74870 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2003–0156; FRL–8005–5] 

RIN 2060–AG31 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Other 

Solid Waste Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating new 

source performance standards (NSPS) 

and emission guidelines for new and 

existing ‘‘other’’ solid waste 

incineration units (OSWI). The final 

rules for OSWI units fulfill the 

requirements of sections 111 and 129 of 

the Clean Air Act (CAA), which require 

EPA to promulgate NSPS and emission 

guidelines for solid waste incineration 

units. The final rules, which address 

only the incineration of nonhazardous 

solid wastes, will protect public health 

by reducing exposure to air pollution. 

DATES: Amendments to § 60.17 are 

effective February 14, 2006. The 

standards for new sources in subpart 

EEEE of 40 CFR part 60 (sections 

60.2880 through 60.2977) are effective 

June 16, 2006. The incorporation by 

reference of certain publications listed 

in the NSPS is approved by the Director 

of the Federal Register as of June 16, 

2006. The emission guidelines for 

existing sources in subpart FFFF of 40 

CFR part 60 (sections 60.2980 through 

60.3078) are effective February 14, 2006. 

The incorporation by reference of 

certain publications listed in the 

emission guidelines is approved by the 

Director of the Federal Register as of 

February 14, 2006. 

ADDRESSES: Docket. EPA has established 

a docket for this action under Docket ID 

No. EPA–HQ–OAR–2003–0156. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., confidential business information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

EPA Docket Center (EPA/DC), EPA West 

Building, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Johnson, Combustion Group, 

Emission Standards Division (C439–01), 

U.S. EPA, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–5025; e-mail address: 

johnson.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Categories and 

entities potentially regulated by the 

final rules are very small municipal 

waste combustion (VSMWC) units and 

institutional waste incineration (IWI) 

units. The final OSWI emission 

guidelines and NSPS potentially affect 

the following categories of sources: 

Category NAICS code SIC code Examples of potentially regulated entities 

Any State, local, or Tribal government using a 

VSMWC unit as defined in the regulations.

562213, 92411 4953, 9511 Solid waste combustion units burning municipal waste 

collected from the general public and from residential, commercial, institutional, and industrial 

sources. 

Institutions using an IWI unit as defined in the regulations.922, 6111, 

623, 7121 

9223, 8211, 

7999 

Correctional institutions, primary and secondary 

schools, camps and national parks. 

Any Federal government agency using an OSWI unit 

as defined in the regulations.

928 9711 Department of Defense (labs, military bases, munitions facilities). 

Any college or university using an OSWI unit as defined in the regulations.6113, 6112 8221, 8222 Universities, colleges and community colleges. 

Any church or convent using an OSWI unit as defined 

in the regulations.

8131 8661 Churches and convents. 

Any civic or religious organization using an OSWI unit 

as defined in the regulations.

8134 8641 Civic association and fraternal associations. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by the final rules. To 

determine whether your facility is 

regulated by the final rules, you should 

examine the applicability criteria in the 

NSPS for new sources located at 40 CFR 

60.2885 through 60.2888 of subpart 

EEEE, and in the emission guidelines for 

existing sources located at 40 CFR 

60.2991 through 60.2994 of subpart 

FFFF. If you have any questions 

regarding the applicability of the final 

rules to a particular entity, contact the 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

Docket. The docket number for the 

final NSPS (40 CFR part 60, subpart 

EEEE) and emission guidelines (40 CFR 

part 60, subpart FFFF) is Docket ID No. 

EPA–HQ–OAR–2003–0156. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of the final rules is 

available on the WWW through the 

Technology Transfer Network Website 

(TTN Web). Following signature, EPA 

will post a copy of the final rules on the 

TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

Judicial Review. Under CAA section 

307(b)(1), judicial review of the final 

rules is available only by filing a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia by 

February 14, 2006. Under CAA section 

307(d)(7)(B), only an objection to the 

final rules that was raised with 

reasonable specificity during the period 

for public comment can be raised during 

judicial review. Moreover, under CAA 

section 307(b)(2), the requirements 

established by today’s final action may 

not be challenged separately in any civil 

or criminal proceedings brought by EPA 

to enforce these requirements. 

