32484 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60 and 62

[AD–FRL–6995–3]

RIN 2060–AJ46

Federal Plan Requirements for Small

Municipal Waste Combustion Units

Constructed On or Before August 30,

1999

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On December 6, 2000, EPA

adopted emission guidelines for existing

small municipal waste combustion

(MWC) units. Existing small MWC units

are those units on which construction

was commenced on or before August 30,

1999. Sections 111 and 129 of the Clean

Air Act (CAA) require States with

existing small MWC units subject to the

emission guidelines to submit plans to

EPA that implement and enforce the

emission guidelines. Indian Tribes may

submit, but are not required to submit,

Tribal plans to implement and enforce

the emission guidelines in Indian

country. State plans are due from States

with small MWC units subject to the

emission guidelines on December 6,

2001. If a State or Tribe with existing

small MWC units does not submit an

approvable plan within 2 years after

promulgation of the emission guidelines

(December 6, 2002), sections 111(d) and

129 of the CAA require EPA to develop,

implement, and enforce a Federal plan

for small MWC units located in that

State or Tribal jurisdiction. This action

proposes a Federal plan to implement

emission guidelines for small MWC

units located in States and Indian

country without EPA approved and

effective State or Tribal plans. This

Federal plan, when it is finalized, will

be an interim action because on the

effective date of an approved State or

Tribal plan, the Federal plan will no

longer apply to small MWC units

covered by the State or Tribal plan.

DATES: Comments. Comments on the

proposed small MWC Federal plan must

be received on or before August 13,

2001.

Public hearing. A public hearing will

be held if requests to speak are received

by June 29, 2001. For additional

information on the public hearing and

requesting to speak, see the

SUPPLEMENTARY INFORMATION section of

this preamble. The hearing would take

place approximately 30 days after June

14, 2001 and would begin at 10:00 a.m.

ADDRESSES: Comments. Submit

comments (in duplicate, if possible) to:

The Air and Radiation Docket and

Information Center (MC–6102),

Attention: Docket No. A–2000–39

(Federal plan for small municipal waste

combustion units), U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue, NW., Washington, DC 20460.

Comments and data may be filed

electronically by following the

instructions under the SUPPLEMENTARY

INFORMATION section of this preamble.

Public Hearing. If EPA receives

requests to speak, the hearing would

take place in Research Triangle Park,

North Carolina.

Docket. Docket No. A–2000–39

contains the supporting information for

this proposal. Docket Nos. A–89–08, A–

90–45, and A–98–18 contain the

supporting information for the EPA’s

promulgation of emission guidelines for

existing small MWC units. The dockets

are available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday, at EPA’s

Air and Radiation Docket and

Information Center (Mail Code 6102),

401 M Street, SW., Washington, DC

20460, or by calling (202) 260–7548.

The docket is located in Room M–1500,

Waterside Mall (ground floor, central

mall). The fax number for the Center is

(202) 260–4000 and the E-mail address

is ‘‘A-and-R-Docket@epa.gov’’. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Lalit Banker at (919) 541–5420, Program

Implementation and Review Group,

Information Transfer and Program

Integration Division (MD–12), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, email: banker.lalit@epa.gov. For

information regarding implementation

of this Federal plan, contact the

appropriate Regional Office (table 1) as

shown in SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION:

Comment Information. Comments

may be submitted electronically via

electronic mail (e-mail) or on disk.

Electronic comments on this proposed

rule may be filed via e-mail at most

Federal Depository Libraries. Please

submit E-mail comments to: ‘‘A-and-RDocket@epa.gov’’. Electronic comments

must be submitted as an American

Standard Code for Information

Interchange (ASCII) file avoiding the use

of special characters or encryption, if

possible. Comments and data will also

be accepted on disks or as an e-mail

attachment in WordPerfect 5.1, 6.1, or

Corel 8.0 file format or ASCII file

format. All comments and data for this

proposal, whether in paper form or

electronic forms such as through e-mail

or on diskette, must be identified by

Docket No. A–2000–39.

Persons wishing to submit proprietary

information for consideration must

clearly distinguish such information

from other comments by clearly labeling

it ‘‘Confidential Business Information’’

(CBI). Submit CBI directly to the

following address, and not the public

docket, to ensure that proprietary

information is not inadvertently placed

in the docket: Mr. Roberto Morales,

OAQPS Document Control Officer, 411

W. Chapel Hill Street, Room 740B,

Durham, North Carolina 27701.

Information covered by such a claim of

confidentiality will be disclosed by the

EPA only to the extent allowed and by

the procedures set forth in 40 CFR part

2. If no claim of confidentiality is made

with the submission, the submission

may be made available to the public

without further notice. No confidential

business information should be

submitted through e-mail.

Public Hearing. If timely requests to

speak at a public hearing are received by

June 29, 2001, a public hearing would

be held in Research Triangle Park, NC.

The public hearing will provide

interested parties the opportunity to

present data, views, or arguments

concerning the proposed Federal plan. If

you wish to speak at a public hearing,

you should notify Ms. Christine Adams

at (919) 541–5590.

Background Information. A list of

combustion related rules is available on

the Combustion Group website on the

EPA Technology Transfer Network

website (TTN Web) at http://

www.epa.gov/ttn/uatw/combust/

list.html. You may obtain Federal

Register notices, supporting

information, and docket indices for

these combustion related rules.

Regional Office Contacts. For

information regarding the

implementation of the small MWC

Federal plan, contact the appropriate

EPA Regional Office as shown in table

1.

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32485

TABLE 1.—EPA REGIONAL CONTACTS FOR MUNICIPAL WASTE COMBUSTORS

Regional contact Phone No. Fax No.

John Courcier, U.S. EPA, Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), John F. Kennedy Federal Bldg. (CAP), 1 Congress Street, Suite 1100, Boston,

MA 02114–2023 ................................................................................................................................... (617) 918–1659 (617) 918–1505

Ted Gardella, U.S. EPA, Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Air Program

Branch/25th Floor, 290 Broadway, New York, NY 10007–1866 ......................................................... (212) 637–3892

James B. Topsale, U.S. EPA, Region III (Delaware, District of Columbia, Maryland, Pennsylvania,

Virginia, West Virginia), 1650 Arch Street Philadelphia, PA 19103–2029 .......................................... (215) 814–2190 (215) 814–2124

Scott Davis, U.S. EPA, Region IV, (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Atlanta Federal Center APTMD/12th Floor 61 Forsyth Street,

SW, Atlanta, GA 30303–8960 .............................................................................................................. (404) 562–9127 (404) 562–9095

Douglas Aburano (AR–18J) ..................................................................................................................... (312) 353–6960 (312) 886–0617

Charles Hatten (AR–18J) ........................................................................................................................ (312) 886–6031 (312) 886–0617

John Paskevicz (AR–18H), U.S. EPA, Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 77 W. Jackson Blvd. Chicago, IL 60604–3507 ...................................................................... (312) 886–6084 (312) 886–5824

Kenneth Boyce, U.S. EPA, Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 1445

Ross Ave., Suite 1200, Dallas, TX 75202–2733 ................................................................................. (214) 665–7259 (214) 665–7263

Wayne Kaiser, U.S. EPA, Region VII (Iowa, Kansas, Missouri, Nebraska), 901 N. 5th Street, Kansas

City, KS 66101 ..................................................................................................................................... (913) 551–7603 (913) 551–7065

Mike Owens, U.S. EPA, Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming), 999 18th Street, Suite 300, Denver, CO 80202–2466 ............................................................. (303) 312–6440 (303) 312–6064

Mae Wang, U.S. EPA, Region IX (American Samoa, Arizona, California, Guam, Hawaii, Northern

Mariana Islands, Nevada) 75 Hawthorne Street, San Francisco, CA 94105 ...................................... (415) 744–1200 (415) 744–1076

Tracy Oliver, U.S. EPA, Region X (Alaska, Idaho, Oregon, Washington), 1200 Sixth Ave. Seattle,

WA 98101 ............................................................................................................................................ (206) 553–1388 (206) 553–0110

Regulated Entities. Entities regulated

by this action are existing small MWC

units with capacities to combust 35 to

250 tons per day of municipal solid

waste. The promulgation of this Federal

plan would affect the following

categories of sources:

Category NAICS codes SIC codes Examples of regulated entities

Industry, Federal government, and State/

local/ tribal governments.

562213; 92411 4953; 9511 Solid waste combustors or incinerators at

waste-to-energy facilities that generate

electricity or steam from the combustion

of garbage (typically municipal waste);

and solid waste combustors or incinerators at facilities that combust garbage

(typically municipal waste) and do not

recover energy from the waste.

This list is not intended to be

exhaustive, but rather provides a guide

regarding the entities EPA expects to be

regulated by this Federal plan. This

small MWC Federal plan would

primarily impact facilities in North

American Industrial Classification

System (NAICS) codes 562213 and

92411, formerly Standard Industrial

Classification (SIC) codes 4953 and

9511, respectively. Not all facilities

classified under these codes will be

affected. To determine whether a facility

will be regulated by this Federal plan,

carefully examine the applicability

criteria in §§ 62.15010 through 62.15035

of the proposed Federal plan. If you

have any questions regarding the

applicability of this action to your small

MWC unit contact the Regional Office

listed in Table 1.

Organization of This Document. The

following outline is provided to aid in

locating information in this preamble.

I. Background of MWC Regulations

II. What Are the Required Elements of the

Proposed Small MWC Federal Plan?

A. Legal Authority and Enforcement

Mechanism

B. Inventory of Affected MWC Units

C. Inventory of Emissions

D. Emission Limits

E. Compliance Schedules and Increments

of Progress

F. Record of Public Hearings

G. Testing, Monitoring, Recordkeeping,

and Reporting

H. Progress Reports

III. Affected Facilities

A. Which MWC Units Will be Affected by

the Small MWC Federal Plan?

B. How do I Determine If My Small MWC

Unit Is Covered by an Approved and

Currently Effective State or Tribal Plan?

IV. Summary of the Proposed Small MWC

Federal Plan

A. What Are the Subcategories of Small

MWC Units?

B. What Does the Federal Plan Require?

C. What Is the Compliance Schedule?

D. How Did EPA Determine the

Compliance Schedule?

E. How Do the Federal Plan Compliance

Dates Interact With the State Plan

Compliance Dates?

V. Implications for Closed Units, Units That

Plan To Close, and Units That Plan To

De-Rate

A. Dismantled Units

B. Units That Have Ceased Operation

C. Units That Will Cease Operation

Within 1 Year of the Effective Date of the

Federal Plan

D. Units That Will Cease Operation Later

Than 1 Year After the Effective Date of

the Federal Plan

E. Units That Will Cease Operation and

Plan To Restart After the Applicable

Final Compliance Date in the Federal

Plan

F. Units That Plan To De-rate

VI. 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

VII. Title V Operating Permits

VIII. Units Subject to the Federal Plan and

New Source Performance Standards

32486 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

IX. Amendment to Subpart A of 40 CFR

Part 62

X. Administrative Requirements

A. Executive Order 12866—Regulatory

Planning and Review

B. Executive Order 13132—Federalism

C. Executive Order 13084—Consultation

and Coordination With Indian Tribal

Governments

D. Executive Order 13045—Protection of

Children From Environmental Health

Risks and Safety Risks

E. Unfunded Mandates Reform Act

F. Regulatory Flexibility Act/Small

Business Regulatory Enforcement

Fairness Act of 1996 (SBREFA).

G. Paperwork Reduction Act

H. National Technology Transfer and

Advancement Act

I. Background of MWC Regulations

On December 6, 2000, EPA

promulgated emission guidelines for

existing small municipal waste

combustion units (40 CFR part 60,

subpart BBBB). Existing small MWC

units are those units on which

construction was commenced on or

before August 30, 1999. States with

existing small MWC units subject to the

emission guidelines are required to

submit to EPA a plan that implements

and enforces the subpart BBBB emission

guidelines within 1 year after

promulgation of the emission

guidelines, or by December 6, 2001.

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

EPA to develop, implement, and enforce

a Federal plan for small MWC units

located in States that have not

submitted an approvable plan within 2

years after promulgation of the

guidelines, or by December 6, 2002.

This action proposes a Federal plan for

small MWC units that are not covered

by an EPA approved and effective State

or Tribal plan. The EPA intends to make

this small MWC Federal plan effective

December 6, 2002. The elements of the

Federal plan are summarized in section

II of this preamble.

On December 19, 1995, EPA

promulgated emission guidelines (40

CFR part 60, subpart Cb) for large and

small MWC units. In 1997, the U.S.

Court of Appeals for the D.C. Circuit

vacated the emission guidelines as they

applied to small MWC units (Davis

County Solid Waste Management and

Recovery District v. EPA, 108 F. 3d

1454, D.C. Cir.1997). States or Tribes

with existing large MWC units subject to

the subpart Cb emission guidelines were

required to submit to EPA a State or

Tribal plan for those large units by

December 19, 1996. To regulate large

MWC units in areas without approved

and currently effective State or Tribal

plans, EPA promulgated a Federal plan

for large units (40 CFR part 62, subpart

FFF) on November 12, 1998. The

subpart FFF Federal plan and

previously submitted State plans apply

to only large MWC units. A separate

Federal plan and separate State plans

must be prepared to implement the

subpart BBBB emission guidelines for

small MWC units.

II. What Are The Required Elements of

the Proposed Small MWC Federal Plan?

Sections 111(d) and 129 of the CAA,

as amended, 42 U.S.C. 7411(d) and

7429(b)(2), require States to develop and

implement State plans for MWC units to

implement and enforce the MWC

emission guidelines. Subparts B and

BBBB of 40 CFR part 60 require States

to submit State plans that include

specified elements. Because this Federal

plan is being proposed in lieu of State

plans, it includes the same essential

elements: (1) Identification of legal

authority; (2) identification of

mechanisms for implementation; (3)

inventory of affected facilities; (4)

emission inventory; (5) emission limits;

(6) compliance schedules; (7) public

hearing requirements; (8) reporting and

recordkeeping requirements; and (9)

public progress reports. Each State plan

element is summarized below as it

relates to this proposed small MWC

Federal plan. Table 2 lists each element

and identifies where it is located or

codified.

TABLE 2.—REQUIRED ELEMENTS OF THE SMALL MWC FEDERAL PLAN

Required element of the small MWC Federal plan Location

Legal authority and enforcement mechanism .......................................................................................... Section 129(b)(3) of the CAA

Inventory of Affected MWC Units ............................................................................................................ Docket A–2000–39

Inventory of Emissions ............................................................................................................................. Docket A–2000–39

Emission Limits ........................................................................................................................................ 40 CFR 62.15155 through 62.15165

Compliance Schedules ............................................................................................................................ 40 CFR 62.15040 through 62.15095

Record of Public Hearings ....................................................................................................................... Docket A–2000–39

Testing, Monitoring, Recordkeeping, and Reporting ............................................................................... 40 CFR 62.15170 through 62.15360

Progress Reports ..................................................................................................................................... Section II.H of this preamble

A. Legal Authority and Enforcement

Mechanism

A State or Tribal plan must

demonstrate that the State or Tribe has

the legal authority to adopt and

implement the emission guidelines. (See

40 CFR 60.26.) In its plan, the State or

Tribe must identify the enforcement

mechanism for implementing the

emission guidelines, such as a State or

Tribal rule.

1. EPA’s Legal Authority in States

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 require the EPA to

develop a Federal plan for States that do

not submit approvable State plans.

2. EPA’s Legal Authority in Indian

Country

Section 301(a) provides EPA with the

authority to administer Federal

programs in Indian country. Section

301(d)(4) of the CAA authorizes the

Administrator to directly administer

provisions of the CAA where Tribal

implementation of those provisions is

not appropriate or is not

administratively feasible. See section VI

of this preamble for a more detailed

discussion of EPA’s authority to

administer the Federal plan for small

MWC units in Indian country.

The EPA is proposing this Federal

regulation under the legal authority of

the CAA to implement the emission

guidelines in those States and areas of

Indian country that do not have an EPA

approved and effective plan. As

discussed in section VI of this

document, implementation and

enforcement of the Federal plan may be

delegated to State or Tribal agencies

when requested by a State or Tribal

agency, and when EPA determines that

such delegation is appropriate.

B. Inventory of Affected MWC Units

As a required element, a State plan

must include a complete source

inventory of small MWC units affected

by the emission guidelines. Consistent

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32487

with the requirement for State plans to

include an inventory of small MWC

units, Docket No. A–2000–39 contains

an inventory of small MWC units that

may be covered by this proposed MWC

Federal plan. The inventory includes all

small MWC units because State plans

have not been submitted yet. The

inventory is contained in a

memorandum entitled ‘‘Inventory and

Emission Estimates for Small Municipal

Waste Combustor Units Covered by the

Proposed Section 111(d)/129 Federal

Plan.’’ The memorandum serves both

the small MWC unit inventory

requirement and the small MWC unit

emission inventory requirement, which

will be discussed in the following

section. The inventory is based on

information available to EPA during

development of the 2000 emission

guidelines.

The list of small MWC units in the

docket does not determine whether your

combustion unit is covered by the

proposed small MWC Federal plan.

Sources subject to the small MWC

Federal plan are not limited to the

sources listed in docket A–2000–39. The

Federal plan is likely to apply to only

a subset of the units listed in the

inventory because State plans covering

some of these units will likely be

approved and become effective before

the Federal plan becomes effective. See

§§ 62.15010 through 62.15035 of the

proposed subpart JJJ to determine

whether your combustion unit is

covered.

C. Inventory of Emissions

As a required element, a State plan

must include an emission inventory for

MWC units subject to the emission

guidelines. The pollutants to be

inventoried include dioxins/furans,

cadmium (Cd), lead (Pb), mercury (Hg),

particulate matter (PM), hydrogen

chloride (HCl), nitrogen oxides (NOx),

carbon monoxide (CO), and sulfur

dioxide (SO2). For this proposal, EPA

has estimated the emissions from each

small MWC unit that may be covered by

the Federal plan for all pollutants

regulated by the Federal plan. Pollutant

emissions are expressed in megagrams

per year (Mg/yr) for most pollutants and

grams per year (g/yr) for dioxins. The

emission inventory is based on

information known about the combustor

and uses emission factors contained in

‘‘Compilation of Air Pollutant Emission

Factors’’ (AP–42). Refer to the emission

estimates memorandum in Docket No.

A–2000–39 for the complete emissions

inventory and details on the

calculations.

D. Emission Limits

As a required element, a State plan

must include emission limits. Section

129(b)(2) requires these emission limits

to be ‘‘at least as protective as’’ those in

the emission guidelines. The emission

limits in this proposed small MWC

Federal plan are the same as those

contained in the emission guidelines (40

CFR part 60, subpart BBBB). See Tables

2 through 5 of subpart JJJ.

Operator Training and Certification.

The emission guidelines require

American Society of Mechanical

Engineers (ASME) or a comparable State

program for operator certification for

chief facility operators and shift

supervisors, and an EPA or comparable

State MWC operator training course for

chief facility operators. In the Federal

plan, ASME operator certification and

the EPA MWC operator training course

will be required. However, because

State plans may be submitted after

promulgation of the Federal plan, the

proposed Federal plan includes the

opportunity for States to submit a

comparable State program for operator

certification and comparable State MWC

training courses if the State expects this

information to be submitted as part of

the State plan. If States submit this

information to EPA before November 14,

2001, EPA intends to allow State

certification and State operator training

courses in the promulgated Federal plan

for those States.

E. Compliance Schedules and

Increments of Progress

As a required element, a State plan

must include compliance schedules for

retrofitting controls to comply with the

emission limits specified in the

emission guidelines. Because this

proposed MWC Federal plan is

implemented in lieu of State plans, the

compliance schedule includes the same

increments of progress as required in a

State plan. The Federal plan increments

of progress are consistent with the State

plan requirements in 40 CFR 60.24 of

subpart B and subpart BBBB. These

increments of progress are required for

compliance schedules that are longer

than 12 months. The increments of

progress in the proposed Federal plan

(and any approved State plan) are the

primary mechanism for ensuring

progress toward final compliance. Each

increment of progress has a specified

date for achievement.

This proposed Federal plan includes

five increments of progress for Class I

units and two increments of progress for

Class II units. A Class I small MWC unit

has the capacity to combust 35 to less

than or equal to 250 tons per day of

municipal solid waste and is located at

a MWC plant with an aggregate plant

capacity of greater than 250 tons per

day. A Class II small MWC unit is a

MWC unit with the capacity to combust

35 to less than or equal to 250 tons per

day of municipal solid waste and is

located at a MWC plant with an

aggregate plant capacity less than or

equal to 250 tons per day.

The increments of progress to be

measured for Class I units are: (1)

Submitting a final control plan, (2)

awarding contracts for control systems

or process modifications or orders for

purchase of components, (3) beginning

on-site construction or installation of

the air pollution control device(s) or

process changes, (4) completing on-site

construction or installation of the air

pollution control device(s) or process

changes, and (5) final compliance. For

Class II units, dates for only the first and

last increments are specified.

The MWC owner or operator is

responsible for meeting each of the

increments of progress for each MWC

unit no later than the applicable

compliance date. The owner or operator

must notify EPA as each increment of

progress is achieved (or missed). The

notification must identify the increment

and the date the achieved increment

was met (or missed). For an increment

achieved late, the notification must

identify the increment and the date the

increment was ultimately achieved. If

the increment was not achieved, the

reasons must be included in your

notification.

The owner or operator must sign the

notification and mail the (post-marked)

notification to the applicable EPA

Regional Office within 10 business days

of the increment date specified in the

Federal plan. (See table 1 under the

‘‘Supplementary Information’’ section of

this document for a list of Regional

Offices.) The definition of each

increment of progress follows:

Submit a Final Control Plan (Class I

and II units). To meet this increment,

the owner or operator of each small

MWC unit must submit a final control

plan describing the air pollution control

device(s) or process changes that will be

employed so that each small MWC unit

complies with the emission limits and

other requirements.

Award Contract (Class I units only).

To award a contract means the MWC

owner or operator enters into legally

binding agreements or contractual

obligations that cannot be canceled or

modified without substantial financial

loss to the owner or operator. The EPA

anticipates that the owner or operator

may award a number of contracts to

complete the retrofit. To meet this

32488 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

1The effective date of a State or Tribal plan from

EPA’s perspective (a State and Tribal may have an

earlier effective date) is 30 days after the State or

Tribal plan final approval is published in the

Federal Register if the final approval is via the

regular regulatory procedure of proposal with

opportunity for comment followed by

promulgation. If the approval is by direct final

rulemaking, the effective date of the State or Tribal

plan is 60 days after the approval is published in

the Federal Register, if no adverse comments are

received.

increment of progress, the MWC owner

or operator must award a contract or

contracts to initiate and complete onsite construction, initiate and complete

on-site installation of emission control

equipment, and/or incorporate process

changes. The owner or operator must

mail a copy of the contract(s) to EPA

within 10 business days of entering into

the contract(s).

