performance test.

At least 30 days prior to the performance 

test.

1. Intent to conduct a performance test to 

comply with this subpart.

Notification of intent to conduct 

a rescheduled performance 

test.

At least 7 days prior to the date of a rescheduled performance test.1. Intent to conduct a rescheduled performance test to comply with this subpart.

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

b CMS means continuous monitoring system. 

[FR Doc. 2015–08777 Filed 4–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

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