Section 307(d)(7)(B) of the CAA 

further provides that ‘‘[o]nly an 

objection to a rule or procedure which 

was raised with reasonable specificity 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review.’’ This 

section also provides a mechanism for 

the EPA to convene a proceeding for 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74871 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

the EPA should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. EPA, Room 3000, 

Ariel Rios Building, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, with 

a copy to both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Director of the 

Air and Radiation Law Office, Office of 

General Counsel (Mail Code 2344A), 

U.S. EPA, 1200 Pennsylvania Ave., 

NW., Washington, DC 20004. 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Summary of the Final Rules 

A. Do the final rules apply to me? 

B. What emission limits must I meet? 

C. What operating limits must I meet? 

D. What are the other requirements? 

E. What are the requirements for air curtain 

incinerators? 

F. What title V permit requirements must 

I meet? 

III. What are the changes to the rules since 

proposal? 

IV. Significant Issues and Changes-Public 

Comments 

A. Applicability 

B. Definitions 

C. MACT Floors and Emission Limits 

D. Title V Operating Permits 

E. Testing 

F. Impacts 

V. Impacts of the Final Rules 

A. What are the impacts for new units? 

B. What are the impacts for existing units? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer 

Advancement Act 

J. Congressional Review Act 

I. Background 

Section 129 of the CAA, entitled 

‘‘Solid Waste Combustion,’’ requires 

EPA to develop and adopt NSPS and 

emission guidelines for solid waste 

incineration units pursuant to CAA 

section 111. Section 111(b) of the CAA 

requires EPA to establish NSPS for new 

sources, and CAA section 111(d) 

requires EPA to establish procedures for 

States to submit plans for implementing 

emission guidelines for existing sources. 

Under CAA section 111, NSPS and 

emission guidelines must be developed 

for new and existing stationary sources 

that cause or contribute significantly to 

air pollution that may reasonably be 

anticipated to endanger public health or 

welfare. 

Congress specifically added section 

129 to the CAA to address concerns 

about emissions from solid waste 

combustion units. Section 129(a)(1) of 

the CAA identifies five categories of 

solid waste incineration units: 

(1) Units with a capacity of greater 

than 250 tons per day (tpd) combusting 

municipal waste; 

(2) Units with a capacity equal to or 

less than 250 tpd combusting municipal 

waste; 

(3) Units combusting hospital, 

medical and infectious waste; 

(4) Units combusting commercial or 

industrial waste; and 

(5) Unspecified ‘‘other categories of 

solid waste incineration units.’’

Section 129(g)(1) of the CAA 

identifies several types of units that are 

not solid waste incineration units, 

including units required to have a 

permit under section 3005 of the Solid 

Waste Disposal Act (SWDA); materials 

recovery facilities; certain qualifying 

small power production facilities or 

qualifying cogeneration facilities which 

burn homogeneous waste; and certain 

air curtain incinerators that meet 

opacity limitations established by EPA. 

For each category of incineration unit 

identified under CAA section 129, EPA 

must establish numerical emission 

limits for at least nine specified 

pollutants (particulate matter (PM), 

sulfur dioxide (SO2), hydrogen chloride 

(HC1), nitrogen oxides (NOX), carbon 

monoxide (CO), lead (Pb), cadmium 

(Cd), mercury (Hg), and dioxins and 

dibenzofurans), and for opacity as 

appropriate. Section 129 of the CAA 

provides EPA with the discretion to 

establish emission limitations for other 

pollutants as well. (See CAA section 

129(a)(4).) 