Initiate On-site Construction (Class I

units only). To initiate on-site

construction, installation of air

pollution control device(s), or process

changes means to initiate on-site

construction and/or installation of

emission control equipment and initiate

the process changes outlined in the final

control plan.

Complete On-site Construction (Class

I units only). To complete on-site

construction means that all necessary

air pollution control device(s) or process

changes identified in the final control

plan are in place, on site, and ready for

operation on the MWC unit.

Final Compliance (Class I and II

units). To be in final compliance means

to incorporate all process changes or

complete retrofit construction as

designed in the final control plan. The

owner or operator must connect the air

pollution control equipment or process

changes with the affected facility

identified in the final control plan such

that if the affected facility is brought on

line all necessary process changes or air

pollution control equipment are

operating as designed. Within 180 days

after the date the facility is required to

achieve final compliance, the initial

performance test must be conducted. On

or after the date the initial performance

test is completed or is required to be

completed, whichever is earlier, no

pollutant may be discharged into the

atmosphere from an affected facility in

excess of the applicable emission limits.

F. Record of Public Hearings

As a required element of a State plan,

a State must include opportunity for

public participation in developing,

adopting, and implementing the State

plan. If requested, a public hearing will

be held for this small MWC Federal plan

in Research Triangle Park, NC. (See the

DATES section of this preamble.) The

hearing record will appear in Docket

No. A–2000–39. Written public

comments also are solicited. (See the

ADDRESSES section of this document.)

The EPA will review and consider the

oral and written comments in

developing the final small MWC Federal

plan.

G. Testing, Monitoring, Recordkeeping,

and Reporting

As a required element, a State plan

must include the testing, monitoring,

and recordkeeping and reporting

requirements in 40 CFR part 60, subpart

BBBB. The proposed small MWC

Federal plan includes the same

provisions.

H. Progress Reports

As a required element of a State plan,

a State must submit to EPA annual

reports on progress in the

implementation of the emission

guidelines. Emissions data will be

reported to the Aerometric Emissions

Information Retrieval System Facility

Subsystem as specified in 40 CFR part

60, appendix D. If a State or Tribe has

been delegated authority to implement

and enforce the proposed Federal plan,

the State or Tribe will submit annual

progress reports to EPA, as required by

40 CFR 60.25(e) of subpart B. These

reports can be combined with the State

Implementation Plan report required by

40 CFR 51.32 of subpart Q, in order to

avoid duplicative reporting. Each

progress report must include

compliance status, enforcement actions,

information whether increments of

progress have been met, identification of

sources that have ceased operation or

started operation, updated emission

inventory and compliance information,

and copies of technical reports on any

performance testing and monitoring. For

MWC units in States where authority

has not been delegated, EPA intends to

prepare annual progress reports.

III. Affected Facilities

A. Which MWC Units Will Be Affected

by the Small MWC Federal Plan?

This Federal plan will affect existing

small MWC units that are not regulated

by an EPA approved and effective State

or Tribal plan. In this proposed Federal

plan, a small MWC unit is defined as

any MWC unit with a combustion

design capacity of 35 to 250 tons per

day of municipal solid waste (MSW)

that commenced construction on or

before August 30, 1999. Each small

MWC unit will be subject to this Federal

plan if any of the following is true on

the effective date of the Federal plan:

(1) An applicable State or Tribal plan

has not become effective;1

(2) An applicable State or Tribal plan

was in effect but was subsequently

vacated in whole or in part; or

(3) An applicable State or Tribal plan

was in effect but was subsequently

revised such that it is no longer as

protective as the emission guidelines.

Once an approved State or Tribal plan

is in effect, the Federal plan will no

longer apply to a small MWC unit

covered by such plan. An approved

State or Tribal plan is a plan that EPA

has reviewed and approved based on

the requirements in 40 CFR part 60,

subpart B to implement and enforce 40

CFR part 60, subpart BBBB.

If a State or Tribe submits a State or

Tribal plan and that State or Tribal plan

is approved and becomes effective

before the Federal plan becomes

effective, the MWC Federal plan will

not apply to small MWC units covered

by that State or Tribal plan.

Furthermore, promulgation of this MWC

Federal plan does not preclude a State

or Tribe from submitting a State or

Tribal plan later. The EPA encourages

States and Tribes to continue to submit

State or Tribal plans for approval after

the promulgation of the Federal plan. If

a State or Tribe submits a State or Tribal

plan after promulgation of the small

MWC Federal plan, EPA will review

and approve or disapprove the plan.

Upon the effective date of EPA’s

approval of the State or Tribal plan, the

Federal plan will no longer apply,

except those Federal plan provisions

that may have been incorporated by

reference under the section 111(d)/129

State or Tribal plan, or delegated to the

State by EPA.

B. How Do I Determine If my Small

MWC Unit Is Covered by an EPA

Approved and Currently Effective State

or Tribal Plan?

Part 62 of Title 40 of the Code of

Federal Regulations identifies the

approval of section 111(d)/129 State or

Tribal plans for designated pollutants

and designated facilities in each State or

area of Indian Country. However, part

62 is updated only once a year. Thus,

if part 62 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

(Table 1) to determine if approval

occurred since publication of the most

recent version of part 62.

At the time of this proposal, no States

have submitted State plans. State plans

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32489

are due December 6, 2001 and EPA

expects States to submit State plans

before that date.

IV. Summary of the Proposed Small

MWC Federal Plan

The proposed small MWC Federal

plan contains the same subcategories,

emission limits, and other requirements

as the emission guidelines promulgated

on December 6, 2000 (65 FR 76378).

Refer to the attached regulation, 40 CFR

part 62, subpart JJJ for the entire set of

requirements. The major requirements

are summarized in the following

sections.

A. What Are the Subcategories of Small

MWC Units?

Within this proposed Federal plan,

the small MWC unit population is

subcategorized based on aggregate

capacity of the plant where the

individual small MWC unit is located.

The resulting subcategories are as

follows: Class I units are small MWC

units located at plants with an aggregate

plant capacity greater than 250 tons per

day of MSW; Class II units are small

MWC units located at plants with an

aggregate plant capacity less than or

equal to 250 tons per day of MSW.

B. What Does the Federal Plan Require?

The proposed Federal plan, which

will implement the emission guidelines,

includes emission limits, operating

practice requirements, operator training

and certification requirements, and

compliance and performance testing

requirements. The proposed Federal

plan contains emission limits for

dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

sulfur dioxide, hydrogen chloride,

nitrogen oxides, and carbon monoxide.

The emission limits for Class I and Class

II small MWC units are listed in Tables

2 through 5 of the proposal subpart JJJ.

In addition to emission limits, EPA is

proposing guidelines for unit operating

load, flue gas temperature at the

particulate matter control device inlet,

and carbon feed rate as part of the

required good combustion practices.

The EPA is also proposing requirements

for the control of fugitive ash emissions.

C. What Is the Compliance Schedule?

Class I and Class II small MWC units

will be required to follow the generic

compliance schedule in table 1 of

proposed subpart JJJ, unless the State or

owner/operator chooses to submit a sitespecific compliance schedule. Under

the generic compliance schedule, Class

I units would be required to reach final

compliance by November 6, 2005. Class

II units would be required to reach final

compliance by May 6, 2005.

The proposed Federal plan includes

two options for establishing the

compliance schedule. Under both

options the increment dates are defined

and are enforceable. The Federal plan

could function with only a generic

compliance schedule, but in order to

provide flexibility, this proposal

includes an alternative. As described in

section II.E of this preamble and

consistent with the emission guidelines,

Class I units are required to meet five

increments of progress and Class II units

are required to meet two increments of

progress.

The compliance schedule for facilities

affected by this small MWC Federal

plan can be established by option 1

(generic compliance schedule proposed

by EPA) or option 2 (site-specific

compliance schedule consistent with

the draft State plan).

In cases where option 2 has not been

exercised, the owner or operator of an

affected facility will be subject to option

1 (generic schedule). However, if the

State or the MWC owner or operator

submits a schedule that EPA approves

(option 2), the owner or operator will be

subject to that alternative schedule.

Under option 2, a State or an MWC

owner operator will be required to

submit a site-specific compliance

schedule to EPA prior to November 14,

2001. Under option 2, EPA will review

the schedule and approved schedules

will be incorporated into the final

Federal plan. The two options are

discussed below.

Option 1. Generic Compliance

Schedule. Option 1 is the generic

default alternative. For MWC units

covered by the Federal plan where State

plans or compliance schedules have not

been submitted, EPA is proposing a

generic compliance schedule and

increments of progress. Under option 1,

a generic compliance schedule will

apply to each Class I or Class II small

MWC unit.

Option 2. Site-specific Compliance

Schedules. Under option 2, a State or an

MWC owner or operator may submit to

EPA a site-specific compliance schedule

as negotiated between the State and an

MWC owner or operator to EPA before

November 14, 2001. The State or MWC

owner or operator can submit

alternative dates for increments 2, 3, 4,

and 5 for Class I units and an alternative

increment 5 date for Class II units. The

increment 1 date will be the same as

option 1. The increment 5 final

compliance date for Class I and Class II

units cannot be later than December 6,

2005. States should submit the

schedules to their respective Regional

office contacts listed in Table 1 for

Regional contacts.

The EPA recognizes that Class I units

may need flexibility for the award

contract date, the start construction

date, and the finish construction date

given facility-specific retrofit

considerations and constraints. Also,

there may be some unique site-specific

circumstances where a Class I or Class

II unit cannot complete retrofit by the

generic schedule increment compliance

date. Subpart B requires compliance as

expeditiously as practicable, and section

129 specifies that the compliance date

can be no later than 5 years after

promulgation of the emission

guidelines. Therefore, the site-specific

final compliance date can be no later

than December 6, 2005. Following

review and approval of these sitespecific schedules, EPA will add them

to the Federal plan at promulgation.

Offering this flexibility assures the

Federal plan is fully consistent with

State plans that are approved after the

Federal plan is promulgated. For

example, in some cases the State may

have negotiated a retrofit schedule with

the MWC owner or operator, determined

what retrofit schedule is feasible for

specific MWC units, held public

hearings, and considered public

comments in establishing the schedule.

The increment 1 date for Class I and

Class II units under both options is the

same. For several reasons, EPA believes

that requiring owners or operators to

submit a final control plan by August 6,

2003 for Class I units and September 6,

2003 for Class II units provides adequate

time to prepare a final control plan: (1)

Owners and operators have known

about this requirement since 1995; (2)

owners and operators have over 1 year

to prepare the final control plan upon

publication of this notice; and (3) the

final control plan does not require

detailed drawings or plans.

In summary, the proposed MWC

Federal plan includes two options for

defining the increment dates. The EPA

believes the options maximize

flexibility and increase regulatory

efficiency. The EPA included a similar

approach in the large MWC unit Federal

plan. Commenters on the large MWC

unit Federal plan supported EPA’s

approach. The EPA believes that this

approach also makes sense for owners

or operators of small MWC units.

D. How Did EPA Determine the

Compliance Schedule?

The EPA determined the proposed

Class II generic compliance schedule

based on two case studies of retrofits at

small MWC units at plants that have

capacities of less than 250 tons per day.

32490 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

Both plants retrofitted an acid gas/fabric

filter/carbon injection system that can

meet the emission limits for Class II

units in the proposed small MWC

Federal plan. The EPA also contacted a

vendor of modular MWC units and addon air pollution control equipment to

obtain additional information on retrofit

schedules for Class II units. The

schedule is 6 months shorter than the

schedule promulgated for large MWC

units and proposed for Class I small

MWC units because most Class II units

can use control devices assembed from

modular control components that do not

need as much site-specific design,

fabrication, and installation time.

Memorandums that provide detail on

the case studies, the discussion with the

MWC vendor, and the basis of the Class

I and Class II generic compliance

schedules are located in Docket A–

2000–39, items II–B–1 through II–B–5.

The proposed Class I generic

compliance schedule is the same as the

generic compliance schedule in the

large MWC Federal plan. The generic

compliance schedule for large MWC

units is based on retrofit studies of large

MWC units at three MWC plants (see

Docket A–97–45, II–A–1 through II–A–

4). The EPA is proposing the same

compliance schedule for Class I MWC

units as large MWC units on the basis

of similarities in size and retrofit

requirements. Class I small MWC units

will need the same technology as large

MWC units to meet the emission limits

in the respective Federal plans (see

Docket A–2000–39, item II–B–1).

For Class I units, the compliance

schedule for dioxin and mercury

depends on the date of the MWC unit’s

construction. The emission guidelines

require Class I small MWC units that

commenced construction,

reconstruction, or modification after

June 26, 1987 to achieve compliance

with the mercury and dioxin limits

within 1 year after State plan approval

(or 1 year after a revised construction

permit or a revised operating permit is

issued, if a permit modification is

required, whichever is later). The EPA

is, therefore, proposing to require

compliance with the mercury and

dioxin limits within 1 year after the

effective date of the MWC Federal plan,

or 1 year after a revised construction

permit or a revised operating permit is

issued, if a permit modification is

required, whichever is later. Final

compliance must be achieved no later

than the applicable final compliance

date in the Federal plan, even if the date

‘‘1 year after permit issuance’’ exceeds

the applicable final compliance date in

the Federal plan.

E. How Do the Federal Plan Compliance

Dates Interact With the State Plan

Compliance Dates?

Before the Federal plan is in effect, a

State may submit a State plan to EPA

containing variable compliance dates.

Although the increment dates can vary,

they are subject to EPA’s review and the

final compliance date cannot be later

than December 6, 2005.

After the Federal plan is in effect, a

State may submit a State plan to EPA or

receive approval for a State plan.

However, if submitted or approved after

the Federal plan is in effect, the

compliance schedule dates in the State

plan must be no later than the

applicable generic compliance schedule

dates in the promulgated Federal plan.

The EPA is proposing and taking

comment on EPA’s position that State

plans that are submitted to EPA after the

Federal plan is in effect must contain

the same or earlier incremental and final

compliance dates as the Federal plan.

V. Implications for Closed Units, Units

That Plan To Close, and Units That

Plan To De-Rate

The emission guidelines (40 CFR part

60, subpart BBBB) require small MWC

units to comply with the emission limits

or cease operation within 3 years

following approval of a State plan, but

no later than 5 years after publication of

the final emission guidelines (40 CFR

part 60, subpart BBBB) in the Federal

Register. The Federal plan requires

owners or operators of a small MWC

unit to either: (1) Come into compliance

with the plan within 1 year after the

effective date of the plan; or (2) meet

increments of progress and come into

compliance by the applicable final

compliance date in the Federal plan.

This section describes how this Federal

plan addresses various categories of

closed small MWC units and de-rated

small MWC units, including:

• Dismantled small MWC units;

• Small MWC units that have ceased

operation;

• Small MWC units that will cease

operation rather than comply with the

Federal plan;

• Small MWC units that will cease

operation and plan to restart after the

applicable final compliance date in the

Federal plan; and

• Small MWC units that will de-rate

(reduce capacity).

A. Dismantled Units

Units that are partially or fully

dismantled are not required to be

included in the small MWC unit

inventory that is an element of a State

plan or this Federal plan. Small MWC

units are partially or fully dismantled if

they have been physically altered so

they cannot operate. Dismantled units

cannot be restarted without extensive

work; and if they were restarted, they

would be considered a new unit and

would be subject to the new source

performance standard (40 CFR part 60,

subpart AAAA) rather than to the State

or Federal plan for existing units.

B. Units That Have Ceased Operation

Small MWC units that are known to

have ceased operation (but are not

known to be dismantled) are included

in the inventory element of this

proposed Federal plan. Such units must

also be identified in any State plans

submitted to EPA. If the owner or

operator of these inactive small MWC

units plans to restart these units before

the applicable final compliance date in

the Federal plan, the units would be

required to achieve the same

compliance schedule required for other

small MWC units. In order to assure

compliance by the required date, the

owner or operator of units that have

ceased operation, but who plans to

restart the units before the applicable

final compliance date in the Federal

plan, must submit a final control plan

and the units must comply with the

increments of progress on the same

generic schedule as other small MWC

units subject to this Federal plan. (See

section II.E for a discussion of

compliance schedules and increments

of progress.)

If inactive small MWC units will not

be restarted until after the applicable

final compliance date in the Federal

plan, a control plan is not needed.

However, the proposed Federal plan

specifies that any units that have ceased

operation and are planned to be

restarted after the applicable final

compliance date in the Federal plan,

must complete retrofit and comply with

the emission limits and operational

requirements immediately upon

restarting. Performance testing to

demonstrate compliance will be

required within 180 days after

restarting. The dates for increments of

progress that lead to final compliance

(e.g., awarding contracts, initiating onsite construction, completing on-site

construction) will not need to be

specified for units that have ceased

operation and plan to restart after the

applicable final compliance date in the

Federal plan, because these activities

must occur before restart while the units

are closed and have no emissions. If a

unit is operated after the applicable

final compliance date in the Federal

plan without complying, it will be a

violation of the Federal plan.

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32491

C. Units That Will Cease Operation

Within 1 Year of the Effective Date of

the Federal Plan

The owner or operator of currently

operating small MWC units subject to

this Federal plan who will cease

operation of the units rather than

comply with the emission limits will be

required to notify EPA at the time that

final control plans are due. The owner

operator will specify whether the small

MWC units will cease operation within

1 year or at a later date. If the owner or

operator notifies EPA that the small

MWC units will cease operation within

1 year of the effective date of this

Federal plan, the owner or operator will

not be required to enter into a legally

enforceable cease operation agreement.

However, if the owner or operator does

not cease operation of the units by the

date 1 year after the effective date, it

will be a violation of the Federal plan.

D. Units That Will Cease Operation

Later Than 1 Year After the Effective

Date of the Federal Plan

The owner or operator of a small

MWC unit that will cease operations

more than 1 year after the effective date

of the Federal plan will be required to

notify EPA at the time the final control

plan is due that the owner or operator

will cease operation of the unit. The

owner or operator of such a small MWC

unit also will need to enter into a legally

enforceable cease operation agreement

with EPA by the date the final control

plan is due. The cease operation

agreement will include the date that

operation will cease. The owner or

operator of a Class I MWC unit that is

ceasing operation more than 1 year after

the effective date of this Federal plan

will also submit data for dioxins/furans

emission tests conducted during or after

1990 by the date the final control plan

is due for your Class I MWC unit

according to the schedule in Table 1 or

Table 9 of subpart JJJ (see § 62.15095).

The requirement to submit data for

dioxins/furans emission tests is

consistent with subpart BBBB. The

cease operation agreement ensures that

the small MWC unit will cease

operation by an agreed-upon

enforceable date. In all cases, this date

will be no later than the applicable final

compliance date in the Federal plan.

E. Units That Will Cease Operation and

Plan To Restart After the Applicable

Final Compliance Date in the Federal

Plan

Small MWC units covered by this

Federal plan that will cease operation

within 1 year of the effective date of the

Federal plan can be restarted after the

applicable final compliance date in the

Federal plan if the units achieve

compliance upon restarting. The

proposed Federal plan specifies that

when a small MWC unit restarts after

the applicable final compliance date in

the Federal plan, it must comply with

the Federal plan emission limits and

operational requirements upon

restarting. There will be no need to

establish and meet specific dates for the

remaining increments of progress (i.e.,

awarding contracts, initiating on-site

construction, completing on-site

construction, and final compliance)

because these increments must be

completed while the unit is closed and

there are no emissions. The proposed

Federal plan specifies that the unit must

achieve final compliance with the

Federal plan emission limits and

operating requirements as soon as it is

restarted. The performance test to

demonstrate compliance will be

required within 180 days after

restarting.

F. Units That Plan To De-rate

The proposed Federal plan will allow

the owner or operator of a small MWC

unit to de-rate the capacity of a small

MWC unit to below 35 tons per day.

Therefore, the small MWC unit will no

longer be subject to the small MWC

Federal plan. De-rating means a

permanent change that physically

reduces the capacity of the small MWC

unit to less than 35 tons per day of

MSW. De-rating cannot be

accomplished through a permit

provision, nor can it be self-imposed

operating restrictions such as limiting

steam flow or the waste charge rate. Derating must be a permanent physical

restriction.

The owner or operator that plans to

de-rate a small MWC unit would de-rate

the unit on the same schedule and

increments that the small MWC unit has

to follow, if it were to be retrofitted to

meet the emission limits. For example,

the owner or operator of a Class II small

MWC unit that is subject to the

proposed generic compliance schedule

will need to submit a plan describing

the specific physical changes and

schedule for accomplishing the derating on the date the final control plan

is due. The owner or operator will need

to complete the de-rating by the final

compliance date for Class II units. Once

the small MWC unit physically is

unable to combust 35 tons per day or

more, it will no longer be subject to the

small MWC Federal plan.

VI. Implementation of the Federal plan

and Delegation

A. Background of Authority

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

the CAA, EPA is required to adopt

emission guidelines that are applicable

to existing solid waste incineration

sources. These emission guidelines are

not enforceable until EPA approves a

State or Tribal plan or adopts a Federal

plan that implements and enforces

them, and the State, Tribal, or Federal

plan has become effective. As discussed

above, the Federal plan regulates small

MWC units in a State or Tribal area that

does not have a EPA-approved plan

currently in effect.

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 States and local

agencies take the primary responsibility

for ensuring that the emission

limitations and other requirements in

the emission guidelines are achieved.

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

Congress explicitly required that EPA

establish procedures that are similar to

those under section 110(c) for State

Implementation Plans. Although

Congress required EPA to propose and

promulgate a Federal plan for States that

fail to submit approvable State plans on

time, States and Tribes may submit

approvable plans after promulgation of

the Federal plan. The EPA strongly

encourages States that are unable to

submit approvable plans to request

delegation of the Federal plan so that

they can have primary responsibility for

implementing the emission guidelines,

consistent with Congress’ intent.

Approved and effective State plans or

delegation of the Federal plan is EPA’s

preferred outcome since EPA believes

that State and local agencies not only

have the responsibility to carry out the

emission guidelines, but also have the

practical knowledge and enforcement

resources critical to achieving the

highest rate of compliance. For these

reasons, EPA will do all that it can to

expedite delegation of the Federal plan

to State and local agencies, whenever

possible.