Under CAA section 129, the NSPS 

and emission guidelines adopted for 

solid waste combustion units must 

reflect the maximum achievable control 

technology (MACT). Accordingly, 

EPA=s standards under CAA section 

129 must ‘‘reflect the maximum degree 

of reduction in emissions of [the listed] 

air pollutants * * * that the 

Administrator, taking into consideration 

the cost of achieving such emissions 

reductions, and any non-air quality 

health and environmental impacts and 

energy requirements, determines is 

achievable for new or existing units in 

each category * * *.’’ (See CAA section 

129(a)(2).) However, the standards for 

new units must not be less stringent 

than the emissions control that is 

achieved in practice by the best 

controlled similar unit, and the 

standards for existing sources must not 

be less stringent than the average 

emissions limitations achieved by the 

best performing 12 percent of units in 

the category. 

EPA previously developed regulations 

for each of the listed categories of solid 

waste incineration unit except for the 

undefined ‘‘other categories of solid 

waste incineration units.’’ Four notices 

have been published regarding OSWI 

regulatory development (58 FR 31358, 

June 2, 1993; 58 FR 58498, November 2, 

1993; 65 FR 67367, November 9, 2000; 

69 FR 71472, December 9, 2004). In the 

November 9, 2000 notice, EPA revised 

the OSWI regulatory schedule to 

include a November 2005 date for 

promulgation of final regulations. This 

deadline was subsequently incorporated 

into a consent decree, requiring that 

EPA propose regulations for the OSWI 

source category by November 30, 2004, 

and promulgate final rules by November 

30, 2005. On December 9, 2004, EPA 

proposed NSPS and emission guidelines 

for OSWI units (69 FR 71472). EPA 

received 26 public comment letters from 

a variety of sources, consisting mainly 

of government agencies, environmental 

organizations, incinerator 

manufacturers, and various incinerator 

owners/operators. By today’s notice 

EPA promulgates final regulations for 

‘‘other’’ (or OSWI) units. 

II. Summary of the Final Rules 

A. Do the final rules apply to me? 

The final OSWI rules apply to you if 

you own or operate either of the 

following: 

(1) An incineration unit with a 

capacity less than 35 tpd burning 

municipal solid waste (MSW) (as 

defined in CAA section 129, 40 CFR 

60.2977 of subpart EEEE, and 40 CFR 

60.3078 of subpart FFFF); or 

(2) An incineration unit located at an 

institutional facility burning 

institutional waste (as defined in 40 

CFR 60.2977 of subpart EEEE and 40 

CFR 60.3078 of subpart FFFF) generated 

at that facility. 

Requirements for air curtain 

incineration units that would otherwise 

be VSMWC or IWI units, but for the fact 

74872 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

that they burn certain materials, are 

discussed later in this preamble. If your 

incineration unit is currently meeting 

emission limitations and other 

requirements of another CAA section 

129 regulation (i.e., small or large 

municipal waste combustion (MWC) 

units; hospital, medical, infectious 

waste incineration (HMIWI) units; or 

commercial and industrial solid waste 

incineration (CISWI) units), the final 

OSWI rules do not apply to you. 

Likewise, if an institutional combustion 

unit is covered under the CAA section 

112 national emission standards for 

hazardous air pollutants (NESHAP) for 

industrial, commercial, and institutional 

boilers and process heaters (boilers 

NESHAP), it is not subject to the final 

OSWI rules. Certain types of 

combustion units listed in 40 CFR 

60.2887 of subpart EEEE and 40 CFR 

60.2993 of subpart FFFF are also 

excluded from the final OSWI rules. 

If you began construction of your 

incineration unit on or before December 

9, 2004, it is considered an existing unit 

and is subject to the emission guidelines 

(40 CFR part 60, subpart FFFF). If you 

began construction of your incineration 

unit after December 9, 2004, it is 

considered a new unit and is subject to 

the NSPS (40 CFR part 60, subpart 

EEEE). 

If you began reconstruction or 

modification of your incineration unit 

prior to June 16, 2006, it is considered 

an existing unit and is subject to the 

emission guidelines. Likewise, if you 

begin reconstruction or modification of 

your incineration unit on or after June 

16, 2006, it is considered a new unit and 

is subject to the NSPS. 