The EPA also believes that Indian

Tribes are the primary parties

responsible for regulating air quality

within Indian country, if they desire to

do so. See EPA’s Indian Policy (‘‘Policy

for Administration of Environmental

Programs on Indian Reservations,’’

signed by William D. Ruckelshaus,

Administrator of EPA, dated November

32492 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

2As of today’s proposal, all areas in the country

are covered by title V programs, including the Outer

Continental Shelf. See 40 CFR 55.6. As a result, the

relevant section 129(e) date for small MWC units is

36 months following promulgation of 40 CFR part

60, subpart BBBB (December 6, 2003).

4, 1984), reaffirmed in a 1994

memorandum (‘‘EPA Indian Policy,’’

signed by Carol M. Browner,

Administrator of EPA, dated March 14,

1994).

B. Delegation of the Federal Plan and

Retained Authorities

If a State or Indian Tribe intends to

take delegation of the Federal plan, the

State or Indian Tribe must submit to the

appropriate EPA Regional Office a

written request for delegation of

authority. The State or Indian Tribe

must explain how it meets the criteria

for delegation. See generally ‘‘Good

Practices Manual for Delegation of NSPS

and NESHAP’’ (EPA, February 1983). In

order to obtain delegation, an Indian

Tribe must also establish its eligibility

to be treated in the same manner as a

State. The letter requesting delegation of

authority to implement the Federal plan

must demonstrate that the State or Tribe

has adequate resources, as well as the

legal and enforcement authority to

administer and enforce the program. A

memorandum of agreement between the

State or Tribe and EPA will set forth the

terms and conditions of the delegation,

the effective date of the agreement, and

will also serve as the mechanism to

transfer authority. Upon signature of the

agreement, the appropriate EPA

Regional Office will 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 Indian Tribe, EPA will implement the

Federal plan. Also, if a State or Tribe

fails to properly implement a delegated

portion of the Federal plan, 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, EPA will retain and will not

transfer authority to a State or Tribe

certain authorities which could change

the stringency of the underlying

standard, which are likely to be

nationally significant, or which may

require a national rulemaking and

subsequent Federal Register notice. The

following authorities may not be

delegated to State, Tribal or local

agencies: approval of alternative nonopacity emission standards, approval of

alternative opacity standard, approval of

major alternatives to test methods,

approval of major alternatives to

monitoring, waiver of recordkeeping,

and approval of exemption to operating

practice requirements in

§ 62.15145(e)(5).

C. Mechanisms for Transferring

Authority

There are two mechanisms for

transferring implementation authority to

State or Tribal agencies: (1) When EPA

approves a State or Tribal plan after the

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

State or Tribe does not submit or obtain

approval of its own plan, EPA may

delegate to a State or Tribe the authority

to implement the Federal plan. Both of

these options are described in more

detail below.

1. State or Tribe Submits a Plan After

Small MWC Units Located in the Area

Are Subject to the Federal Plan

After small MWC units in a State or

Tribal area become subject to the

Federal plan, the State or Tribal agency

may still adopt and submit a plan to

EPA. If EPA determines that the State or

Tribal plan is as protective as the

emission guidelines, EPA will approve

the State or Tribal plan. If EPA

determines that the plan is not as

protective as the emission guidelines,

EPA will disapprove the plan and the

small MWC units proposed to be

covered in the State or Tribal plan will

remain subject to the Federal plan until

a State or Tribal plan covering those

small MWC units is approved and

effective.

Upon the effective date of a State or

Tribal plan, the Federal plan will no

longer apply to small MWC units

covered by such a plan and the State or

Tribal agency will implement and

enforce the State or Tribal plan in lieu

of the Federal plan. When an EPA

Regional Office approves a State or

Tribal plan, it will amend the

appropriate subpart of 40 CFR part 62 to

indicate such approval.

2. State Takes Delegation of the Federal

Plan

The EPA, in its discretion, may

delegate to State or Tribal agencies the

authority to implement the Federal

plan. As discussed above, EPA believes

that it is advantageous and the best use

of resources for State agencies to agree

to undertake, on EPA’s behalf, the

administrative and substantive role in

implementing the Federal plan to the

extent EPA decides it is appropriate and

where authorized by State law. If a State

requests delegation, EPA will generally

delegate the entire Federal plan to the

State agency. These functions include

administration and oversight of

compliance reporting and recordkeeping

requirements, small MWC inspections,

and preparation of draft notices of

violation and enforcement. Enforcement

authority can be delegated to State and

Tribal agencies, but EPA always retains

Federal enforcement authority. The EPA

also believes that it is the best use of

resources for Tribal agencies to

undertake a role in the implementation

of the Federal plan. The Tribal

Authority Rule (TAR) issued on

February 12, 1998 (63 FR 7254) provides

Tribes the opportunity to develop and

implement Clean Air Act programs.

However, due to resource constraints

and other factors unique to Tribal

governments, it leaves to the discretion

of the Tribe whether to develop these

programs and which elements of a

program they will adopt. Consistent

with the approach of the TAR, EPA may

choose to delegate a partial Federal plan

(i.e., to delegate authority for some

functions needed to carry out the plan)

in appropriate circumstances and where

authorized by Tribal law. Both States, or

Tribal agencies, that have taken

delegation, as well as EPA, will have

responsibility for bringing enforcement

actions against sources violating Federal

plan provisions. However, EPA

recognizes that Tribes have limited

criminal enforcement authority, and

EPA will address in the delegation

agreement with the Tribe how criminal

enforcement issues are referred to EPA.

VII. Title V Operating Permits

Sources subject to this small MWC

Federal plan must obtain title V

operating permits. These title V

operating permits must assure

compliance with all applicable

requirements for these sources,

including all applicable requirements of

this Federal plan. See 40 CFR 70.6(a)(1),

70.2, 71.6(a)(1) and 71.2.

Owners or operators of section 129

sources (including small MWC units)

subject to standards and regulations

under sections 111 and 129 must

operate pursuant to a title V permit not

later than 36 months after promulgation

of emission guidelines under section

129 or by the effective date of the State,

Tribal, or Federal title V operating

permits program that covers the area in

which the unit is located, whichever is

later.2 The EPA has interpreted section

129(e) to be consistent with section

503(d) of the CAA and 40 CFR 70.7(b)

and 71.7(b). (See, e.g., the final Federal

plan for Hospital/Medical/Infectious

Waste Incinerators, August 15, 2000 (65

FR 49868, 49878)). Section 503(d) of the

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32493

3For example, in the absence of such an

interpretation, if a final Federal plan were to

become effective more than 24 months after the

promulgation of emission guidelines applicable to

a section 129 source, that source would have less

than 12 months to prepare and submit a complete

title V permit application and to have the permit

issued. The later such a Federal plan becomes

effective, the less time a source would have to

complete the permitting process. Moreover, to read

section 129(e) as inconsistent with section 503(d)

and 40 CFR 70.7(b) and 71.7(b) would be in conflict

with the requirements of section 503(c), which

require sources to submit title V applications not

later than 12 months after becoming subject to a

title V permits program. Such a reading could

require some section 129 sources to have been

issued final title V permits in potentially much less

time than allotted for non-section 129 sources to

submit their title V applications.

4 If a source is subject to title V for more than one

reason, the 12-month time frame for submitting a

title V application is triggered by the requirement

which first causes the source to become subject to

title V. As provided in section 503(c) of the CAA,

permitting authorities may establish permit

application deadlines earlier than the 12-month

deadline.

5See CAA section 502(b)(6); 40 CFR 70.7(f)(1)(i)

and 71.7(f)(1)(i). Permitting authorities are required

to reopen title V permits to incorporate additional

applicable requirements when 3 or more years

remain on a major part 70 or part 71 source’s permit

term. Reopenings required by 40 CFR 70.7(f)(1)(i)

and 71.7(f)(1)(i) must be completed not later than

18 months after promulgation of the applicable

requirement. Owners or operators of small MWC

units, which have been permitted and are subject

to this Federal plan, may wish to consult their

operating permits program regulations or permitting

authorities to determine whether their permits must

be reopened to incorporate the requirements of this

Federal plan.

CAA and 40 CFR 70.7(b) and 71.7(b)

allow a source to operate without being

in violation of title V once the source

has submitted a timely and complete

permit application, even if the source

has not yet received a final title V

operating permit from the permitting

authority. Therefore, a title V

application should be submitted early

enough for the permitting authority to

find the application either complete or

incomplete before the title V application

deadline. In the event the application is

found incomplete by the permitting

authority, the source must submit the

information needed to make the

application complete by the application

deadline in order to obtain the

application shield. See 40 CFR

62.15400(c) and 40 CFR 70.5(a)(2) and

71.5(a)(2). The above interpretation is

important because in the absence of

such an interpretation, a section 129

source may be required to prepare and

submit a complete title V application

and have the permit issued in a very

short period of time after becoming

subject to a title V program.3

Consequently, if an owner or operator

of a small MWC unit is required to

obtain a title V permit for the first time

by virtue of being subject to this Federal

plan, the owner or operator must submit

a complete title V permit application by

not later than 36 months after

promulgation of 40 CFR part 60, subpart

BBBB (December 6, 2003).

The above permit application

deadline, however, reflects the latest

possible date by which complete

applications for existing small MWC

units can be submitted in order for such

applications to be considered timely. It

is important to note that if an earlier

application deadline applies to an

existing small MWC unit, then this

deadline must be met in order for the

unit to be in compliance with section

502(a). To determine when an

application is due for an existing small

MWC unit, section 129(e) of the CAA

must be read in conjunction with

section 503(c) of the CAA. As stated in

section 503(c), a source has up to 12

months to apply for a title V permit

once it becomes subject to a title V

permitting program.4 For example, if an

existing small MWC unit becomes

subject to a title V permitting program

for the first time on the effective date of

this Federal plan, then the source must

apply for a title V permit within 12

months of the effective date of the

Federal plan in order to operate after

this date in compliance with Federal

law.

An application deadline earlier than

either of the two dates noted above, i.e.,

not later than 36 months after the

promulgation of subpart BBBB or not

later than 12 months after the effective

date of this Federal plan, may apply to

an existing small MWC unit if it is

subject to title V for more than one

reason. For example, an existing small

MWC unit may already be subject to

title V as a result of being a major source

under one or more of three major source

definitions in title V—section 112,

section 302, or part D of title I of the

CAA. See 40 CFR 70.3(a)(1) and

71.3(a)(1) (subjecting major sources to

title V permitting) and 40 CFR 70.2 and

71.2 (defining major source for purposes

of title V). Additionally, an existing

small MWC unit may already be subject

to title V if it is subject to some other

earlier promulgated standard under

section 111 or 112 of the CAA. See 40

CFR 70.3(a) and (b) and 71.3(a) and (b)

for a list of the applicability criteria

which trigger the requirement to apply

for a title V permit.

If your unit is not subject to an earlier

permit application deadline, a complete

title V permit application for an existing

small MWC unit must be submitted not

later than 36 months after promulgation

of subpart BBBB (December 6, 2003).

For any existing small MWC unit

subject to the requirements of this

Federal plan and not subject to an

earlier application deadline, this final

application deadline applies regardless

of when this Federal plan is effective.

For any existing small MWC unit

subject to the requirements of an EPA

approved and effective section 111(d)/

129 State plan for small MWC units and

not subject to an earlier application

deadline, this final application deadline

applies regardless of when the EPA

approved section 111(d)/129 State plan

is effective.

If an owner or operator is already

subject to title V by virtue of some

requirement other than this Federal plan

and has submitted a timely and

complete permit application, but the

draft title V permit has not yet been

released by the permitting authority,

then the owner or operator must

supplement the title V application by

including the applicable requirements

of this Federal plan in accordance with

40 CFR 70.5(b) or 71.5(b). If an owner

or operator of an existing small MWC

unit is already subject to title V by

virtue of some requirement other than

this Federal plan and already possesses

a title V permit with a remaining term

of 3 or more years on the effective date

of this Federal plan, then the owner or

operator will receive from the

permitting authority a notice of intent to

reopen the title V permit to include the

requirements of this Federal plan in

accordance with the procedures

established in 40 CFR 70.7(f) or 71.7(f).

An owner or operator of an existing

small MWC unit with a title V permit

having a remaining term of less than 3

years on the effective date of this

Federal plan need not have the title V

permit reopened, as a matter of Federal

law, to include the Federal plan

requirements.5 However, the owner or

operator remains subject to, and must

act in compliance with, these Federal

plan requirements and all other

applicable requirements to which the

source is subject. See 40 CFR 70.6(a)(1),

70.2, 71.6(a)(1) and 71.2.

VIII. Units Subject to the Federal Plan

and New Source Performance

Standards

This section describes the

relationship between the Federal plan

and the three NSPS in terms of

applicability and emission limits. The

MWC emission guidelines apply and

this proposed Federal plan will apply to

MWC units 35 tons per day or more and

less than or equal to 250 tons per day

in combustion capacity that commenced

construction before August 30, 1999.

There are also three new source

32494 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

performance standards (NSPS) that

apply to MWC units.

The first NSPS for MWC units, 40

CFR part 60 subpart E, was promulgated

in 1971. It applies to incinerators

combusting more than 45 Mg per day

(50 tons per day) of MSW that were

constructed or modified after August 17,

1971. The only pollutant regulated by

subpart E is particulate matter (PM), and

the PM limit is higher than the limit in

the proposed Federal plan. Thus, small

MWC units complying with the Federal

plan PM limit would also comply with

the subpart E NSPS emission limit for

PM.

The second NSPS, subpart Ea, was

promulgated on February 11, 1991 and

revised on December 19, 1995. This

NSPS applies to MWC units with

capacities to combust greater than 250

tons per day, and therefore, will not

apply to units subject to this small

MWC Federal plan (MWC units with

design combustion capacity less than or

equal to 250 tons per day).

The third NSPS, subpart AAAA,

applies to small MWC units that: 1)

commence construction after August 30,

1999, or 2) commence modification or

reconstruction 6 months after

promulgation of subpart AAAA. There

is no overlap between the proposed

Federal plan and the subpart AAAA

NSPS—sources are not subject to both

rules.

IX. Amendments to Subpart A of 40

CFR Part 62

The EPA is amending part 62 to

clarify that the part 60 general

provisions apply to State and Federal

plans. The part 60 general provisions

apply to the emission guidelines;

however, the emission guidelines are

not implemented and enforced until a

State or Federal plan is developed and

codified in part 62. Because part 62 does

not specifically state that the part 60

general provisions apply, EPA is

amending part 62 to clarify that they

apply to State and Federal plans.

The general provisions of part 60 and

its appendices contain important

addresses, definitions, testing and

monitoring requirements, and

incorporations by reference. In addition,

the general provisions allow owners or

operators to apply to the Administrator

for flexibility in demonstrating

compliance. For example, owners and

operators may apply to the

Administrator for approval of

alternative or equivalent test methods,

alternative reporting, or alternative

monitoring requirements. The

amendment to part 62 contained in this

rulemaking also clarifies that the part 60

general provisions apply except where

special provisions set forth under an

applicable subpart of part 62 supersede

any conflicting provisions.

X. Administrative Requirements

This section addresses the following

administrative requirements:

Federalism; Consultation and

Coordination with Indian Tribal

Governments; Protection of Children

from Environmental Health Risks and

Safety Rules; Unfunded Mandates

Reform Act; Regulatory Flexibility Act/

Small Business Regulatory Enforcement

Fairness Act of 1996; Paperwork

Reduction Act; and National

Technology Transfer and Advancement

Act. Many of these administrative

requirements were addressed in the

preamble to the small MWC emission

guidelines (65 FR 76378). Since this

proposed Federal plan would merely

implement the emission guidelines

promulgated on December 6, 2000, and

does not impose any new requirements,

many of the administrative

requirements refer to the administrative

requirements in the preamble to the

small MWC emission guidelines.

A. Executive Order 12866—Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the EPA must

determine whether the regulatory action

is ‘‘significant,’’ and therefore, subject to

Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. The Executive

Order defines ‘‘significant regulatory

action’’ as one that is likely to result in

a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, EPA has determined that

this proposed Federal plan is not a

‘‘significant regulatory action.’’ The

Federal plan proposed today is

projected to have an impact of

approximately $68 million annually

(Docket No. A–98–18). Therefore, it has

been determined that this proposed

Federal plan is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to OMB review.

B. Executive Order 13132: Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law, unless EPA consults with State and

local officials early in the process of

developing the proposed regulation.

This proposed Federal plan does not

have federalism implications. It will not

have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. The States have

the primary responsibility for

negotiating compliance schedules and

incorporating the emission limits into a

State plan. Since sources are only

covered by a Federal plan if an EPA

approved and currently effective State

plan is not in place, the Federal plan

does not add substantial additional

costs. Thus, the requirements of section

6 of the Executive Order do not apply

to the proposed Federal plan.

C. Executive Order 13084—Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32495

imposes substantial direct compliance

costs on those communities unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to OMB, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

This proposed Federal plan does not

significantly or uniquely affect the

communities of Indian tribal

governments. The EPA is not aware of

any small MWC units located in Indian

territory. Accordingly, the requirements

of section 3(b) of Executive Order 13084

do not apply to this proposed Federal

plan.

D. Executive Order 13045—Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), applies to any rule that:

(1) Is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

EPA must evaluate the environmental

health or safety effects of the planned

rule on children and explain why the

planned regulation is preferable to other

potentially effective and reasonably

feasible alternatives considered by EPA.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5–501 of

the Executive Order has the potential to

influence the regulation. This proposed

Federal plan is not subject to Executive

Order 13045 because it is not

economically significant as defined in

Executive Order 12866 and because it is

based on technology performance and

not on health and safety risks.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

or tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local, or

tribal governments, in the aggregate, or

to the private sector, of $100 million or

more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule. The provisions of section

205 do not apply when they are

inconsistent with applicable law.

Moreover, section 205 allows EPA to

adopt an alternative other than the least

costly, most cost-effective, or least

burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that this

Federal plan does not contain a Federal

mandate that may result in expenditures

of $100 million or more for State, local,

or tribal governments, in the aggregate,

or the private sector in any 1 year. The

proposed Federal plan merely

implements the small MWC emission

guidelines and does not impose any

new requirements. The Environmental

Impact Assessment (EIA) for the small

municipal waste combustor emission

guidelines (Docket No. A–98–18) shows

that the total annual costs of the

emission guidelines is about $68 million

per year (in 1997 dollars), starting on

the fifth year after the emission

guidelines are promulgated. The

proposed Federal plan will apply to

only a small subset of the units

considered in the EIA for the emission

guidelines. Thus, this proposed Federal

plan is not subject to the requirements

of sections 202 and 205 of the UMRA.

Although the emission guidelines were

not subject to UMRA, EPA prepared a

cost-benefit analysis under section 202

of the UMRA for the 1995 emission

guidelines. For a discussion of how EPA

complied with the UMRA for the 1995

emission guidelines, including its

extensive consultations with State and

local governments, see the preamble to

the 1995 emission guidelines (60 FR

65405–65412, December 19, 1995).

Because the emission guidelines are

equivalent to the 1995 emission

guidelines, no additional consultations

were necessary during the

reestablishment of emission guidelines

for small MWC units.

F. Regulatory Flexibility Act/Small

Business Regulatory Enforcement

Fairness Act of 1996 (SBREFA)

The Regulatory Flexibility Act (RFA)

generally requires Federal agencies to

prepare a regulatory flexibility analysis

of any rule subject to notice and

comment rulemaking requirements

under the Administrative Procedure Act

or any other statute unless the agency

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For purposes of assessing the impacts

of the emission guidelines on small

entities, a small entity is defined as: (1)

A small business in this industry that

has a gross annual revenue less than $6

million; (2) a small governmental

jurisdiction that is a government of a

city, county, town, school district or

special district with a population of less

than 50,000; or (3) a small organization

that is any not-for-profit enterprise that

is independently owned and operated

and is not dominant in its field.

After considering the economic

impacts of today’s proposed Federal

plan on small entities, I certify that this

action will not have a significant

economic impact on a substandard

number of small entities. The EPA

expects State plans to affect most small

MWC units before the final small MWC

Federal plan is promulgated. As State

plans are submitted and become

effective, the Federal plan no longer

applies. Therefore, the impact of this

proposed Federal plan is expected to be

less than the impact identified in

developing the small MWC emission

guidelines.

32496 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

EPA’s analysis indicates eight existing

small MWC units (operated by one

small business and seven small

governments) would be subject to the

emission guidelines. In the analysis for

the MWC units that are considered

small entities, EPA calculated

compliance costs as a percentage of

sales for business and a percentage of

income (total household income) for

governments. The average estimated

annual compliance cost as a percentage

of income is 0.03 percent for the seven

small government entities and 39

percent for the one small business.

Among the seven potentially affected

government entities, the maximum

compliance cost was 0.25 percent.

Although this proposed Federal plan

will not have a significant economic

impact on a substantial number of small

entities, EPA has tried to reduce the

impact of the emission guidelines and

this proposed Federal plan on small

entities by establishing different

requirements for Class I and Class II

MWC units and establishing provisions

for less frequent testing for small Class

II units. In addition, EPA involved

representatives of small entities in the

development of the emission guidelines.

For a summary of the actions that EPA

took to involve small entities and their

representatives in the development of

the emission guidelines, refer to the

discussion of the Unfunded Mandates

Reform Act in section VIII.E above.

G. Paperwork Reduction Act

The OMB has approved the

information collection requirements in

the emission guidelines under the

provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq and has

assigned OMB control number 2060–

0424.

The information will be used to

ensure that the small MWC unit Federal

plan requirements are implemented

properly and are complied with on a

continuous basis. Records and reports

are necessary to identify small MWC

units that might not be in compliance

with the small MWC unit Federal plan.

Based on reported information, the

implementing agency will decide which

small MWC units should be inspected

and what records or processes should be

inspected. Records that owners and

operators of small MWC units maintain

indicate whether personnel are

operating and maintaining control

equipment properly.

These recordkeeping and reporting

requirements are specifically authorized

by section 114 of the CAA (42 U.S.C.

7414). All information submitted to the

EPA for which a claim of confidentiality

is made will be safeguarded according

to EPA policies in 40 CFR part 2,

subpart B, Confidentiality of Business

Information.

The emission guidelines are projected

to affect approximately 90 small MWC

units located at 41 plants. The estimated

average annual burden for industry for

the first 3 years after implementation of

the emission guidelines would be 1,297

person-hours annually. There will be no

capital costs for monitoring or

recordkeeping during the first 3 years.