B. What emission limits must I meet? 

As the owner or operator of a new 

OSWI unit, you must meet the emission 

limits specified in table 1 of this 

preamble. You must conduct an initial 

performance test to show compliance 

within 60 days after a new OSWI unit 

reaches the charge rate at which it will 

operate, but no later than 180 days after 

the unit’s initial startup. 

As the owner or operator of an 

existing OSWI unit, you must meet the 

emission limits specified in table 1 of 

this preamble within 3 years after the 

effective date of State plan approval or 

by a compliance date to be established 

when EPA promulgates a Federal plan, 

but no later than December 16, 2010. 

The December 16, 2010 deadline is set 

by the statute. (See CAA section 129(f)). 

Thus, if EPA approves a State plan in 

2009, December 16, 2010 will still be 

the deadline for complying. EPA plans 

to promulgate a Federal plan that will 

require compliance by December 16, 

2010 in those areas that fail to submit 

an approvable State plan. 

TABLE 1.—EMISSION LIMITS FOR NEW AND EXISTING OSWI UNITS

For these pollutants You must meet these emission limits a And determine compliance using these 

methods b c

Cd ....................................................................... 18 micrograms per dry standard cubic meter 

(μg/dscm).

EPA Method 29. 

CO ...................................................................... 40 parts per million dry volume (ppmdv) ......... EPA Methods 10, 10A or 10B. 

Dioxins/Furans (total mass basis) ...................... 33 nanograms per dry standard cubic meter 

(ng/dscm).

EPA Method 23. 

HCl ...................................................................... 15 ppmdv ......................................................... EPA Method 26A. 

Pb ....................................................................... 226 μg/dscm .................................................... EPA Method 29. 

Hg ....................................................................... 74 μg/dscm ...................................................... EPA Method 29. 

Opacity ............................................................... 10% .................................................................. EPA Method 9. 

NOX .................................................................... 103 ppmdv ....................................................... EPA Methods 7, 7A, 7C, 7D, or 7E. d

PM ...................................................................... 0.013 grains per dry standard cubic foot (gr/ 

dscf).

EPA Method 5 or 29. 

SO2 ..................................................................... 3.1 ppmdv ........................................................ EPA Method 6 or 6C. e

aAll emission limits (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

bThese methods are in 40 CFR part 60, appendix A. 

c Compliance with the CO emission limit is determined on a 12-hour rolling average basis using continuous emission monitoring system data. 

Compliance for the other emission limits is determined by stack testing. dASME PTC 19–10–1981–Part 10 is an acceptable alternative to only Methods 7 and 7C. 

eASME PTC 19–10–1981–Part 10 is an acceptable alternative to only Method 6. 

C. What operating limits must I meet? 

If you use a wet scrubber to comply 

with the emission limits, you must 

establish the maximum and minimum 

site-specific operating limits indicated 

in table 2 of this preamble. You must 

then operate the OSWI unit so that the 

charge rate does not exceed the 

established maximum charge rate. You 

must operate the wet scrubber so that 

the pressure drop or amperage, scrubber 

liquor flow rate, and scrubber liquor pH 

do not fall below the minimum 

established operating limits. 

TABLE 2.—OPERATING LIMITS FOR NEW AND EXISTING OSWI UNITS USING WET SCRUBBERS

For these operating parameters You must establish these operating limits And monitor continuously using these 

recording times 

Charge rate ........................................................ Maximum charge rate ...................................... Every hour. 

Pressure drop across the wet scrubber, or amperage to the wet scrubber.Minimum pressure drop or amperage .............. Every 15 minutes. 

Scrubber liquor flow rate ................................... Minimum flow rate ............................................ Every 15 minutes. 

Scrubber liquor pH ............................................ Minimum pH ..................................................... Every 15 minutes. 