The estimated average annual burden,

over the first 3 years, for the

implementing agency would be 773

hours with a cost of $30,869 (including

travel expenses) per year. The proposed

Federal plan will apply to only a small

subset of the units expected to be

affected by the emission guidelines.

Burden means total time, effort, or

financial resources expended by persons

to generate, maintain, retain, disclose, or

provide information to or for a Federal

agency. This includes the time needed

to review instructions; develop, acquire,

install, and utilize technology and

systems for the purposes of collecting,

validating, and verifying information,

processing and maintaining

information, and disclosing and

providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR part 9 and 48 CFR chapter 15.

The EPA is amending the table in 40

CFR part 9 of currently approved ICR

control numbers issued by OMB for

various regulations to list the

information collection requirments

contained in this proposed Federal plan.

H. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act (NTTAA) of 1995 (Pub. L. No. 104–

113; 15 U.S.C. 272 note) directs EPA to

use voluntary consensus standards in

their regulatory and procurement

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures,

business practices) developed or

adopted by one or more voluntary

consensus bodies. The NTTAA directs

EPA to provide Congress, through

annual reports to the Office of

Management and Budget (OMB), with

explanations when an agency does not

use available and applicable voluntary

consensus standards.

This proposed Federal plan involves

technical standards. The EPA proposes

in this plan to use EPA Methods 1, 3,

3A, 5, 5D, 9, 10, 22, 23, 26, 26A, 29, and

Performance Specifications (PS) 1, 2, 3,

and 4A. Consistent with the NTTAA,

EPA conducted searches to identify

voluntary consensus standards in

addition to these EPA methods/

performance specifications. No

applicable voluntary consensus

standards were identified for EPA

Methods 9, 22, PS 3, and PS 4A. The

search and review results have been

documented and are placed in the

docket No. A–2000–39 for this proposed

plan.

Two voluntary consensus standards

were identified as applicable and EPA

proposes to use them in this plan. One

voluntary consensus standard was

identified as applicable to PS 1. The

standard ASTM D6216 (1998),

‘‘Standard Practice for Opacity Monitor

Manufacturers to Certify Conformance

with Design and Performance

Specifications,’’ has been incorporated

by reference into PS 1. The PS 1 rule

was published in the Federal Register

on August 10, 2000.

Another voluntary consensus

standard, ASTM D4536–96 ‘‘Particulate

(Matter) Modified High Volume,’’ is

being proposed as an alternative to the

sampling equipment and procedures in

Methods 5 or 17 in conducting

emissions testing of positive pressure

fabric filter control devices. The ASTM

D4536–96 equipment and procedures

would be used in conjunction with the

sample traverse and calculations as

described in Method 5D for this

application. We invite comments on

whether including this ASTM standard

method is appropriate for this or other

applications.

Three voluntary consensus standards

have already been incorporated by

reference into § 60.17. One consensus

standard by the American Society of

Mechanical Engineers (ASME) was

identified for potential use in this plan

for the measurement of MWC unit load

level (steam output). The EPA believes

this standard is practical to use in this

plan as the method to measure MWC

unit load. The EPA has already

incorporated by reference (IBR) ‘‘ASME

Power Test Codes: Test Code for Steam

Generating Units, Power Test Code

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32497

4.1—1964 (R1991)’’ in 60.17 paragraph

(h)(1), (h)(2), and (h)(3).

A second consensus standard by

ASME was identified for potential use

in this plan for designing, constructing,

installing, calibrating, and using nozzles

and orifices. The EPA believes this

standard is practical to use for the

design, construction, installation,

calibration, and use of nozzles and

orifices. The EPA has already

incorporated by reference (IBR)

‘‘American Society of Mechanical

Engineers Interim Supplement 19.5 on

Instruments and Apparatus:

Application, Part II of Fluid Meters, 6th

edition (1971)’’ in § 60.17 paragraph

(h)(1), (h)(2), and (h)(3).

A third consensus standard by ASME

(QRO–1–1994) was identified for

potential use for MWC plant operator

certification requirements instead of

developing new operator certification

procedures. The EPA believes this

standard is practical to use in the

emission guidelines that require a chief

facility operator and shift supervisor to

successfully complete the operator

certification procedures developed by

ASME. The EPA has already IBR (QRO–

1–1994) in § 60.17 paragraph (h)(1),

(h)(2), and (h)(3).

In addition to the voluntary

consensus standards EPA proposes to

use in this plan, this search for emission

measurement procedures identified 21

other voluntary consensus standards.

The EPA determined that 17 of these 21

standards were impractical alternatives

to EPA test methods/performance

specifications for the purposes of this

proposed Federal plan. Therefore, EPA

does not propose to adopt these

standards today. The reasons for this

determination for the 17 methods are

discussed below.

The European standard EN 1911–1,2,3

(1998), ‘‘Stationary Source EmissionsManual Method of Determination of

HCl—Part 1: Sampling of Gases Ratified

European Text—Part 2: Gaseous

Compounds Absorption Ratified

European Text—Part 3: Adsorption

Solutions Analysis and Calculation

Ratified European Text,’’ is impractical

as an alternative to EPA Methods 26 and

26A. Part 3 of this standard cannot be

considered equivalent to EPA Method

26 or 26A because the sample absorbing

solution (water) would be expected to

capture both HCl and chlorine gas, if

present, without the ability to

distinguish between the two. The EPA

Methods 26 and 26A use an acidified

absorbing solution to first separate HCl

and chlorine gas so that they can be

selectively absorbed, analyzed, and

reported separately. In addition, in EN

1911 the absorption efficiency for

chlorine gas would be expected to vary

as the pH of the water changed during

sampling.

Three standards: ASTM D4358–94

(1999), ‘‘Standard Test Method for Lead

and Chromium in Air Particulate Filter

Samples of Lead Chromate Type

Pigment Dusts by Atomic Absorption

Spectroscopy;’’ ASTM E1741–95 (1995),

‘‘Standard Practice for Preparation of

Airborne Particulate Lead Samples

Collected During Abatement and

Construction Activities for Subsequent

Analysis by Atomic Spectrometry;’’ and

ASTM E1979–98 (1998), ‘‘Standard

Practice for Ultrasonic Extraction of

Paint, Dust, Soil, and Air Samples for

Subsequent Determination of Lead,’’ are

impractical as alternatives to EPA

Methods 12 and 29 in this proposed

Federal plan. These ASTM standards do

not require the use of glass fiber filters

as in EPA Method 12 and require the

use of significantly different digestion

procedures that appear to be more mild

than the EPA Method 12 digestion

procedure. For these reasons, these

ASTM standards cannot be considered

equivalent to EPA Method 12. Also, the

subject ASTM standards do not require

the use of hydrogen fluoride (HF) as in

EPA Method 29 and, therefore, they

cannot be used for the preparation,

digestion, and analysis of Method 29

samples. Additionally, Method 29

requires the use of a glass fiber filter,

whereas these three ASTM standards

require cellulose filters and other

probable nonglass fiber media which

cannot be considered equivalent to EPA

Method 29.

The following nine methods are

impractical alternatives to EPA test

methods/performance specifications for

the purposes of this plan because they

are too general, too broad, or not

sufficiently detailed to assure

compliance with EPA regulatory

requirements: ASTM D3154–91 (1995),

‘‘Standard Method for Average Velocity

in a Duct (Pitot Tube Method),’’ for EPA

Methods 1, 2, 3B, and 4; ASME C00031

or PTC 19–10–1981—Part 10, ‘‘Flue and

Exhaust Gas Analyses,’’ for EPA Method

3; ASTM D5835–95, ‘‘Standard Practice

for Sampling Stationary Source

Emissions, for Automated

Determination of Gas Concentration,’’

for EPA Method 3A; ISO 10396:1993,

‘‘Stationary Source Emissions: Sampling

for the Automated Determination of Gas

Concentrations,’’ for EPA Method 3A;

CAN/CSA Z223.2–M86(1986), ‘‘Method

for the Continuous Measurement of

Oxygen, Carbon Dioxide, Carbon

Monoxide, Sulphur Dioxide, and Oxides

of Nitrogen in Enclosed Combustion

Flue Gas Streams,’’ for EPA Method 3A;

CAN/CSA Z223.21–M1978, ‘‘Method for

the Measurement of Carbon Monoxide:

3—Method of Analysis by NonDispersive Infrared Spectrometry,’’ for

EPA Methods 10 and 10A; European

Committee for Standardization (CEN)

EN 1948–3 (1997), ‘‘Determination of

the Mass Concentration of PCDD’S/

PCDF’S—Part 3: Identification and

Quantification,’’ for EPA Method 23;

ISO 7935:1992, ‘‘Stationary Source

Emissions—Determination of the Mass

Concentration of Sulfur Dioxide—

Performance Characteristics of

Automated Measuring Methods,’’ for

EPA Performance Specification 2 (sulfur

dioxide portion only); and ISO

10849:1996, ‘‘Determination of the Mass

Concentration of Nitrogen Oxides—

Performance Characteristics of

Automated Measuring Systems,’’ for

EPA Performance Specification 2

(nitrogen oxide portion only).

The following four methods are

impractical alternatives to EPA test

methods for the purposes of this plan

because they lack sufficient quality

assurance and quality control

requirements necessary for EPA

compliance assurance requirements:

ASME PTC–38–80 R85 or C00049,

‘‘Determination of the Concentration of

Particulate Matter in Gas Streams,’’ for

EPA Method 5; ASTM D3685/D3685M–

98, ‘‘Test Methods for Sampling and

Determination of Particulate Matter in

Stack Gases,’’ for EPA Method 5; ISO

9096:1992, ‘‘Determination of

Concentration and Mass Flow Rate of

Particulate Matter in Gas Carrying

Ducts—Manual Gravimetric Method,’’

for EPA Method 5; and CAN/CSA

Z223.26–M1987, ‘‘Measurement of Total

Mercury in Air Cold Vapour Atomic

Absorption Spectrophotometeric

Method,’’ for EPA Method 29.

The following four of the 21 voluntary

consensus standards identified in this

search were not available at the time the

review was conducted for the purposes

of this proposed plan because they are

under development by a voluntary

consensus body: ASME/BSR MFC 13M,

‘‘Flow Measurement by Velocity

Traverse,’’ for EPA Method 1 (and

possibly 2); ISO/DIS 12039, ‘‘Stationary

Source Emissions—Determination of

Carbon Monoxide, Carbon Dioxide, and

Oxygen—Automated Methods,’’ for EPA

Method 3A; PREN 13211 (1998), ‘‘Air

Quality—Stationary Source Emissions—

Determination of the Concentration of

Total Mercury,’’ for EPA Methods 101,

101A, 29 (portion for mercury only);

and ASTM Z6590Z, ‘‘Manual Method

for Both Speciated and Elemental

Mercury,’’ for EPA Methods 101A and

29 (portion for mercury only). While we

are not proposing to include these four

voluntary consensus standards in

32498 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

today’s proposal, the EPA will consider

the standards when final.

The EPA takes comment on the

compliance demonstration requirements

proposed in this Federal plan and

specifically invites the public to identify

potentially-applicable voluntary

consensus standards. Commenters

should also explain why this plan

should adopt these voluntary consensus

standards in lieu of or in addition to

EPA’s standards. Emission test methods

and performance specifications

submitted for evaluation should be

accompanied with a basis for the

recommendation, including method

validation data and the procedure used

to validate the candidate method (if a

method other than Method 301, 40 CFR

part 63, Appendix A was used).

Tables 6, 7, and 8 of Subpart JJJ list

the EPA testing methods/performance

specifications included in the emission

Federal Plan Requirements for Small

Waste Combustion Units. Under

§ 63.8(f) of subpart A of the General

Provisions, a source may apply to EPA

for permission to use alternative

monitoring in place of any of the EPA

testing methods/performance

specifications.

List of Subjects

40 CFR Part 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations.

40 CFR Part 62

Environmental protection, Air

pollution control, Municipal waste

combustion.

Dated: June 5, 2001.

Christine Todd Whitman,

Administrator.

For the reasons stated in the

preamble, title 40, chapter I, of the Code

of Federal Regulations is proposed to be

amended as follows:

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401–7601.

2. Section 60.17 is amended by

revising paragraphs (h)(1) through (h)(3)

to read as follows:

§ 60.17 Incorporations by reference.

* * * * *

(h) * * *

(1) ASME QRO–1–1994. Standard for

the Qualification and Certification of

Resource Recovery Facility Operators,

IBR approved for §§ 60.56a, 60.54b(a),

60.54b(b), 62.15130(a), 62.15130(c)(2) of

this chapter.

(2) ASME PTC 4.1–1964 (Reaffirmed

1991), Power Test Codes: Test Code for

Steam Generating Units (with 1968 and

1969 Addenda), IBR approved for

§§ 60.46b, 60.58a(h)(6)(ii),

60.58b(i)(6)(ii), 62.15265(a)(3) of this

chapter.

(3) ASME Interim Supplement 19.5 on

Instruments and Apparatus:

Application, Part II of Fluid Meters, 6th

Edition (1971), IBR approved for

§§ 60.58a(h)(6)(ii), 60.58b(i)(6)(ii),

62.15265(a)(4) of this chapter.

PART 62—[AMENDED]

3. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

4. Amend § 62.02 by revising

paragraph (b) to read as follows:

§ 62.02 Introduction.

* * * * *

(b)(1) If a State does not submit a

complete, approvable plan, the

Administrator may then promulgate a

substitute plan or part of a plan. The

promulgated provision, plus the

approved parts of the State plan,

constitute the applicable plan for

purposes of the act.

(2) The part 60 subpart A of this

chapter general provisions and

appendices to part 60 apply to part 62,

except as follows: 40 CFR 60.7(a)(1),

60.7(a)(3), and 60.8(a) and where special

provisions set forth under the applicable

subpart of this part shall apply instead

of any conflicting provisions.

* * * * *

5. Amend § 62.13 by adding

paragraphs (d) and (e) to read as follows:

§ 62.13 Federal plans.

* * * * *

(d) Commercial and industrial solid

waste incineration units Federal plan.

[Reserved]

(e) The substantive requirements of

the small municipal waste combustion

unit Federal plan are contained in

subpart JJJ of this part. These

requirements include emission limits,

compliance schedules, testing,

monitoring, and reporting and

recordkeeping requirements.

6. Amend part 62 by adding subpart

JJJ to read as follows:

Subpart JJJ—Federal Plan Requirements

for Small Municipal Waste Combustion

Units Constructed on or Before August 30,

1999

Introduction

Sec.

62.15000 What is the purpose of this

subpart?

62.15005 What are the principal

components of this subpart?

Applicability of this Subpart

62.15010 Is my municipal waste

combustion unit covered by this subpart?

62.15015 Can my small municipal waste

combustion unit be covered by both a

State plan and this subpart?

62.15020 Can my small municipal waste

combustion unit be exempt from this

subpart?

62.15025 How do I determine if my small

municipal waste combustion unit is

covered by an approved and currently

effective State or Tribal plan?

62.15030 What are my obligations under

this subpart if I reduce my small

municipal waste combustion unit’s

combustion capacity to less than 35 tons

per day?

62.15035 Is my small municipal waste

combustion unit subject to different

requirements based on plant capacity?

Compliance Schedule and Increments of

Progress

62.15040 What are the requirements for

meeting increments of progress and

achieving final compliance?

62.15045 When must I complete each

increment of progress?

62.15050 What must I include in the

notifications of achievement of my

increments of progress?

62.15055 When must I submit the

notifications of achievement of

increments of progress?

62.15060 What if I do not meet an

increment of progress?

62.15065 How do I comply with the

increment of progress for submittal of a

final control plan?

62.15070 How do I comply with the

increment of progress for awarding

contracts?

62.15075 How do I comply with the

increment of progress for initiating

onsite construction?

62.15080 How do I comply with the

increment of progress for completing

onsite construction?

62.15085 How do I comply with the

increment of progress for achieving final

compliance?

62.15090 What must I do if I close my

municipal waste combustion unit and

then restart my municipal waste

combustion unit?

62.15095 What must I do if I plan to

permanently close my municipal waste

combustion unit and not restart it?

Good Combustion Practices: Operator

Training

62.15100 What types of training must I do?

62.15105 Who must complete the operator

training course? By when?

62.15110 Who must complete the plantspecific training course?

62.15115 What plant-specific training must

I provide?

62.15120 What information must I include

in the plant-specific operating manual?

62.15125 Where must I keep the plantspecific operating manual?

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32499

Good Combustion Practices: Operator

Certification

62.15130 What types of operator

certification must the chief facility

operator and shift supervisor obtain and

by when must they obtain it?

62.15135 After the required date for

operator certification, who may operate

the municipal waste combustion unit?

62.15140 What if all the certified operators

must be temporarily offsite?

Good Combustion Practices: Operating

Requirements

62.15145 What are the operating practice

requirements for my municipal waste

combustion unit?

62.15150 What happens to the operating

requirements during periods of startup,

shutdown, and malfunction?

Emission Limits

62.15155 What pollutants are regulated by

this subpart?

62.15160 What emission limits must I

meet?

62.15165 What happens to the emission

limits during periods of startup,

shutdown, and malfunction?

Continuous Emission Monitoring

62.15170 What types of continuous

emission monitoring must I perform?

62.15175 What continuous emission

monitoring systems must I install for

gaseous pollutants?

62.15180 How are the data from the

continuous emission monitoring systems

used?

62.15185 How do I make sure my

continuous emission monitoring systems

are operating correctly?

62.15190 Am I exempt from any 40 CFR

Part 60 appendix B or appendix F

requirements to evaluate continuous

emission monitoring systems?

62.15195 What is my schedule for

evaluating continuous emission

monitoring systems?

62.15200 What must I do if I choose to

monitor carbon dioxide instead of

oxygen as a diluent gas?

62.15205 What is the minimum amount of

monitoring data I must collect with my

continuous emission monitoring systems

and is this requirement enforceable?

62.15210 How do I convert my 1-hour

arithmetic averages into appropriate

averaging times and units?

62.15215 What is required for my

continuous opacity monitoring system

and how are the data used?

62.15220 What additional requirements

must I meet for the operation of my

continuous emission monitoring systems

and continuous opacity monitoring

system?

62.15225 What must I do if my continuous

emission monitoring system is

temporarily unavailable to meet the data

collection requirements?

Stack Testing

62.15230 What types of stack tests must I

conduct?

62.15235 How are the stack test data used?

62.15240 What schedule must I follow for

the stack testing?

62.15245 What test methods must I use to

stack test?

62.15250 May I conduct stack testing less

often?

62.15255 May I deviate from the 13-month

testing schedule if unforeseen

circumstances arise?

Other Monitoring Requirements

62.15260 Must I meet other requirements

for continuous monitoring?

62.15265 How do I monitor the load of my

municipal waste combustion unit?

62.15270 How do I monitor the temperature

of flue gases at the inlet of my particulate

matter control device?

62.15275 How do I monitor the injection

rate of activated carbon?

62.15280 What is the minimum amount of

monitoring data I must collect with my

continuous parameter monitoring

systems and is this requirement

enforceable?

Recordkeeping

62.15285 What records must I keep?

62.15290 Where must I keep my records

and for how long?

62.15295 What records must I keep for

operator training and certification?

62.15300 What records must I keep for

stack tests?

62.15305 What records must I keep for

continuously monitored pollutants or

parameters?

62.15310 What records must I keep for

municipal waste combustion units that

use activated carbon?

Reporting

62.15315 What reports must I submit and in

what form?

62.15320 What are the appropriate units of

measurement for reporting my data?

62.15325 When must I submit the initial

report?

62.15330 What must I include in the initial

report?

62.15335 When must I submit the annual

report?

62.15340 What must I include in the annual

report?

62.15345 What must I do if I am out of

compliance with these standards?

62.15350 If a semiannual report is required,

when must I submit it?

62.15355 What must I include in the

semiannual out-of-compliance reports?

62.15360 Can reporting dates be changed?

Air Curtain Incinerators That Burn 100

Percent Yard Waste

62.15365 What is an air curtain incinerator?

62.15370 What is yard waste?

62.15375 What are the emission limits for

air curtain incinerators that burn 100

percent yard waste?

62.15380 How must I monitor opacity for

air curtain incinerators that burn 100

percent yard waste?

62.15385 What are the recordkeeping and

reporting requirements for air curtain

incinerators that burn 100 percent yard

waste?

Equations

62.15390 What equations must I use?

Title V Requirements

62.15395 Does this subpart require me to

obtain an operating permit under title V

of the Clean Air Act?

62.15400 When must I submit a title V

permit application for my existing small

MWC unit?

Delegation of Authority

62.15405 What authorities are retained by

the Administrator?

Definitions

62.15410 What definitions must I know?

Tables

Table 1 of Subpart JJJ—Generic

Compliance Schedules and

Increments of Progress

Table 2 of Subpart JJJ—Class I Emission

Limits For Existing Small Municipal

Waste Combustion Units

Table 3 of Subpart JJJ—Class I Nitrogen

Oxides Emission Limits For Existing

Small Municipal Waste Combustion

Units

Table 4 of Subpart JJJ—Class II Emission

Limits For Existing Small Municipal

Waste Combustion Units

Table 5 of Subpart JJJ—Carbon

Monoxide Emission Limits For

Existing Small Municipal Waste

Combustion Units

Table 6 of Subpart JJJ—Requirements for

Validating Continuous Emission

Monitoring Systems (CEMS)

Table 7 of Subpart JJJ—Requirements for

Continuous Emission Monitoring

Systems (CEMS)

Table 8 of Subpart JJJ—Requirements for

Stack Tests

Table 9 of Subpart JJJ—Site-specific

Compliance Schedules and

Increments of Progress

Subpart JJJ—Federal Plan

Requirements for Small Municipal

Waste Combustion Units Constructed

on or Before August 30, 1999

Introduction

§ 62.15000 What is the purpose of this

subpart?

(a) This subpart establishes emission

requirements and compliance schedules

for the control of emissions from

existing small municipal waste

combustion units that are not covered

by an EPA approved and currently

effective State plan. The pollutants

addressed by these emission

requirements are listed in tables 2, 3, 4,

and 5 of this subpart. These emission

requirements are developed in

accordance with sections 111(d) and

129 of the Clean Air Act and subpart B

of 40 CFR part 60.

32500 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

(b) In this subpart, you means the

owner or operator of a small municipal

waste combustion unit.

§ 62.15005 What are the principal

components of this subpart?

This subpart contains five major

components:

(a) Increments of progress toward

compliance.

(b) Good combustion practices.

(1) Operator training.

(2) Operator certification.

(3) Operating requirements.

(c) Emission limits.

(d) Monitoring and stack testing.

(e) Recordkeeping and reporting.

Applicability of This Subpart

§ 62.15010 Is my municipal waste

combustion unit covered by this subpart?

(a) This subpart applies to your small

municipal waste combustion unit if the

unit meets the criteria in paragraphs

(a)(1) and (a)(2) and the criteria in either

paragraph (a)(3) or (a)(4) of this section:

(1) Your municipal waste combustion

unit has the capacity to combust at least

35 tons per day of municipal solid waste

or refuse-derived fuel but no more than

250 tons per day of municipal solid

waste or refuse-derived fuel.

(2) Your municipal waste combustion

unit commenced construction on or

before August 30, 1999.

(3) Your municipal waste combustion

unit is not regulated by an EPA

approved and currently effective State

or Tribal plan.

(4) Your municipal waste combustion

unit is located in any State whose

approved State plan is subsequently

vacated in whole or in part, or the

municipal waste combustion unit is

located in Indian country if the

approved Tribal plan for that area is

subsequently vacated in whole or in

part.

(b) If you make a change to your

municipal waste combustion unit that

meets the definition of modification or

reconstruction after June 6, 2001, your

municipal waste combustion unit

becomes subject to subpart AAAA of 40

CFR part 60 (New Source Performance

Standards for Small Municipal Waste

Combustion Units) and this subpart no

longer applies to your unit.

(c) If you make physical or

operational changes to your existing

municipal waste combustion unit

primarily to comply with this subpart,

then subpart AAAA of 40 CFR part 60

(New Source Performance Standards for

Small Municipal Waste Combustion

Units) does not apply to your unit. Such

changes do not constitute modifications

or reconstructions under subpart AAAA

of 40 CFR part 60.

(d) Upon approval of the State or

Tribal plan, this subpart will no longer

apply, except for the provisions of this

subpart that may have been

incorporated by reference under the

State or Tribal plan, or delegated to the

State by the Administrator.

§ 62.15015 Can my small municipal waste

combustion unit be covered by both a State

plan and this subpart?

(a) If your municipal waste

combustion unit is located in a State

that has a State plan that has not been

approved by the EPA or has not become

effective, then this subpart applies and

the State plan would not apply to your

municipal waste combustion unit.

However, the State could enforce the

requirements of a State regulation while

your municipal waste combustion unit

is still subject to this subpart.

(b) After the State plan is approved by

the EPA and becomes effective, your

municipal waste combustion unit is no

longer subject to this subpart and will

only be subject to the approved and

effective State plan.

§ 62.15020 Can my small municipal waste

combustion unit be exempt from this

subpart?

(a) Small municipal waste combustion

units that combust less than 11 tons per

day. Your unit is exempt from this

subpart if four requirements are met:

(1) Your municipal waste combustion

unit is subject to a federally enforceable

permit limiting municipal solid waste

combustion to less than 11 tons per day.

(2) You notify the Administrator that

the unit qualifies for this exemption.

(3) You submit to the Administrator a

copy of the federally enforceable permit.

(4) You keep daily records of the

amount of municipal solid waste

combusted.

(b) Small power production units.

Your unit is exempt from this subpart if

four requirements are met:

(1) Your unit qualifies as a small

power production facility under section

3(17)(C) of the Federal Power Act (16

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

(2) Your unit combusts homogeneous

waste (excluding refuse-derived fuel) to

produce electricity.

(3) You notify the Administrator that

the unit qualifies for this exemption.

(4) You submit to the Administrator

documentation that the unit qualifies for

this exemption.

(c) Cogeneration units. Your unit is

exempt from this subpart if four

requirements are met:

(1) Your unit qualifies as a

cogeneration facility under section

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

U.S.C. 796(18)(B)).

(2) Your unit combusts homogeneous

waste (excluding refuse-derived fuel) to

produce electricity and steam or other

forms of energy used for industrial,

commercial, heating, or cooling

purposes.

(3) You notify the Administrator that

the unit qualifies for this exemption.

(4) You submit to the Administrator

documentation that the unit qualifies for

this exemption.

(d) Municipal waste combustion units

that combust only tires. Your unit is

exempt from this subpart if three

requirements are met:

(1) Your municipal waste combustion

unit combusts a single-item waste

stream of tires and no other municipal

waste (the unit can cofire coal, fuel oil,

natural gas, or other nonmunicipal solid

waste).

(2) You notify the Administrator that

the unit qualifies for this exemption.

(3) You provide the Administrator

documentation that the unit qualifies for

this exemption.

(e) Hazardous waste combustion

units. Your unit is exempt from this

subpart if the unit has received a permit

under section 3005 of the Solid Waste

Disposal Act.

(f) Materials recovery units. Your unit

is exempt from this subpart if the unit

combusts waste mainly to recover

metals. Primary and secondary smelters

may qualify for this exemption.

(g) Cofired units. Your unit is exempt

from this subpart if four requirements

are met:

(1) Your unit has a federally

enforceable permit limiting municipal

solid waste combustion to 30 percent of

the total fuel input by weight.

(2) You notify the Administrator that

the unit qualifies for this exemption.

(3) You provide the Administrator

with a copy of the federally enforceable

permit.

(4) You record the weights, each

quarter, of municipal solid waste and of

all other fuels combusted.

(h) Plastics/rubber recycling units.

Your unit is exempt from this subpart if

four requirements are met:

(1) Your pyrolysis/combustion unit is

an integrated part of a plastics/rubber

recycling unit as defined under

‘‘Definitions’’ (§ 62.15405).

(2) You record the weight, each

quarter, of plastics, rubber, and rubber

tires processed.

(3) You record the weight, each

quarter, of feed stocks produced and

marketed from chemical plants and

petroleum refineries.

(4) You keep the name and address of

the purchaser of the feed stocks.

(i) Units that combust fuels made

from products of plastics/rubber

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32501

recycling plants. Your unit is exempt

from this subpart if two requirements

are met:

(1) Your unit combusts gasoline,

diesel fuel, jet fuel, fuel oils, residual

oil, refinery gas, petroleum coke,

liquified petroleum gas, propane, or

butane produced by chemical plants or

petroleum refineries that use feed stocks

produced by plastics/rubber recycling

units.

(2) Your unit does not combust any

other municipal solid waste.

(j) Cement kilns. Your unit is exempt

from this subpart if your cement kiln

combusts municipal solid waste.

(k) Air curtain incinerators. If your air

curtain incinerator (see § 62.15405 for

definition) combusts 100 percent yard

waste, then you must meet only the

requirements under ‘‘Air Curtain

Incinerators That Burn 100 Percent Yard

Waste’’ (§§ 62.15365 through 62.15385).

§ 62.15025 How do I determine if my small

municipal waste combustion unit is covered

by an approved and currently effective

State or Tribal Plan?

This part (40 CFR part 62) contains a

list of all States and Tribal areas with

approved Clean Air Act section 111(d)

and section 129 plans in effect.

However, this part is only updated once

per 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 has occurred since

publication of the most recent version of

this part.

§ 62.15030 What are my obligations under

this subpart if I reduce my small municipal

waste combustion unit’s combustion

capacity to less than 35 tons per day?

If you reduce your small municipal

waste combustion unit’s combustion

capacity to less than 35 tons per day by

the final compliance date, you must

comply only with the following

requirements:

(a) You must submit a final control

plan according to the schedule in table

1 of this subpart and comply with

§ 62.15065(b).

(b) The final control plan must, at a

minimum, include two items:

(1) A description of the physical

changes that will be made to accomplish

the reduction in combustion capacity. A

permit restriction or a change in the

method of operation does not qualify as

a reduction in combustion capacity.

(2) Calculations of the current

maximum combustion capacity and the

planned maximum combustion capacity

after the reduction. Use the equations

specified under § 62.15390(d) and (e) to

calculate the combustion capacity of a

municipal waste combustion unit.

(c) You must complete the physical

changes to accomplish the reduction in

combustion capacity by the final

compliance date specified in table 1 of

this subpart.

(d) If you comply with all of the

requirements specified in paragraphs

(a),(b), and (c) of this section, you are no

longer subject to this subpart.

(e) You must comply with the

requirements specified in § 62.15395

and § 62.15400 regarding title V

permitting. If you comply with all of the

requirements specified in paragraphs

(a), (b), and (c) of this section, you are

no longer subject to title V permitting

requirements as a result of this subpart.

You will remain subject to title V

permitting requirements, however, if

you are subject as a result of one or

more of the applicability criteria in 40

CFR 70.3(a) and (b) or 71.3(a) and (b).

§ 62.15035 Is my small municipal waste

combustion unit subject to different

requirements based on plant capacity?

This subpart specifies different

requirements for different subcategories

of municipal waste combustion units.

These two subcategories are based on

aggregate capacity of the municipal

waste combustion plant as defined in

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

(a) Class I units. These are small

municipal waste combustion units that

are located at municipal waste

combustion plants with aggregate plant

combustion capacity greater than 250

tons per day of municipal solid waste.

(See the definition of municipal waste

combustion plant capacity in § 62.15410

for specification of which units at a

plant are included in the aggregate

capacity calculation.)

(b) Class II units. These are small

municipal waste combustion units that

are located at municipal waste

combustion plants with aggregate plant

combustion capacity of no more than

250 tons per day of municipal solid

waste. (See the definition of municipal

waste combustion plant capacity in

§ 62.15410 for specification of which

units at a plant are included in the

aggregate capacity calculation.)

Compliance Schedule and Increments

of Progress

§ 62.15040 What are the requirements for

meeting increments of progress and

achieving final compliance?

(a) Class I units. If you plan to achieve

compliance more than 1 year following

the effective date of this subpart and a

permit modification is not required, or

more than 1 year following the date of

issuance of a revised construction or

operation permit if a permit

modification is required, you must meet

five increments of progress:

(1) Submit a final control plan.

(2) Submit a notification of retrofit

contract award.

(3) Initiate onsite construction.

(4) Complete onsite construction.

(5) Achieve final compliance.

(b) Class II units. If you plan to

achieve compliance more than 1 year

following the effective date of this

subpart and a permit modification is not

required, or more than 1 year following

the date of issuance of a revised

construction or operation permit if a

permit modification is required, you

must meet two increments of progress:

(1) Submit a final control plan.

(2) Achieve final compliance.

§ 62.15045 When must I complete each

increment of progress?

(a) You must complete each

increment of progress according to the

compliance schedule in table 1 of this

subpart for Class I and II units. If your

Class I or Class II unit is listed in table

9 of this subpart, then you must

complete each increment of progress

according to the schedule in table 9 of

this subpart. (See § 62.15410 for

definitions of classes.)

(b) For Class I units (see definition in

§ 62.15410) that must meet the five

increments of progress, you must submit

dioxins/furans stack test results for at

least one test conducted during or after

1990. The stack tests must have been

conducted according to the procedures

specified under § 62.15245 and you

must submit the stack test results when

the final control plan is due for your

Class I MWC unit according to the

schedule in table 1 or table 9 of this

subpart.

§ 62.15050 What must I include in the

notifications of achievement of my

increments of progress?

Your notification of achievement of

increments of progress must include

three items:

(a) Notification that the increment of

progress has been achieved.

(b) Any items required to be

submitted with the increment of

progress (§§ 62.15065 through

62.15085).

(c) The notification must be signed by

the owner or operator of the municipal

waste combustion unit.

§ 62.15055 When must I submit the

notifications of achievement of increments

of progress?

Notifications of the achievement of

increments of progress must be

postmarked no later than 10 days after

the compliance date for the increment.

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§ 62.15060 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 specified date

in table 1 of this subpart for achieving

that increment of progress. This

notification must inform the

Administrator that you did not meet the

increment. You must include in the

notification an explanation of why the

increment of progress was not met and

your plan for meeting the increment as

expeditiously as possible. You must

continue to submit reports each

subsequent month until the increment

of progress is met.

§ 62.15065 How do I comply with the

increment of progress for submittal of a

final control plan?

For your final control plan increment

of progress, you must complete two

items:

(a) Submit the final control plan

describing the devices for air pollution

control and process changes that you

will use to comply with the emission

limits and other requirements of this

subpart. If you plan to reduce your

small municipal waste combustion

unit’s combustion capacity to less than

35 tons per day by the final compliance

date see § 62.15030.

(b) You must maintain an onsite copy

of the final control plan.

§ 62.15070 How do I comply with the

increment of progress for awarding

contracts?

You must submit a signed copy of the

contracts awarded to initiate onsite

construction, initiate onsite installation

of emission control equipment, and

incorporate process changes. Submit the

copy of the contracts with the

notification that this increment of

progress has been achieved. You do not

need to include documents incorporated

by reference or the attachments to the

contracts.

§ 62.15075 How do I comply with the

increment of progress for initiating onsite

construction?

You must initiate onsite construction

and installation of emission control

equipment and initiate the process

changes outlined in the final control

plan.

§ 62.15080 How do I comply with the

increment of progress for completing onsite

construction?

You must complete onsite

construction and installation of

emission control equipment and

complete process changes outlined in

the final control plan.

§ 62.15085 How do I comply with the

increment of progress for achieving final

compliance?

For the final compliance increment of

progress, you must complete two items:

(a) Complete all process changes and

complete retrofit construction as

specified in the final control plan.

(b) Connect the air pollution control

equipment with the municipal waste

combustion unit identified in the final

control plan and complete process

changes to the municipal waste

combustion unit so that if the affected

municipal waste combustion unit is

brought online, all necessary process

changes and air pollution control

equipment are operating as designed.

§ 62.15090 What must I do if I close my

municipal waste combustion unit and then

restart my municipal waste combustion

unit?

(a) If you close your municipal waste

combustion unit but will reopen it prior

to the applicable final compliance date

in table 1 of this subpart, you must meet

the increments of progress specified in

§ 62.15040.

(b) If you close your municipal waste

combustion unit but restart it after the

applicable final compliance date in

table 1 of this subpart, you must

complete the emission control retrofit

and meet the emission limits and good

combustion practices on the date your

municipal waste combustion unit

restarts operation.

§ 62.15095 What must I do if I plan to

permanently close my municipal waste

combustion unit and not restart it?

(a) If you plan to close your municipal

waste combustion unit rather than

comply with this subpart, you must

submit a closure notification, including

the date of closure, to the Administrator

by the date your final control plan is

due.

(b) If the closure date is later than 1

year after the effective date of this

subpart, you must enter into a legally

binding closure agreement with the

Administrator by the date your final

control plan is due. The agreement must

include two items.

(1) The date by which operation will

cease. The closure date can be no later

than the applicable final compliance

date in table 1 of this subpart.

(2) For Class I units only, dioxins/

furans stack test results for at least one

test conducted during or after 1990. The

stack tests must have been conducted

according to the procedures specified

under § 62.15245.

Good Combustion Practices: Operator

Training

§ 62.15100 What types of training must I

do?

There are two types of required

training:

(a) Training of operators of municipal

waste combustion units using the EPA

or a State-approved training course.

(b) Training of plant personnel using

a plant-specific training course.

§ 62.15105 Who must complete the

operator training course? By when?

(a) Three types of employees must

complete the EPA or State-approved

operator training course:

(1) Chief facility operators.

(2) Shift supervisors.

(3) Control room operators.

(b) These employees must complete

the operator training course by the later

of three dates:

(1) One year after the effective date of

this subpart.

(2) Six months after your municipal

waste combustion unit starts up.

(3) The date before an employee

assumes responsibilities that affect

operation of the municipal waste

combustion unit.

(c) The requirement in paragraph (a)

of this section does not apply to chief

facility operators, shift supervisors, and

control room operators who have

obtained full certification from the

American Society of Mechanical

Engineers on or before the effective date

of this subpart.

(d) You may request that the EPA

Administrator waive the requirement in

paragraph (a) of this section for chief

facility operators, shift supervisors, and

control room operators who have

obtained provisional certification from

the American Society of Mechanical

Engineers on or before the effective date

of this subpart.

§ 62.15110 Who must complete the plantspecific training course?

All employees with responsibilities

that affect how a municipal waste

combustion unit operates must

complete the plant-specific training

course. Include at least six types of

employees:

(a) Chief facility operators.

(b) Shift supervisors.

(c) Control room operators.

(d) Ash handlers.

(e) Maintenance personnel.

(f) Crane or load handlers.

§ 62.15115 What plant-specific training

must I provide?

For plant-specific training, you must

do four things:

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32503

(a) For training at a particular plant,

develop a specific operating manual for

that plant by the later of two dates:

(1) Six months after your municipal

waste combustion unit starts up.

(2) One year after the effective date of

this subpart.

(b) Establish a program to review the

plant-specific operating manual with

people whose responsibilities affect the

operation of your municipal waste

combustion unit. Complete the initial

review by the later of three dates:

(1) One year after the effective date of

this subpart.

(2) Six months after your municipal

waste combustion unit starts up.

(3) The date before an employee

assumes responsibilities that affect

operation of the municipal waste

combustion unit.

(c) Update your manual annually.

(d) Review your manual with staff

annually.

§ 62.15120 What information must I

include in the plant-specific operating

manual?

You must include 11 items in the

operating manual for your plant:

(a) A summary of all applicable

standards in this subpart.

(b) A description of the basic

combustion principles that apply to

municipal waste combustion units.

(c) Procedures for receiving, handling,

and feeding municipal solid waste.

(d) Procedures to be followed during

periods of startup, shutdown, and

malfunction of the municipal waste

combustion unit.

(e) Procedures for maintaining a

proper level of combustion air supply.

(f) Procedures for operating the

municipal waste combustion unit

within the standards contained in this

subpart.

(g) Procedures for responding to

periodic upset or off-specification

conditions.

(h) Procedures for minimizing

carryover of particulate matter.

(i) Procedures for handling ash.

(j) Procedures for monitoring

emissions from the municipal waste

combustion unit.

(k) Procedures for recordkeeping and

reporting.

§ 62.15125 Where must I keep the plantspecific operating manual?

You must keep your operating manual

in an easily accessible location at your

plant. It must be available for review or

inspection by all employees who must

review it and by the Administrator.

Good Combustion Practices: Operator

Certification

§ 62.15130 What types of operator

certification must the chief facility operator

and shift supervisor obtain and by when

must they obtain it?

(a) Each chief facility operator and

shift supervisor must obtain and keep a

current provisional operator

certification from the American Society

of Mechanical Engineers (QRO–1–1994

(incorporated by reference in § 60.17 of

subpart A of 40 CFR part 60)) or a

current provisional operator

certification from your State

certification program.

(b) Each chief facility operator and

shift supervisor must obtain a

provisional certification by the later of

three dates:

(1) For Class I units, 12 months after

the effective date of this subpart. For

Class II units, 18 months after the

effective date of this subpart.

(2) Six months after the municipal

waste combustion unit starts up.

(3) Six months after they transfer to

the municipal waste combustion unit or

6 months after they are hired to work at

the municipal waste combustion unit.

(c) Each chief facility operator and

shift supervisor must take one of three

actions:

(1) Obtain a full certification from the

American Society of Mechanical

Engineers or a State certification

program in your State.

(2) Schedule a full certification exam

with the American Society of

Mechanical Engineers (QRO–1–1994

(incorporated by reference in § 60.17 of

subpart A of 40 CFR part 60)).

(3) Schedule a full certification exam

with your State certification program.

(d) The chief facility operator and

shift supervisor must obtain the full

certification or be scheduled to take the

certification exam by the later of the

following dates:

(1) For Class I units, 12 months after

the effective date of this subpart. For

Class II units, 18 months after the

effective date of this subpart.

(2) Six months after the municipal

waste combustion unit starts up.

(3) Six months after they transfer to

the municipal waste combustion unit or

6 months after they are hired to work at

the municipal waste combustion unit.

§ 62.15135 After the required date for

operator certification, who may operate the

municipal waste combustion unit?

After the required date for full or

provisional certification, you must not

operate your municipal waste

combustion unit unless one of four

employees is on duty:

(a) A fully certified chief facility

operator.

(b) A provisionally certified chief

facility operator who is scheduled to

take the full certification exam.

(c) A fully certified shift supervisor.

(d) A provisionally certified shift

supervisor who is scheduled to take the

full certification exam.

§ 62.15140 What if all the certified

operators must be temporarily offsite?

If the certified chief facility operator

and certified shift supervisor both are

unavailable, a provisionally certified

control room operator at the municipal

waste combustion unit may fulfill the

certified operator requirement.

Depending on the length of time that a

certified chief facility operator and

certified shift supervisor is away, you

must meet one of three criteria:

(a) When the certified chief facility

operator and certified shift supervisor

are both offsite for 12 hours or less and

no other certified operator is onsite, the

provisionally certified control room

operator may perform those duties

without notice to, or approval by, the

Administrator.

(b) When the certified chief facility

operator and certified shift supervisor

are offsite for more than 12 hours, but

for 2 weeks or less, and no other

certified operator is onsite, the

provisionally certified control room

operator may perform those duties

without notice to, or approval by, the

Administrator. However, you must

record the periods when the certified

chief facility operator and certified shift

supervisor are offsite and include this

information in the annual report as

specified under § 62.15340(l).

(c) When the certified chief facility

operator and certified shift supervisor

are offsite for more than 2 weeks and no

other certified operator is onsite, the

provisionally certified control room

operator may perform those duties

without notice to, or approval by, the

Administrator. However, you must take

two actions:

(1) Notify the Administrator in

writing. In the notice, state what caused

the absence and what you are doing to

ensure that a certified chief facility

operator or certified shift supervisor is

onsite.

(2) Submit a status report and

corrective action summary to the

Administrator every 4 weeks following

the initial notification. If the

Administrator notifies you that your

status report or corrective action

summary is disapproved, the municipal

waste combustion unit may continue

operation for 90 days, but then must

cease operation. If corrective actions are

32504 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

taken in the 90-day period such that the

Administrator withdraws the

disapproval, municipal waste

combustion unit operation may

continue.

Good Combustion Practices: Operating

Requirements

§ 62.15145 What are the operating practice

requirements for my municipal waste

combustion unit?

(a) You must not operate your

municipal waste combustion unit at

loads greater than 110 percent of the

maximum demonstrated load of the

municipal waste combustion unit (4-

hour block average), as specified under

‘‘Definitions’’ (§ 62.15410).

(b) You must not operate your

municipal waste combustion unit so

that the temperature at the inlet of the

particulate matter control device

exceeds 17°C above the maximum

demonstrated temperature of the

particulate matter control device (4-hour

block average), as specified under

‘‘Definitions’’ (§ 62.15410).

(c) If your municipal waste

combustion unit uses activated carbon

to control dioxins/furans or mercury

emissions, you must maintain an 8-hour

block average carbon feed rate at or

above the highest average level

established during the most recent

dioxins/furans or mercury test.

(d) If your municipal waste

combustion unit uses activated carbon

to control dioxins/furans or mercury

emissions, you must evaluate total

carbon usage for each calendar quarter.

The total amount of carbon purchased

and delivered to your municipal waste

combustion plant must be at or above

the required quarterly usage of carbon.

At your option, you may choose to

evaluate required quarterly carbon usage

on a municipal waste combustion unit

basis for each individual municipal

waste combustion unit at your plant.

Calculate the required quarterly usage of

carbon using the appropriate equation

in § 62.15390.

(e) Your municipal waste combustion

unit is exempt from limits on load level,

temperature at the inlet of the

particulate matter control device, and

carbon feed rate during any of five

situations:

(1) During your annual tests for

dioxins/furans.

(2) During your annual mercury tests

(for carbon feed rate requirements only).

(3) During the 2 weeks preceding your

annual tests for dioxins/furans.

(4) During the 2 weeks preceding your

annual mercury tests (for carbon feed

rate requirements only).

(5) Whenever the Administrator

permits you to do any of five activities:

(i) Evaluate system performance.

(ii) Test new technology or control

technologies.

(iii) Perform diagnostic testing.

(iv) Perform other activities to

improve the performance of your

municipal waste combustion unit.

(v) Perform other activities to advance

the state of the art for emission controls

for your municipal waste combustion

unit.

§ 62.15150 What happens to the operating

requirements during periods of startup,

shutdown, and malfunction?

(a) The operating requirements of this

subpart apply at all times except during

periods of municipal waste combustion

unit startup, shutdown, or malfunction.

(b) Each startup, shutdown, or

malfunction must not last for longer

than 3 hours.

Emission Limits

§ 62.15155 What pollutants are regulated

by this subpart?

Eleven pollutants, in four groupings,

are regulated:

(a) Organics. Dioxins/furans.

(b) Metals. 

(1) Cadmium.

(2) Lead.

(3) Mercury.

(4) Opacity.

(5) Particulate matter.

(c) Acid gases. 

(1) Hydrogen chloride.

(2) Nitrogen oxides.

(3) Sulfur dioxide.

(d) Other. 

(1) Carbon monoxide.

(2) Fugitive ash.

§ 62.15160 What emission limits must I

meet?

(a) After the date the initial stack test

and continuous emission monitoring

system evaluation are required or

completed (whichever is earlier), you

must meet the applicable emission

limits specified in the four tables of this

section:

(1) For Class I units, see tables 2 and

3 of this subpart.

(2) For Class II units, see table 4 of

this subpart.

(3) For carbon monoxide emission

limits for both classes of units, see table

5 of this subpart.

(b) If your Class I municipal waste

combustion unit began construction,

reconstruction, or modification after

June 26, 1987, then you must comply

with the dioxins/furans and mercury

emission limits specified in table 2 of

this subpart as applicable by the later of

the following two dates:

(1) One year after the effective date of

this subpart.

(2) One year after the issuance of a

revised construction or operating

permit, if a permit modification is

required. Final compliance with the

dioxins/furans limits must be achieved

no later than November 6, 2005, even if

the date one year after the issuance of

a revised construction or operating

permit is later than November 6, 2005.

§ 62.15165 What happens to the emission

limits during periods of startup, shutdown,

and malfunction?

(a) The emission limits of this subpart

apply at all times except during periods

of municipal waste combustion unit

startup, shutdown, or malfunction.

(b) Each startup, shutdown, or

malfunction must not last for longer

than 3 hours.

(c) A maximum of 3 hours of test data

can be dismissed from compliance

calculations during periods of startup,

shutdown, or malfunction.

(d) During startup, shutdown, or

malfunction periods longer than 3

hours, emissions data cannot be

discarded from compliance calculations

and all provisions under § 60.11(d) of

subpart A of 40 CFR part 60 apply.

Continuous Emission Monitoring

§ 62.15170 What types of continuous

emission monitoring must I perform?

To continuously monitor emissions,

you must perform four tasks:

(a) Install continuous emission

monitoring systems for certain gaseous

pollutants.

(b) Make sure your continuous

emission monitoring systems are

operating correctly.

(c) Make sure you obtain the

minimum amount of monitoring data.

(d) Install a continuous opacity

monitoring system.

§ 62.15175 What continuous emission

monitoring systems must I install for

gaseous pollutants?

(a) You must install, calibrate,

maintain, and operate continuous

emission monitoring systems for oxygen

(or carbon dioxide), sulfur dioxide, and

carbon monoxide. If you operate a Class

I municipal waste combustion unit, also

install, calibrate, maintain, and operate

a continuous emission monitoring

system for nitrogen oxides. Install the

continuous emission monitoring system

for sulfur dioxide, nitrogen oxides, and

oxygen (or carbon dioxide) at the outlet

of the air pollution control device.

(b) You must install, evaluate, and

operate each continuous emission

monitoring system according to the

‘‘Monitoring Requirements’’ in § 60.13

of subpart A of 40 CFR part 60.

(c) You must monitor the oxygen (or

carbon dioxide) concentration at each

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32505

location where you monitor sulfur

dioxide and carbon monoxide.

Additionally, if you operate a Class I

municipal waste combustion unit, you

must also monitor the oxygen (or carbon

dioxide) concentration at the location

where you monitor nitrogen oxides.

(d) You may choose to monitor carbon

dioxide instead of oxygen as a diluent

gas. If you choose to monitor carbon

dioxide, then an oxygen monitor is not

required and you must follow the

requirements in § 62.15200.

(e) If you choose to demonstrate

compliance by monitoring the percent

reduction of sulfur dioxide, you must

also install a continuous emission

monitoring system for sulfur dioxide

and oxygen (or carbon dioxide) at the

inlet of the air pollution control device.

(f) If you prefer to use an alternative

sulfur dioxide monitoring method, such

as parametric monitoring, or cannot

monitor emissions at the inlet of the air

pollution control device to determine

percent reduction, you can apply to the

Administrator for approval to use an

alternative monitoring method under

§ 60.13(i) of subpart A of 40 CFR part

60.

§ 62.15180 How are the data from the

continuous emission monitoring systems

used?

You must use data from the

continuous emission monitoring

systems for sulfur dioxide, nitrogen

oxides, and carbon monoxide to

demonstrate continuous compliance

with the applicable emission limits

specified in tables 2, 3, 4, and 5 of this

subpart. To demonstrate compliance for

dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

hydrogen chloride, and fugitive ash, see

§ 62.15235.

§ 62.15185 How do I make sure my

continuous emission monitoring systems

are operating correctly?

(a) Conduct initial, daily, quarterly,

and annual evaluations of your

continuous emission monitoring

systems that measure oxygen (or carbon

dioxide), sulfur dioxide, nitrogen oxides

(Class I municipal waste combustion

units only), and carbon monoxide.

(b) Complete your initial evaluation of

the continuous emission monitoring

systems within 180 days after your final

compliance date.

(c) For initial and annual evaluations,

collect data concurrently (or within 30

to 60 minutes) using your oxygen (or

carbon dioxide) continuous emission

monitoring system, your sulfur dioxide,

nitrogen oxides, or carbon monoxide

continuous emission monitoring

systems, as appropriate, and the

appropriate test methods specified in

table 6 of this subpart. Collect these data

during each initial and annual

evaluation of your continuous emission

monitoring systems following the

applicable performance specifications in

appendix B of 40 CFR part 60. Table 7

of this subpart shows the performance

specifications that apply to each

continuous emission monitoring system.

(d) Follow the quality assurance

procedures in Procedure 1 of appendix

F of 40 CFR part 60 for each continuous

emission monitoring system. These

procedures include daily calibration

drift and quarterly accuracy

determinations.

§ 62.15190 Am I exempt from any 40 CFR

part 60 appendix B or appendix F

requirements to evaluate continuous

emission monitoring systems?

Yes, the accuracy tests for your sulfur

dioxide continuous emission

monitoring system require you to also

evaluate your oxygen (or carbon

dioxide) continuous emission

monitoring system. Therefore, your

oxygen (or carbon dioxide) continuous

emission monitoring system is exempt

from two requirements:

(a) Section 2.3 of Performance

Specification 3 in appendix B of 40 CFR

part 60 (relative accuracy requirement).

(b) Section 5.1.1 of appendix F of 40

CFR part 60 (relative accuracy test

audit).

§ 62.15195 What is my schedule for

evaluating continuous emission monitoring

systems?

(a) Conduct annual evaluations of

your continuous emission monitoring

systems no more than 13 months after

the previous evaluation was conducted.

(b) Evaluate your continuous emission

monitoring systems daily and quarterly

as specified in appendix F of 40 CFR

part 60.

§ 62.15200 What must I do if I choose to

monitor carbon dioxide instead of oxygen

as a diluent gas?

You must establish the relationship

between oxygen and carbon dioxide

during the initial evaluation of your

continuous emission monitoring system.

You may reestablish the relationship

during annual evaluations. To establish

the relationship use three procedures:

(a) Use EPA Reference Method 3A or

3B in Appendix A of 40 CFR part 60 to

determine oxygen concentration at the

location of your carbon dioxide monitor.

(b) Conduct at least three test runs for

oxygen. Make sure each test run

represents a 1-hour average and that

sampling continues for at least 30

minutes in each hour.

(c) Use the fuel-factor equation in EPA

Reference Method 3B to determine the

relationship between oxygen and carbon

dioxide.

§ 62.15205 What is the minimum amount

of monitoring data I must collect with my

continuous emission monitoring systems

and is this requirement enforceable?

(a) Where continuous emission

monitoring systems are required, obtain

1-hour arithmetic averages. Make sure

the averages for sulfur dioxide, nitrogen

oxides (Class I municipal waste

combustion units only), and carbon

monoxide are in parts per million by

dry volume at 7 percent oxygen (or the

equivalent carbon dioxide level). Use

the 1-hour averages of oxygen (or carbon

dioxide) data from your continuous

emission monitoring system to

determine the actual oxygen (or carbon

dioxide) level and to calculate

emissions at 7 percent oxygen (or the

equivalent carbon dioxide level).

(b) Obtain at least two data points per

hour in order to calculate a valid 1-hour

arithmetic average. Section 60.13(e)(2)

of subpart A of 40 CFR part 60 requires

your continuous emission monitoring

systems to complete at least one cycle

of operation (sampling, analyzing, and

data recording) for each 15-minute

period.

(c) Obtain valid 1-hour averages for 75

percent of the operating hours per day

for 90 percent of the operating days per

calendar quarter. An operating day is

any day the unit combusts any

municipal solid waste or refuse-derived

fuel.

(d) If you do not obtain the minimum

data required in paragraphs (a) through

(c) of this section, you are in violation

of this data collection requirement

regardless of the emission level

monitored, and you must notify the

Administrator according to

§ 62.15340(e).

(e) If you do not obtain the minimum

data required in paragraphs (a) through

(c) of this section, you must still use all

valid data from the continuous emission

monitoring systems in calculating

emission concentrations and percent

reductions in accordance with

§ 62.15210.

§ 62.15210 How do I convert my 1-hour

arithmetic averages into appropriate

averaging times and units?

(a) Use the equation in § 62.15390(a)

to calculate emissions at 7 percent

oxygen.

(b) Use EPA Reference Method 19 in

Appendix A of 40 CFR part 60, section

4.3, to calculate the daily geometric

average concentrations of sulfur dioxide

emissions. If you are monitoring the

percent reduction of sulfur dioxide, use

32506 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

EPA Reference Method 19, section 5.4,

to determine the daily geometric average

percent reduction of potential sulfur

dioxide emissions.

(c) If you operate a Class I municipal

waste combustion unit, use EPA

Reference Method 19, section 4.1, to

calculate the daily arithmetic average

for concentrations of nitrogen oxides.

(d) Use EPA Reference Method 19,

section 4.1, to calculate the 4-hour or

24-hour daily block averages (as

applicable) for concentrations of carbon

monoxide.

§ 62.15215 What is required for my

continuous opacity monitoring system and

how are the data used?

(a) Install, calibrate, maintain, and

operate a continuous opacity monitoring

system.

(b) Install, evaluate, and operate each

continuous opacity monitoring system

according to § 60.13 of subpart A 40

CFR part 60.

(c) Complete an initial evaluation of

your continuous opacity monitoring

system according to Performance

Specification 1 in appendix B of 40 CFR

part 60. Complete this evaluation by 180

days after your final compliance date.

(d) Complete each annual evaluation

of your continuous opacity monitoring

system no more than 13 months after

the previous evaluation.

(e) Use tests conducted according to

EPA Reference Method 9, as specified in

§ 62.15245, to determine compliance

with the applicable opacity limit in

tables 2 or 4 of this subpart. The data

obtained from your continuous opacity

monitoring system are not used to

determine compliance with the opacity

limit.

§ 62.15220 What additional requirements

must I meet for the operation of my

continuous emission monitoring systems

and continuous opacity monitoring

system?

Use the required span values and

applicable performance specifications in

table 8 of this subpart.

§ 62.15225 What must I do if my

continuous emission monitoring system is

temporarily unavailable to meet the data

collection requirements?

Refer to table 8 of this subpart. It

shows alternate methods for collecting

data when these systems malfunction or

when repairs, calibration checks, or zero

and span checks keep you from

collecting the minimum amount of data.

Stack Testing

§ 62.15230 What types of stack tests must

I conduct?

Conduct initial and annual stack tests

to measure the emission levels of

dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

hydrogen chloride, and fugitive ash.

§ 62.15235 How are the stack test data

used?

You must use results of stack tests for

dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

hydrogen chloride, and fugitive ash to

demonstrate compliance with the

applicable emission limits in tables 2

and 4 of this subpart. To demonstrate

compliance for carbon monoxide,

nitrogen oxides, and sulfur dioxide, see

§ 62.15180.

§ 62.15240 What schedule must I follow for

the stack testing?

(a) Conduct initial stack tests for the

pollutants listed in § 62.15230 by 180

days after your final compliance date.

(b) Conduct annual stack tests for

these pollutants after the initial stack

test. Conduct each annual stack test no

later than 13 months after the previous

stack test.

§ 62.15245 What test methods must I use

to stack test?

(a) Follow table 8 of this subpart to

establish the sampling location and to

determine pollutant concentrations,

number of traverse points, individual

test methods, and other specific testing

requirements for the different

pollutants.

(b) Make sure that stack tests for all

these pollutants consist of at least three

test runs, as specified in § 60.8

(Performance Tests) of subpart A of 40

CFR part 60. Use the average of the

pollutant emission concentrations from

the three test runs to determine

compliance with the applicable

emission limits in tables 2 and 4 of this

subpart.

(c) Obtain an oxygen (or carbon

dioxide) measurement at the same time

as your pollutant measurements to

determine diluent gas levels, as

specified in § 62.15175.

(d) Use the equations in § 62.15390(a)

to calculate emission levels at 7 percent

oxygen (or an equivalent carbon dioxide

basis), the percent reduction in potential

hydrogen chloride emissions, and the

reduction efficiency for mercury

emissions. See the individual test

methods in table 6 of this subpart for

other required equations.

(e) You can apply to the

Administrator for approval under

§ 60.8(b) of subpart A of 40 CFR part 60

to

(1) Use a reference method with

minor changes in methodology;

(2) Use an equivalent method;

(3) Use an alternative method the

results of which the Administrator has

determined are adequate for

demonstrating compliance;

(4) Waive the requirement for a

performance test because you have

demonstrated by other means that you

are in compliance; or

(5) use a shorter sampling time or

smaller sampling volume.

§ 62.15250 May I conduct stack testing

less often?

(a) You may test less often if you own

or operate a Class II municipal waste

combustion unit and if all stack tests for

a given pollutant over 3 consecutive

years show you comply with the

emission limit. In this case, you are not

required to conduct a stack test for that

pollutant for the next 2 years. However,

you must conduct another stack test

within 36 months of the anniversary

date of the third consecutive stack test

that shows you comply with the

emission limit. Thereafter, you must

perform stack tests every third year but

no later than 36 months following the

previous stack tests. If a stack test shows

noncompliance with an emission limit,

you must conduct annual stack tests for

that pollutant until all stack tests over

3 consecutive years show compliance

with the emission limit for that

pollutant. This provision applies to all

pollutants subject to stack testing

requirements: dioxins/furans, cadmium,

lead, mercury, particulate matter,

opacity, hydrogen chloride, and fugitive

ash.

(b) You can test less often for dioxins/

furans emissions if you own or operate

a municipal waste combustion plant

that meets two conditions. First, you

have multiple municipal waste

combustion units onsite that are subject

to this subpart. Second, all these

municipal waste combustion units have

demonstrated levels of dioxins/furans

emissions less than or equal to 15

nanograms per dry standard cubic meter

(total mass) for Class I units, or 30

nanograms per dry standard cubic meter

(total mass) for Class II units, for 2

consecutive years. In this case, you may

choose to conduct annual stack tests on

only one municipal waste combustion

unit per year at your plant. This

provision only applies to stack testing

for dioxins/furans emissions.

(1) Conduct the stack test no more

than 13 months following a stack test on

any municipal waste combustion unit

subject to this subpart at your plant.

Each year, test a different municipal

waste combustion unit subject to this

subpart and test all municipal waste

combustion units subject to this subpart

in a sequence that you determine. Once

you determine a testing sequence, it

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32507

must not be changed without approval

by the Administrator.

(2) If each annual stack test shows

levels of dioxins/furans emissions less

than or equal to 15 nanograms per dry

standard cubic meter (total mass) for

Class I units, or 30 nanograms per dry

standard cubic meter (total mass) for

Class II units, you may continue stack

tests on only one municipal waste

combustion unit subject to this subpart

per year.

(3) If any annual stack test indicates

levels of dioxins/furans emissions

greater than 15 nanograms per dry

standard cubic meter (total mass) for

Class I units, or 30 nanograms per dry

standard cubic meter (total mass) for

Class II units, conduct subsequent

annual stack tests on all municipal

waste combustion units subject to this

subpart at your plant. You may return

to testing one municipal waste

combustion unit subject to this subpart

per year if you can demonstrate dioxins/

furans emission levels less than or equal

to 15 nanograms per dry standard cubic

meter (total mass) for Class I units, or 30

nanograms per dry standard cubic meter

(total mass) for Class II units, for all

municipal waste combustion units at

your plant subject to this subpart for 2

consecutive years.

§ 62.15255 May I deviate from the 13-

month testing schedule if unforeseen

circumstances arise?

You may not deviate from the 13-

month testing schedules specified in

§§ 62.15240(b) and 62.15250(b)(1)

unless you apply to the Administrator

for an alternative schedule, and the

Administrator approves your request for

alternate scheduling prior to the date on

which you would otherwise have been

required to conduct the next stack test.

Other Monitoring Requirements

§ 62.15260 Must I meet other requirements

for continuous monitoring?

You must also monitor three

operating parameters:

(a) Load level of each municipal waste

combustion unit.

(b) Temperature of flue gases at the

inlet of your particulate matter air

pollution control device.

(c) Carbon feed rate if activated

carbon is used to control dioxins/furans

or mercury emissions.

§ 62.15265 How do I monitor the load of

my municipal waste combustion unit?

(a) If your municipal waste

combustion unit generates steam, you

must install, calibrate, maintain, and

operate a steam flowmeter or a feed

water flowmeter and meet five

requirements:

(1) Continuously measure and record

the measurements of steam (or feed

water) in kilograms per hour (or pounds

per hour).

(2) Calculate your steam (or feed

water) flow in 4-hour block averages.

(3) Calculate the steam (or feed water)

flow rate using the method in

‘‘American Society of Mechanical

Engineers (ASME PTC 4.1—1964): Test

Code for Steam Generating Units, Power

Test Code 4.1—1964 (R1991),’’ section 4

(incorporated by reference in § 60.17 of

subpart A of 40 CFR part 60).

(4) Design, construct, install, calibrate,

and use nozzles or orifices for flow rate

measurements, using the

recommendations in ‘‘American Society

of Mechanical Engineers Interim

Supplement 19.5 on Instruments and

Apparatus: Application, Part II of Fluid

Meters’’, 6th Edition (1971), chapter 4

(incorporated by reference in § 60.17 of

subpart A of 40 CFR part 60).

(5) Before each dioxins/furans stack

test, or at least once a year, calibrate all

signal conversion elements associated

with steam (or feed water) flow

measurements according to the

manufacturer instructions.

(b) If your municipal waste

combustion unit does not generate

steam, or, if your municipal waste

combustion units have shared steam

systems and steam load cannot be

estimated per unit, you must determine,

to the satisfaction of the Administrator,

one or more operating parameters that

can be used to continuously estimate

load level (for example, the feed rate of

municipal solid waste or refuse-derived

fuel). You must continuously monitor

the selected parameters.

§ 62.15270 How do I monitor the

temperature of flue gases at the inlet of my

particulate matter control device?

You must install, calibrate, maintain,

and operate a device to continuously

measure the temperature of the flue gas

stream at the inlet of each particulate

matter control device.

§ 62.15275 How do I monitor the injection

rate of activated carbon?

If your municipal waste combustion

unit uses activated carbon to control

dioxins/furans or mercury emissions,

you must meet three requirements:

(a) Select a carbon injection system

operating parameter that can be used to

calculate carbon feed rate (for example,

screw feeder speed).

(b) During each dioxins/furans and

mercury stack test, determine the

average carbon feed rate in kilograms (or

pounds) per hour. Also, determine the

average operating parameter level that

correlates to the carbon feed rate.

Establish a relationship between the

operating parameter and the carbon feed

rate in order to calculate the carbon feed

rate based on the operating parameter

level.

(c) Continuously monitor the selected

operating parameter during all periods

when the municipal waste combustion

unit is operating and combusting waste

and calculate the 8-hour block average

carbon feed rate in kilograms (or

pounds) per hour, based on the selected

operating parameter. When calculating

the 8-hour block average, do two things:

(1) Exclude hours when the municipal

waste combustion unit is not operating.

(2) Include hours when the municipal

waste combustion unit is operating but

the carbon feed system is not working

correctly.

§ 62.15280 What is the minimum amount

of monitoring data I must collect with my

continuous parameter monitoring systems

and is this requirement enforceable?

(a) Where continuous parameter

monitoring systems are used, obtain 1-

hour arithmetic averages for three

parameters:

(1) Load level of the municipal waste

combustion unit.

(2) Temperature of the flue gases at

the inlet of your particulate matter

control device.

(3) Carbon feed rate if activated

carbon is used to control dioxins/furans

or mercury emissions.

(b) Obtain at least two data points per

hour in order to calculate a valid 1-hour

arithmetic average.

(c) Obtain valid 1-hour averages for at

least 75 percent of the operating hours

per day for 90 percent of the operating

days per calendar quarter. An operating

day is any day the unit combusts any

municipal solid waste or refuse-derived

fuel.

(d) If you do not obtain the minimum

data required in paragraphs (a) through

(c) of this section, you are in violation

of this data collection requirement and

you must notify the Administrator

according to § 62.15340(e).

Recordkeeping

§ 62.15285 What records must I keep?

You must keep four types of records:

(a) Operator training and certification.

(b) Stack tests.

(c) Continuously monitored pollutants

and parameters.

(d) Carbon feed rate.

§ 62.15290 Where must I keep my records

and for how long?

(a) Keep all records onsite in paper

copy or electronic format unless the

Administrator approves another format.

32508 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

(b) Keep all records on each

municipal waste combustion unit for at

least 5 years.

(c) Make all records available for

submittal to the Administrator, or for

onsite review by an inspector.

§ 62.15295 What records must I keep for

operator training and certification?

You must keep records of six items:

(a) Records of provisional

certifications. Include three items:

(1) For your municipal waste

combustion plant, names of the chief

facility operator, shift supervisors, and

control room operators who are

provisionally certified by the American

Society of Mechanical Engineers or an

equivalent State-approved certification

program.

(2) Dates of the initial provisional

certifications.

(3) Documentation showing current

provisional certifications.

(b) Records of full certifications.

Include three items:

(1) For your municipal waste

combustion plant, names of the chief

facility operator, shift supervisors, and

control room operators who are fully

certified by the American Society of

Mechanical Engineers or an equivalent

State-approved certification program.

(2) Dates of initial and renewal full

certifications.

(3) Documentation showing current

full certifications.

(c) Records showing completion of the

operator training course. Include three

items:

(1) For your municipal waste

combustion plant, names of the chief

facility operator, shift supervisors, and

control room operators who have

completed the EPA or State municipal

waste combustion operator training

course.

(2) Dates of completion of the operator

training course.

(3) Documentation showing

completion of operator training course.

(d) Records of reviews for plantspecific operating manuals. Include

three items:

(1) Names of persons who have

reviewed the operating manual.

(2) Date of the initial review.

(3) Dates of subsequent annual

reviews.

(e) Records of when a certified

operator is temporarily offsite. Include

two main items:

(1) If the certified chief facility

operator and certified shift supervisor

are offsite for more than 12 hours but for

2 weeks or less and no other certified

operator is onsite, record the dates that

the certified chief facility operator and

certified shift supervisor were offsite.

(2) When all certified chief facility

operators and certified shift supervisors

are offsite for more than 2 weeks and no

other certified operator is onsite, keep

records of four items:

(i) Your notice that all certified

persons are offsite.

(ii) The conditions that cause these

people to be offsite.

(iii) The corrective actions you are

taking to ensure a certified chief facility

operator or certified shift supervisor is

onsite.

(iv) Copies of the written reports

submitted every 4 weeks that

summarize the actions taken to ensure

that a certified chief facility operator or

certified shift supervisor will be onsite.

(f) Records of calendar dates. Include

the calendar date on each record.

§ 62.15300 What records must I keep for

stack tests?

For stack tests required under

§ 62.15230, you must keep records of

four items:

(a) The results of the stack tests for

eight pollutants or parameters recorded

in the appropriate units of measure

specified in tables 2 or 4 of this subpart:

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(b) Test reports including supporting

calculations that document the results

of all stack tests.

(c) The maximum demonstrated load

of your municipal waste combustion

units and maximum temperature at the

inlet of your particulate matter control

device during all stack tests for dioxins/

furans emissions.

(d) The calendar date of each record.

§ 62.15305 What records must I keep for

continuously monitored pollutants or

parameters?

You must keep records of eight items.

(a) Records of monitoring data.

Document six parameters measured

using continuous monitoring systems:

(1) All 6-minute average levels of

opacity.

(2) All 1-hour average concentrations

of sulfur dioxide emissions.

(3) For Class I municipal waste

combustion units only, all 1-hour

average concentrations of nitrogen

oxides emissions.

(4) All 1-hour average concentrations

of carbon monoxide emissions.

(5) All 1-hour average load levels of

your municipal waste combustion unit.

(6) All 1-hour average flue gas

temperatures at the inlet of the

particulate matter control device.

(b) Records of average concentrations

and percent reductions. Document five

parameters:

(1) All 24-hour daily block geometric

average concentrations of sulfur dioxide

emissions or average percent reductions

of sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, all 24-hour daily

arithmetic average concentrations of

nitrogen oxides emissions.

(3) All 4-hour block or 24-hour daily

block arithmetic average concentrations

of carbon monoxide emissions.

(4) All 4-hour block arithmetic

average load levels of your municipal

waste combustion unit.

(5) All 4-hour block arithmetic

average flue gas temperatures at the

inlet of the particulate matter control

device.

(c) Records of exceedances. Document

three items:

(1) Calendar dates whenever any of

the five pollutants or parameter levels

recorded in paragraph (b) of this section

or the opacity level recorded in

paragraph (a)(1) of this section did not

meet the emission limits or operating

levels specified in this subpart.

(2) Reasons you exceeded the

applicable emission limits or operating

levels.

(3) Corrective actions you took, or are

taking, to meet the emission limits or

operating levels.

(d) Records of minimum data.

Document three items:

(1) Calendar dates for which you did

not collect the minimum amount of data

required under §§ 62.15205 and

62.15280. Record these dates for five

types of pollutants and parameters:

(i) Sulfur dioxide emissions.

(ii) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(iii) Carbon monoxide emissions.

(iv) Load levels of your municipal

waste combustion unit.

(v) Temperatures of the flue gases at

the inlet of the particulate matter

control device.

(2) Reasons you did not collect the

minimum data.

(3) Corrective actions you took or are

taking to obtain the required amount of

data.

(e) Records of exclusions. Document

each time you have excluded data from

your calculation of averages for any of

the following five pollutants or

parameters and the reasons the data

were excluded:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32509

(4) Load levels of your municipal

waste combustion unit.

(5) Temperatures of the flue gases at

the inlet of the particulate matter

control device.

(f) Records of drift and accuracy.

Document the results of your daily drift

tests and quarterly accuracy

determinations according to Procedure 1

of appendix F of 40 CFR part 60. Keep

these records for the sulfur dioxide,

nitrogen oxides (Class I municipal waste

combustion units only), and carbon

monoxide continuous emissions

monitoring systems.

(g) Records of the relationship

between oxygen and carbon dioxide. If

you chose to monitor carbon dioxide

instead of oxygen as a diluent gas,

document the relationship between

oxygen and carbon dioxide, as specified

in § 62.15200.

(h) Records of calendar dates. Include

the calendar date on each record.

§ 62.15310 What records must I keep for

municipal waste combustion units that use

activated carbon?

For municipal waste combustion

units that use activated carbon to

control dioxins/furans or mercury

emissions, you must keep records of five

items:

(a) Records of average carbon feed

rate. Document five items:

(1) Average carbon feed rate (in

kilograms or pounds per hour) during

all stack tests for dioxins/furans and

mercury emissions. Include supporting

calculations in the records.

(2) For the operating parameter

chosen to monitor carbon feed rate,

average operating level during all stack

tests for dioxins/furans and mercury

emissions. Include supporting data that

document the relationship between the

operating parameter and the carbon feed

rate.

(3) All 8-hour block average carbon

feed rates in kilograms (pounds) per

hour calculated from the monitored

operating parameter.

(4) Total carbon purchased and

delivered to the municipal waste

combustion plant for each calendar

quarter. If you choose to evaluate total

carbon purchased and delivered on a

municipal waste combustion unit basis,

record the total carbon purchased and

delivered for each individual municipal

waste combustion unit at your plant.

Include supporting documentation.

(5) Required quarterly usage of carbon

for the municipal waste combustion

plant, calculated using the appropriate

equation in § 62.15390(f). If you choose

to evaluate required quarterly usage for

carbon on a municipal waste

combustion unit basis, record the

required quarterly usage for each

municipal waste combustion unit at

your plant. Include supporting

calculations.

(b) Records of low carbon feed rates.

Document three items:

(1) The calendar dates when the

average carbon feed rate over an 8-hour

block was less than the average carbon

feed rates determined during the most

recent stack test for dioxins/furans or

mercury emissions (whichever has a

higher feed rate).

(2) Reasons for the low carbon feed

rates.

(3) Corrective actions you took or are

taking to meet the 8-hour average carbon

feed rate requirement.

(c) Records of minimum carbon feed

rate data. Document three items:

(1) Calendar dates for which you did

not collect the minimum amount of

carbon feed rate data required under

§ 62.15280.

(2) Reasons you did not collect the

minimum data.

(3) Corrective actions you took or are

taking to get the required amount of

data.

(d) Records of exclusions. Document

each time you have excluded data from

your calculation of average carbon feed

rates and the reasons the data were

excluded.

(e) Records of calendar dates. Include

the calendar date on each record.

Reporting

§ 62.15315 What reports must I submit and

in what form?

(a) Submit an initial report and

annual reports, plus semiannual reports

for any emission or parameter level that

does not meet the limits specified in

this subpart.

(b) Submit all reports on paper,

postmarked on or before the submittal

dates in §§ 62.15325, 62.15335, and

62.15350. If the Administrator agrees,

you may submit electronic reports.

(c) Keep a copy of all reports required

by §§ 62.15330, 62.15340, and 62.15355

onsite for 5 years.

§ 62.15320 What are the appropriate units

of measurement for reporting my data?

See tables 2, 3, 4 and 5 of this subpart

for appropriate units of measurement.

§ 62.15325 When must I submit the initial

report?

As specified in § 60.7(c) of subpart A

of 40 CFR part 60, submit your initial

report by 180 days after your final

compliance date.

§ 62.15330 What must I include in the

initial report?

You must include seven items:

(a) The emission levels measured on

the date of the initial evaluation of your

continuous emission monitoring

systems for all of the following five

pollutants or parameters as recorded in

accordance with § 62.15305(b).

(1) The 24-hour daily geometric

average concentration of sulfur dioxide

emissions or the 24-hour daily

geometric percent reduction of sulfur

dioxide emissions.

(2) For Class I municipal waste

combustion units only, the 24-hour

daily arithmetic average concentration

of nitrogen oxides emissions.

(3) The 4-hour block or 24-hour daily

arithmetic average concentration of

carbon monoxide emissions.

(4) The 4-hour block arithmetic

average load level of your municipal

waste combustion unit.

(5) The 4-hour block arithmetic

average flue gas temperature at the inlet

of the particulate matter control device.

(b) The results of the initial stack tests

for eight pollutants or parameters (use

appropriate units as specified in tables

2 or 4 of this subpart):

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(c) The test report that documents the

initial stack tests including supporting

calculations.

(d) The initial performance evaluation

of your continuous emissions

monitoring systems. Use the applicable

performance specifications in appendix

B of 40 CFR part 60 in conducting the

evaluation.

(e) The maximum demonstrated load

of your municipal waste combustion

unit and the maximum demonstrated

temperature of the flue gases at the inlet

of the particulate matter control device.

Use values established during your

initial stack test for dioxins/furans

emissions and include supporting

calculations.

(f) If your municipal waste

combustion unit uses activated carbon

to control dioxins/furans or mercury

emissions, the average carbon feed rates

that you recorded during the initial

stack tests for dioxins/furans and

mercury emissions. Include supporting

calculations as specified in

§ 62.15310(a)(1) and (2).

(g) If you choose to monitor carbon

dioxide instead of oxygen as a diluent

gas, documentation of the relationship

between oxygen and carbon dioxide, as

specified in § 62.15200.

32510 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

§ 62.15335 When must I submit the annual

report?

Submit the annual report no later than

February 1 of each year that follows the

calendar year in which you collected

the data. (As with all other requirements

in this subpart, the requirement to

submit an annual report does not

modify or replace the operating permits

requirements of 40 CFR parts 70 and

71.)

§ 62.15340 What must I include in the

annual report?

Summarize data collected for all

pollutants and parameters regulated

under this subpart. Your summary must

include twelve items:

(a) The results of the annual stack test,

using appropriate units, for eight

pollutants, as recorded under

§ 62.15300(a):

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(b) A list of the highest average

emission levels recorded, in the

appropriate units. List these values for

five pollutants or parameters:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste

combustion unit.

(5) Temperature of the flue gases at

the inlet of the particulate matter air

pollution control device (4-hour block

average).

(c) The highest 6-minute opacity level

measured. Base this value on all 6-

minute average opacity levels recorded

by your continuous opacity monitoring

system (§ 62.15305(a)(1)).

(d) For municipal waste combustion

units that use activated carbon for

controlling dioxins/furans or mercury

emissions, include four records:

(1) The average carbon feed rates

recorded during the most recent

dioxins/furans and mercury stack tests.

(2) The lowest 8-hour block average

carbon feed rate recorded during the

year.

(3) The total carbon purchased and

delivered to the municipal waste

combustion plant for each calendar

quarter. If you choose to evaluate total

carbon purchased and delivered on a

municipal waste combustion unit basis,

record the total carbon purchased and

delivered for each individual municipal

waste combustion unit at your plant.

(4) The required quarterly carbon

usage of your municipal waste

combustion plant calculated using the

appropriate equation in § 62.15390(f). If

you choose to evaluate required

quarterly usage for carbon on a

municipal waste combustion unit basis,

record the required quarterly usage for

each municipal waste combustion unit

at your plant.

(e) The total number of days that you

did not obtain the minimum number of

hours of data for six pollutants or

parameters. Include the reasons you did

not obtain the data and corrective

actions that you have taken to obtain the

data in the future. Include data on:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste

combustion unit.

(5) Temperature of the flue gases at

the inlet of the particulate matter air

pollution control device.

(6) Carbon feed rate.

(f) The number of hours you have

excluded data from the calculation of

average levels (include the reasons for

excluding it). Include data for six

pollutants or parameters:

(1) Sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, nitrogen oxides

emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste

combustion unit. (5) Temperature of the

flue gases at the inlet of the particulate

matter air pollution control device.

(6) Carbon feed rate.

(g) A notice of your intent to begin a

reduced stack testing schedule for

dioxins/furans emissions during the

following calendar year if you are

eligible for alternative scheduling

(§ 62.15250(a) or (b)).

(h) A notice of your intent to begin a

reduced stack testing schedule for other

pollutants during the following calendar

year if you are eligible for alternative

scheduling (§ 62.15250(a)).

(i) A summary of any emission or

parameter level that did not meet the

limits specified in this subpart.

(j) A summary of the data in

paragraphs (a) through (d) of this section

from the year preceding the reporting

year. This summary gives the

Administrator a summary of the

performance of the municipal waste

combustion unit over a 2-year period.

(k) If you choose to monitor carbon

dioxide instead of oxygen as a diluent

gas, documentation of the relationship

between oxygen and carbon dioxide, as

specified in § 62.15200.

(l) Documentation of periods when all

certified chief facility operators and

certified shift supervisors are offsite for

more than 12 hours.

§ 62.15345 What must I do if I am out of

compliance with these standards?

You must submit a semiannual report

on any recorded emission or parameter

level that does not meet the

requirements specified in this subpart.

§ 62.15350 If a semiannual report is

required, when must I submit it?

(a) For data collected during the first

half of a calendar year, submit your

semiannual report by August 1 of that

year.

(b) For data you collected during the

second half of the calendar year, submit

your semiannual report by February 1 of

the following year.

§ 62.15355 What must I include in the

semiannual out-of-compliance reports?

You must include three items in the

semiannual report:

(a) For any of the following six

pollutants or parameters that exceeded

the limits specified in this subpart,

include the calendar date they exceeded

the limits, the averaged and recorded

data for that date, the reasons for

exceeding the limits, and your

corrective actions:

(1) Concentration or percent reduction

of sulfur dioxide emissions.

(2) For Class I municipal waste

combustion units only, concentration of

nitrogen oxides emissions.

(3) Concentration of carbon monoxide

emissions.

(4) Load level of your municipal

waste combustion unit.

(5) Temperature of the flue gases at

the inlet of your particulate matter air

pollution control device.

(6) Average 6-minute opacity level.

The data obtained from your continuous

opacity monitoring system are not used

to determine compliance with the limit

on opacity emissions.

(b) If the results of your annual stack

tests (as recorded in § 62.15300(a)) show

emissions above the limits specified in

table 2 or 4 of this subpart as applicable

for dioxins/furans, cadmium, lead,

mercury, particulate matter, opacity,

hydrogen chloride, and fugitive ash,

include a copy of the test report that

documents the emission levels and your

corrective actions.

(c) For municipal waste combustion

units that apply activated carbon to

control dioxins/furans or mercury

emissions, include two items:

(1) Documentation of all dates when

the 8-hour block average carbon feed

rate (calculated from the carbon

injection system operating parameter) is

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32511

less than the highest carbon feed rate

established during the most recent

mercury and dioxins/furans stack test

(as specified in § 62.15310(a)(1)).

Include four items:

(i) Eight-hour average carbon feed

rate.

(ii) Reasons for these occurrences of

low carbon feed rates.

(iii) The corrective actions you have

taken to meet the carbon feed rate

requirement.

(iv) The calendar date.

(2) Documentation of each quarter

when total carbon purchased and

delivered to the municipal waste

combustion plant is less than the total

required quarterly usage of carbon. If

you choose to evaluate total carbon

purchased and delivered on a municipal

waste combustion unit basis, record the

total carbon purchased and delivered for

each individual municipal waste

combustion unit at your plant. Include

five items:

(i) Amount of carbon purchased and

delivered to the plant.

(ii) Required quarterly usage of

carbon.

(iii) Reasons for not meeting the

required quarterly usage of carbon.

(iv) The corrective actions you have

taken to meet the required quarterly

usage of carbon.

(v) The calendar date.

§ 62.15360 Can reporting dates be

changed?

(a) If the Administrator agrees, you

may change the semiannual or annual

reporting dates.

(b) See § 60.19(c) in subpart A of 40

CFR part 60 for procedures to seek

approval to change your reporting date.

Air Curtain Incinerators That Burn 100

Percent Yard Waste

§ 62.15365 What is an air curtain

incinerator?

An air curtain incinerator operates by

forcefully projecting a curtain of air

across an open chamber or open pit in

which combustion occurs. Incinerators

of this type can be constructed above or

below ground and with or without

refractory walls and floor.

§ 62.15370 What is yard waste?

Yard waste is grass, grass clippings,

bushes, shrubs, and clippings from

bushes and shrubs. They come from

residential, commercial/retail,

institutional, or industrial sources as

part of maintaining yards or other

private or public lands. Yard waste does

not include two items:

(a) Construction, renovation, and

demolition wastes that are exempt from

the definition of ‘‘municipal solid

waste’’ in § 62.15405.

(b) Clean wood that is exempt from

the definition of ‘‘municipal solid

waste’’ in § 62.15405 of this subpart.

§ 62.15375 What are the emission limits for

air curtain incinerators that burn 100

percent yard waste?

If your air curtain incinerator

combusts 100 percent yard waste, you

must meet only the emission limits in

this section.

(a) By 180 days after your final

compliance date, you must meet two

limits:

(1) The opacity limit is 10 percent (6-

minute average) for air curtain

incinerators that can combust at least 35

tons per day of municipal solid waste

and no more than 250 tons per day of

municipal solid waste.

(2) The opacity limit is 35 percent (6-

minute average) during the startup

period that is within the first 30 minutes

of operation.

(b) Except during malfunctions, the

requirements of this subpart apply at all

times. Each malfunction must not

exceed 3 hours.

§ 62.15380 How must I monitor opacity for

air curtain incinerators that burn 100

percent yard waste?

(a) Use EPA Reference Method 9 in

Appendix A of 40 CFR part 60 to

determine compliance with the opacity

limit.

(b) Conduct an initial test for opacity

as specified in § 60.8 of subpart A of 40

CFR part 60.

(c) After the initial test for opacity,

conduct annual tests no more than 13

calendar months following the date of

your previous test.

§ 62.15385 What are the recordkeeping

and reporting requirements for air curtain

incinerators that burn 100 percent yard

waste?

(a) Provide a notice of construction

that includes four items:

(1) Your intent to construct the air

curtain incinerator.

(2) Your planned initial startup date.

(3) Types of fuels you plan to combust

in your air curtain incinerator.

(4) The capacity of your incinerator,

including supporting capacity

calculations, as specified in

§ 62.15390(d) and (e).

(b) Keep records of results of all

opacity tests onsite in either paper copy

or electronic format unless the

Administrator approves another format.

(c) Keep all records for each

incinerator for at least 5 years.

(d) Make all records available for

submittal to the Administrator or for

onsite review by an inspector.

(e) Submit the results (each 6-minute

average) of the opacity tests by February

1 of the year following the year of the

opacity emission test.

(f) Submit reports as a paper copy on

or before the applicable submittal date.

If the Administrator agrees, you may

submit reports on electronic media.

(g) If the Administrator agrees, you

may change the annual reporting dates

(see § 60.19(c) in subpart A of 40 CFR

part 60).

(h) Keep a copy of all reports onsite

for a period of 5 years.

Equations

§ 62.15390 What equations must I use?

(a) Concentration correction to 7

percent oxygen. Correct any pollutant

concentration to 7 percent oxygen using

equation 1 of this section:

C C CO Eq 7% 2 unc = ∗( ) 13 9 1 20 9 . / . . 1 ∗ − ( ) ( ) ( )

Where:

C7% = concentration corrected to 7 percent

oxygen.

Cunc = uncorrected pollutant concentration.

CO2 = concentration of oxygen (%).

(b) Percent reduction in potential

mercury emissions. Calculate the

percent reduction in potential mercury

emissions (%PHg) using equation 2 of

this section:

% /. P E E E Eq Hg i o i = − ( )∗( ) 100 2 ( )

Where:

%PHg = percent reduction of potential

mercury emissions

Ei = mercury emission concentration as

measured at the air pollution control

device inlet, corrected to 7 percent oxygen,

dry basis

Eo = mercury emission concentration as

measured at the air pollution control

device outlet, corrected to 7 percent

oxygen, dry basis

(c) Percent reduction in potential

hydrogen chloride emissions. Calculate

the percent reduction in potential

hydrogen chloride emissions (%PHCl)

using equation 3 of this section:

% / (. P E E E Eq HCl i o i = − ( )∗( ) 100 3)

32512 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

Where

%PHCl = percent reduction of the potential

hydrogen chloride emissions

Ei = hydrogen chloride emission

concentration as measured at the air

pollution control device inlet, corrected to

7 percent oxygen, dry basis

Eo = hydrogen chloride emission

concentration as measured at the air

pollution control device outlet, corrected

to 7 percent oxygen, dry basis

(d) Capacity of a municipal waste

combustion unit. For a municipal waste

combustion unit that can operate

continuously for 24-hour periods,

calculate the capacity of the municipal

waste combustion unit based on 24

hours of operation at the maximum

charge rate. To determine the maximum

charge rate, use one of two methods:

(1) For municipal waste combustion

units with a design based on heat input

capacity, calculate the maximum

charging rate based on this maximum

heat input capacity and one of two

heating values:

(i) If your municipal waste

combustion unit combusts refusederived fuel, use a heating value of

12,800 kilojoules per kilogram (5,500

British thermal units per pound).

(ii) If your municipal waste

combustion unit combusts municipal

solid waste, use a heating value of

10,500 kilojoules per kilogram (4,500

British thermal units per pound).

(2) For municipal waste combustion

units with a design not based on heat

input capacity, use the maximum

designed charging rate.

(e) Capacity of a batch municipal

waste combustion unit. Calculate the

capacity of a batch municipal waste

combustion unit as the maximum

design amount of municipal solid waste

they can charge per batch multiplied by

the maximum number of batches they

can process in 24 hours. Calculate this

maximum number of batches by

dividing 24 by the number of hours

needed to process one batch. Retain

fractional batches in the calculation. For

example, if one batch requires 16 hours,

the municipal waste combustion unit

can combust 24/16, or 1.5 batches, in 24

hours.

(f) Quarterly carbon usage. If you use

activated carbon to comply with the

dioxins/furans or mercury limits,

calculate the required quarterly usage of

carbon using equation 4 or 5 of this

section for plant basis or unit basis:

(1) Plant basis.

C f h Eq i i

i

n

= ∗

=

∑

1

( . 4)

Where:

C = required quarterly carbon usage for the

plant in kilograms (or pounds).

fi = required carbon feed rate for the

municipal waste combustion unit in

kilograms (or pounds) per hour. This is the

average carbon feed rate during the most

recent mercury or dioxins/furans stack

tests (whichever has a higher feed rate).

hi = number of hours the municipal waste

combustion unit was in operation during

the calendar quarter (hours).

n = number of municipal waste combustion

units, i, located at your plant.

(2) Unit basis.

C f h Eq = ∗ ( . 5)

Where:

C = required quarterly carbon usage for the

unit in kilograms (or pounds).

f = required carbon feed rate for the

municipal waste combustion unit in

kilograms (or pounds) per hour. This is the

average carbon feed rate during the most

recent mercury or dioxins/furans stack

tests (whichever has a higher feed rate).

h = number of hours the municipal waste

combustion unit was in operation during

the calendar quarter (hours).

Title V Requirements

§ 62.15395 Does this subpart require me to

obtain an operating permit under title V of

the Clean Air Act?

Yes. If you are subject to this subpart

on the effective date of this subpart or

any time thereafter, you are required to

apply for and obtain a title V operating

permit.

§ 62.15400 When must I submit a title V

permit application for my existing small

MWC unit?

(a) You must submit a complete title

V permit application within 12 months

of when your source first becomes

subject to a title V permitting program.

See 40 CFR 70.3(a) and (b), 70.5(a)(1),

71.3(a) and (b), and 71.5(a)(1). As

provided in section 503(c) of the Clean

Air Act, permitting authorities may

establish permit application deadlines

earlier than the 12-month deadline.

(b) If your existing small MWC unit is

not subject to an earlier permit

application deadline, a complete title V

permit application must be submitted

not later than the date 36 months after

promulgation of 40 CFR Part 60, subpart

BBBB, or by the effective date of the

applicable State, Tribal, or Federal

operating permits program, whichever is

later. For any existing small MWC unit

not subject to an earlier application

deadline, this final application deadline

applies regardless of when this Federal

plan, or the relevant EPA approved

State or Tribal plan, is effective.

(c) 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 Clear Air Act and

40 CFR 70.5(a)(2) or 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); 40 CFR

70.7(b) and 71.7(b).

Delegation of Authority

§ 62.15405 What authorities are retained

by the Administrator?

These authorities are retained by the

EPA Administrator and not transferred

to the State upon delegation of authority

to the State to implement and enforce

this subpart.

(a) Approval of alternative nonopacity emission standard;

(b) Approval of alternative opacity

standard;

(c) Approval of major alternatives to

test methods;

(d) Approval of major alternatives to

monitoring;

(e) Waiver of recordkeeping; and

(f) approval of exemption to operating

practice requirements in

§ 62.15145(e)(5).

Definitions

§ 62.15410 What definitions must I know?

Terms used but not defined in this

section are defined in the Clean Air Act

and in subparts A and B of 40 CFR part

60.

Administrator means the

Administrator of the U.S.

Environmental Protection Agency or

his/her authorized representative or the

Administrator of a State Air Pollution

Control Agency.

Air curtain incinerator means an

incinerator that operates by forcefully

projecting a curtain of air across an open

chamber or pit in which combustion

occurs. Incinerators of this type can be

constructed above or below ground and

with or without refractory walls and

floor.

Batch municipal waste combustion

unit means a municipal waste

combustion unit designed so it cannot

combust municipal solid waste

continuously 24 hours per day because

the design does not allow waste to be

fed to the unit or ash to be removed

during combustion.

Calendar quarter means three

consecutive months (nonoverlapping)

beginning on: January 1, April 1, July 1,

or October 1.

Calendar year means 365 consecutive

days (or 366 consecutive days in leap

years) starting on January 1 and ending

on December 31.

Chief facility operator means the

person in direct charge and control of

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32513

the operation of a municipal waste

combustion unit. This person is

responsible for daily onsite supervision,

technical direction, management, and

overall performance of the municipal

waste combustion unit.

Class I units mean small municipal

waste combustion units subject to this

subpart that are located at municipal

waste combustion plants with an

aggregate plant combustion capacity

greater than 250 tons per day of

municipal solid waste. See the

definition of ‘‘municipal waste

combustion plant capacity’’ for

specification of which units at a plant

site are included in the aggregate

capacity calculation.

Class II units mean small municipal

combustion units subject to this subpart

that are located at municipal waste

combustion plants with aggregate plant

combustion capacity less than or equal

to 250 tons per day of municipal solid

waste. See the definition of ‘‘municipal

waste combustion plant capacity’’ for

specification of which units at a plant

site are included in the aggregate

capacity calculation.

Clean wood means untreated wood or

untreated wood products including

clean untreated lumber, tree stumps

(whole or chipped), and tree limbs

(whole or chipped). Clean wood does

not include two items:

(1) ‘‘Yard waste’’, which is defined in

this section.

(2) Construction, renovation, or

demolition wastes (for example, railroad

ties and telephone poles) that are

exempt from the definition of municipal

solid waste in this section.

Cofired combustion unit means a unit

that combusts municipal solid waste

with nonmunicipal solid waste fuel (for

example, coal, industrial process waste).

To be considered a cofired combustion

unit, the unit must be subject to a

federally enforceable permit that limits

it to combusting a fuel feed stream

which is 30 percent or less (by weight)

municipal solid waste as measured each

calendar quarter.

Continuous burning means the

continuous, semicontinuous, or batch

feeding of municipal solid waste to

dispose of the waste, produce energy, or

provide heat to the combustion system

in preparation for waste disposal or

energy production. Continuous burning

does not mean the use of municipal

solid waste solely to thermally protect

the grate or hearth during the startup

period when municipal solid waste is

not fed to the grate or hearth.

Continuous emission monitoring

system means a monitoring system that

continuously measures the emissions of

a pollutant from a municipal waste

combustion unit.

Contract means a legally binding

agreement or obligation that cannot be

canceled or modified without

substantial financial loss.

De-rate means to make a permanent

physical change to the municipal waste

combustor unit that reduces the

maximum combustion capacity of the

unit to less than or equal to 35 tons per

day of municipal solid waste. A permit

restriction or a changes in the method

of operation does not qualify as derating.

Dioxins/furans mean tetra-through

octachlorinated dibenzo-p-dioxins and

dibenzofurans.

Effective date of State plan approval

means the effective date that the EPA

approves the State plan. The Federal

Register specifies this date in the notice

that announces EPA’s approval of the

State plan.

Eight-hour block average means the

average of all hourly emission

concentrations or parameter levels when

the municipal waste combustion unit

operates and combusts municipal solid

waste measured over any of three 8-hour

periods of time:

(1) 12:00 midnight to 8:00 a.m.

(2) 8:00 a.m. to 4:00 p.m.

(3) 4:00 p.m. to 12:00 midnight.

EPA-approved State plan means a

State plan that EPA has reviewed and

approved based on the requirements in

40 CFR part 60 subpart B to implement

and enforce 40 CFR part 60, subpart

BBBB. An approved State plan becomes

effective on the date specified in the

notice published in the Federal Register

announcing EPA’s approval.

Federally enforceable means all limits

and conditions the Administrator can

enforce (including the requirements of

40 CFR parts 60, 61, and 63),

requirements in a State’s

implementation plan, and any permit

requirements established under 40 CFR

52.21 or under 40 CFR 51.18 and 40

CFR 51.24.

First calendar half means the period

that starts on January 1 and ends on

June 30 in any year.

Fluidized bed combustion unit means

a unit where municipal waste is

combusted in a fluidized bed of

material. The fluidized bed material

may remain in the primary combustion

zone or may be carried out of the

primary combustion zone and returned

through a recirculation loop.

Four-hour block average or 4-hour

block average means the average of all

hourly emission concentrations or

parameter levels when the municipal

waste combustion unit operates and

combusts municipal solid waste

measured over any of six 4-hour

periods:

(1) 12:00 midnight to 4 a.m.

(2) 4 a.m. to 8 a.m.

(3) 8 a.m. to 12:00 noon.

(4) 12:00 noon to 4 p.m.

(5) 4 p.m. to 8 p.m.

(6) 8 p.m. to 12:00 midnight.

Mass burn refractory municipal waste

combustion unit means a field-erected

municipal waste combustion unit that

combusts municipal solid waste in a

refractory wall furnace. Unless

otherwise specified, this includes

municipal waste combustion units with

a cylindrical rotary refractory wall

furnace.

Mass burn rotary waterwall municipal

waste combustion unit means a fielderected municipal waste combustion

unit that combusts municipal solid

waste in a cylindrical rotary waterwall

furnace.

Mass burn waterwall municipal waste

combustion unit means a field-erected

municipal waste combustion unit that

combusts municipal solid waste in a

waterwall furnace.

Maximum demonstrated load of a

municipal waste combustion unit means

the highest 4-hour block arithmetic

average municipal waste combustion

unit load achieved during 4 consecutive

hours in the course of the most recent

dioxins/furans stack test that

demonstrates compliance with the

applicable emission limit for dioxins/

furans specified in this subpart.

Maximum demonstrated temperature

of the particulate matter control device

means the highest 4-hour block

arithmetic average flue gas temperature

measured at the inlet of the particulate

matter control device during 4

consecutive hours in the course of the

most recent stack test for dioxins/furans

emissions that demonstrates compliance

with the limits specified in this subpart.

Medical/infectious waste means any

waste meeting the definition of medical/

infectious waste contained in 40 CFR

60.51c of subpart Ec.

Mixed fuel-fired (pulverized coal/

refuse-derived fuel) combustion unit

means a combustion unit that combusts

coal and refuse-derived fuel

simultaneously, in which pulverized

coal is introduced into an air stream that

carries the coal to the combustion

chamber of the unit where it is

combusted in suspension. This includes

both conventional pulverized coal and

micropulverized coal.

Modification or modified municipal

waste combustion unit means a

municipal waste combustion unit you

have changed later than June 6, 2001,

and that meets one of two criteria:

32514 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

(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 unit (not including

the cost of land) updated to current

costs.

(2) Any physical change in the

municipal waste combustion unit or

change in the method of operating it

that increases the emission level of any

air pollutant for which standards have

been established under section 129 or

section 111 of the Clean Air Act.

Increases in the emission level of any air

pollutant are determined when the

municipal waste combustion unit

operates at 100 percent of its physical

load capability and are measured

downstream of all air pollution control

devices. Load restrictions based on

permits or other nonphysical

operational restrictions cannot be

considered in this determination.

Modular excess-air municipal waste

combustion unit means a municipal

waste combustion unit that combusts

municipal solid waste, is not fielderected, and has multiple combustion

chambers, all of which are designed to

operate at conditions with combustion

air amounts in excess of theoretical air

requirements.

Modular starved-air municipal waste

combustion unit means a municipal

waste combustion unit that combusts

municipal solid waste, is not fielderected, and has multiple combustion

chambers in which the primary

combustion chamber is designed to

operate at substoichiometric conditions.

Municipal solid waste or municipaltype solid waste means household,

commercial/retail, or institutional

waste. Household waste includes

material discarded by residential

dwellings, hotels, motels, and other

similar permanent or temporary

housing. Commercial/retail waste

includes material discarded by stores,

offices, restaurants, warehouses,

nonmanufacturing activities at

industrial facilities, and other similar

establishments or facilities. Institutional

waste includes materials discarded by

schools, by hospitals (nonmedical), by

nonmanufacturing activities at prisons

and government facilities, and other

similar establishments or facilities.

Household, commercial/retail, and

institutional waste does include yard

waste and refuse-derived fuel.

Household, commercial/retail, and

institutional waste does not include

used oil; sewage sludge; wood pallets;

construction, renovation, and

demolition wastes (which include

railroad ties and telephone poles); clean

wood; industrial process or

manufacturing wastes; medical waste; or

motor vehicles (including motor vehicle

parts or vehicle fluff).

Municipal waste combustion plant

means one or more municipal waste

combustion units at the same location as

specified under ‘‘Applicability of State

Plans’’ (§ 62.15010(a)).

Municipal waste combustion plant

capacity means the aggregate municipal

waste combustion capacity of all

municipal waste combustion units at

the plant that are not subject to subparts

Ea, Eb, or AAAA of 40 CFR part 60.

Municipal waste combustion unit

means any setting or equipment that

combusts solid, liquid, or gasified

municipal solid waste including, but

not limited to, field-erected combustion

units (with or without heat recovery),

modular combustion units (starved-air

or excess-air), boilers (for example,

steam generating units), furnaces

(whether suspension-fired, grate-fired,

mass-fired, air curtain incinerators, or

fluidized bed-fired), and pyrolysis/

combustion units. Two criteria further

define these municipal waste

combustion units:

(1) Municipal waste combustion units

do not include pyrolysis or combustion

units located at a plastics or rubber

recycling unit as specified under

§ 62.15020(h) and (i). Municipal waste

combustion units do not include cement

kilns that combust municipal solid

waste as specified under § 62.15020(j).

Municipal waste combustion units also

do not include internal combustion

engines, gas turbines, or other

combustion devices that combust

landfill gases collected by landfill gas

collection systems.

(2) The boundaries of a municipal

waste combustion unit are defined as

follows. The municipal waste

combustion unit includes, but is not

limited to, the municipal solid waste

fuel feed system, grate system, flue gas

system, bottom ash system, and the

combustion unit water system. The

municipal waste combustion unit does

not include air pollution control

equipment, the stack, water treatment

equipment, or the turbine-generator set.

The municipal waste combustion unit

boundary starts at the municipal solid

waste pit or hopper and extends through

three areas:

(i) The combustion unit flue gas

system, which ends immediately after

the heat recovery equipment or, if there

is no heat recovery equipment,

immediately after the combustion

chamber.

(ii) The combustion unit bottom ash

system, which ends at the truck loading

station or similar equipment that

transfers the ash to final disposal. It

includes all ash handling systems

connected to the bottom ash handling

system.

(iii) The combustion unit water

system, which starts at the feed water

pump and ends at the piping that exits

the steam drum or superheater.

Particulate matter means total

particulate matter emitted from

municipal waste combustion units as

measured by EPA Reference Method 5

in Appendix A of 40 CFR part 60 and

the procedures specified in § 62.15245.

Plastics or rubber recycling unit

means an integrated processing unit for

which plastics, rubber, or rubber tires

are the only feed materials (incidental

contaminants may be in the feed

materials). These materials are

processed and marketed to become

input feed stock for chemical plants or

petroleum refineries. The following

three criteria further define a plastics or

rubber recycling unit:

(1) Each calendar quarter, the

combined weight of the feed stock that

a plastics or rubber recycling unit

produces must be more than 70 percent

of the combined weight of the plastics,

rubber, and rubber tires that recycling

unit processes.

(2) The plastics, rubber, or rubber tires

fed to the recycling unit may originate

from separating or diverting plastics,

rubber, or rubber tires from municipal

or industrial solid waste. These feed

materials may include manufacturing

scraps, trimmings, and off-specification

plastics, rubber, and rubber tire

discards.

(3) The plastics, rubber, and rubber

tires fed to the recycling unit may

contain incidental contaminants (for

example, paper labels on plastic bottles

or metal rings on plastic bottle caps).

Potential hydrogen chloride emissions

means the level of emissions from a

municipal waste combustion unit that

would occur from combusting

municipal solid waste without emission

controls for acid gases.

Potential mercury emissions means

the level of emissions from a municipal

waste combustion unit that would occur

from combusting municipal solid waste

without controls for mercury emissions.

Potential sulfur dioxide emissions

means the level of emissions from a

municipal waste combustion unit that

would occur from combusting

municipal solid waste without emission

controls for acid gases.

Protectorate means American Samoa,

the Commonwealth of Puerto Rico, the

District of Columbia, Guam, the

Northern Mariana Islands, and the

Virgin Islands.

Pyrolysis/combustion unit means a

unit that produces gases, liquids, or

solids by heating municipal solid waste.

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The gases, liquids, or solids produced

are combusted and the emissions vented

to the atmosphere.

Reconstruction means rebuilding a

municipal waste combustion unit and

meeting two criteria:

(1) The reconstruction begins on or

after June 6, 2001.

(2) The cumulative cost of the

construction over the life of the unit

exceeds 50 percent of the original cost

of building and installing the municipal

waste combustion unit (not including

land) updated to current costs (current

dollars). To determine what systems are

within the boundary of the municipal

waste combustion unit used to calculate

these costs, see the definition of

‘‘municipal waste combustion unit’’ in

this section.

Refractory unit or refractory wall

furnace means a municipal waste

combustion unit that has no energy

recovery (such as through a waterwall)

in the furnace of the municipal waste

combustion unit.

Refuse-derived fuel means a type of

municipal solid waste produced by

processing municipal solid waste

through shredding and size

classification. This includes all classes

of refuse-derived fuel including two

fuels:

(1) Low-density fluff refuse-derived

fuel through densified refuse-derived

fuel.

(2) Pelletized refuse-derived fuel.

Same location means the same or

contiguous properties under common

ownership or control, including those

separated only by a street, road,

highway, or other public right-of-way.

Common ownership or control includes

properties that are owned, leased, or

operated by the same entity, parent

entity, subsidiary, subdivision, or any

combination thereof. Entities may

include a municipality, other

governmental unit, or any quasigovernmental authority (for example, a

public utility district or regional

authority for waste disposal).

Second calendar half means the

period that starts on July 1 and ends on

December 31 in any year.

Shift supervisor means the person

who is in direct charge and control of

operating a municipal waste combustion

unit and who is responsible for onsite

supervision, technical direction,

management, and overall performance

of the municipal waste combustion unit

during an assigned shift.

Spreader stoker, mixed fuel-fired

(coal/refuse-derived fuel) combustion

unit means a municipal waste

combustion unit that combusts coal and

refuse-derived fuel simultaneously, in

which coal is introduced to the

combustion zone by a mechanism that

throws the fuel onto a grate from above.

Combustion takes place both in

suspension and on the grate.

Standard conditions when referring to

units of measure mean a temperature of

20 °C and a pressure of 101.3

kilopascals.

Startup period means the period

when a municipal waste combustion

unit begins the continuous combustion

of municipal solid waste. It does not

include any warmup period during

which the municipal waste combustion

unit combusts fossil fuel or other solid

waste fuel but receives no municipal

solid waste.

State means any of the 50 United

States and the protectorates of the

United States.

State plan means a plan submitted

pursuant to section 111(d) and section

129(b)(2) of the Clean Air Act and 40

CFR part 60, subpart B, that implements

and enforces 40 CFR part 60, subpart

BBBB.

Stoker (refuse-derived fuel)

combustion unit means a steam

generating unit that combusts refusederived fuel in a semisuspension

combusting mode, using air-fed

distributors.

Total mass dioxins/furans or total

mass means the total mass of tetrathrough octachlorinated dibenzo-pdioxins and dibenzofurans as

determined using EPA Reference

Method 23 in Appendix A of 40 CFR

part 60 and the procedures specified in

§ 62.15245.

Tribal plan means a plan submitted

by a Tribal Authority pursuant to 40

CFR parts 9, 35, 49, 50, and 81 that

implements and enforces 40 CFR part 60

subpart BBBB.

Twenty-four hour daily average or 24-

hour daily average means either the

arithmetic mean or geometric mean (as

specified) of all hourly emission

concentrations when the municipal

waste combustion unit operates and

combusts municipal solid waste

measured during the 24 hours between

12:00 midnight and the following

midnight.

Untreated lumber means wood or

wood products that have been cut or

shaped and include wet, air-dried, and

kiln-dried wood products. Untreated

lumber does not include wood products

that have been painted, pigmentstained, or pressure-treated by

compounds such as chromate copper

arsenate, pentachlorophenol, and

creosote.

Waterwall furnace means a municipal

waste combustion unit that has energy

(heat) recovery in the furnace (for

example, radiant heat transfer section)

of the combustion unit.

Yard waste means grass, grass

clippings, bushes, shrubs, and clippings

from bushes and shrubs. They come

from residential, commercial/retail,

institutional, or industrial sources as

part of maintaining yards or other

private or public lands. Yard waste does

not include two items:

(1) Construction, renovation, and

demolition wastes that are exempt from

the definition of ‘‘municipal solid

waste’’ in this section.

(2) Clean wood that is exempt from

the definition of ‘‘municipal solid

waste’’ in this section.

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[FR Doc. 01–14619 Filed 6–13–01; 8:45 am]

BILLING CODE 6560–50–C