Note: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators, which is determined on a 24-hour 

basis. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74873 

If you use an air pollution control 

device other than a wet scrubber to 

comply with the emission limits, you 

must petition the EPA for approval of 

other site-specific operating limits to be 

established during the initial 

performance test and continuously 

monitored thereafter. The information 

you must include in your petition is 

described in 40 CFR 60.2917 of subpart 

EEEE and 40 CFR 60.3024 of subpart 

FFFF. 

D. What are the other requirements? 

As the owner or operator of a new or 

existing OSWI unit, you must meet the 

following additional requirements. 

Siting Analysis (new units only): 

• Submit a report that evaluates sitespecific air pollution control 

alternatives that minimize potential 

risks to public health or the 

environment, considering costs, energy 

impacts, non-air environmental impacts, 

or any other factors related to the 

practicability of the alternatives. 

Waste Management Plan: 

• Submit a written plan that 

identifies both the feasibility and the 

methods used to reduce or separate 

certain components of solid waste from 

the waste stream to reduce or eliminate 

toxic emissions from incinerated waste. 

Operator Training and Qualification 

Requirements: 

• Qualify operators or their 

supervisors (at least one per facility) by 

ensuring that they complete an operator 

training course and annual review or 

refresher course. 

Testing Requirements: 

• Conduct initial performance tests 

for Cd, CO, dioxins/furans, HCl, Pb, Hg, 

NOX, opacity, PM, and SO2 and 

establish operating limits (i.e., 

maximum or minimum values for 

operating parameters). 

• Conduct annual performance tests 

for all nine pollutants and opacity. (An 

owner or operator may conduct less 

frequent testing if the facility 

demonstrates that it is in compliance 

with the emission limits for three 

consecutive performance tests.) 

Monitoring Requirements: 

• Continuously monitor CO 

emissions. 

• If using a wet scrubber to comply 

with the emission limits, continuously 

monitor the following operating 

parameters: charge rate, pressure drop 

across the wet scrubber (or amperage), 

and scrubber liquid flow rate and pH. 

• If using something other than a wet 

scrubber to comply with the emission 

limits, monitor other operating 

parameters, as approved by the EPA. 

Recordkeeping and Reporting 

Requirements: 

• Maintain for 5 years records of the 

initial performance tests and all 

subsequent performance tests, operating 

parameters, any maintenance, the siting 

analysis (for new units only), and 

operator training and qualification. Each 

record must be kept on site for at least 

2 years. The records may be kept off site 

for the remaining 3 years. 

• Submit the results of the initial 

performance tests and all subsequent 

performance tests and values for the 

operating parameters. 

• Submit annual compliance reports 

and semiannual reports of any 

deviations from the emission limits, 

operating limits, or other requirements. 

• Apply for and obtain a title V 

operating permit. 

E. What are the requirements for air 

curtain incinerators? 

The final OSWI rules establish 

opacity limitations for air curtain 

incineration units that would otherwise 

meet the definitions of IWI or VSMWC 

units, but burn only: 

• 100 percent wood wastes; 

• 100 percent clean lumber; 

• 100 percent yard waste; or 

• 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

The opacity limit is 10 percent. 

However, 35 percent opacity is allowed 

during startup periods that are within 

the first 30 minutes of operation. Air 

curtain incinerators burning only these 

materials must meet the opacity limits 

and certain monitoring, recordkeeping, 

and reporting requirements, and must 

apply for and obtain a title V operating 

permit. 

Air curtain incinerators burning other 

institutional waste or municipal waste 

must meet the requirements of the final 

OSWI rules including all emission 

limits in table 1 of this preamble and the 

associated testing, permitting, 

monitoring, recordkeeping, and 

reporting requirements. 

F. What title V permit requirements 

must I meet? 

All new and existing OSWI units and 

air curtain incinerators regulated by the 

final OSWI rules must apply for and 

obtain a title V operating permit. These 

title V operating permits assure 

compliance with all applicable Federal 

requirements for regulated incineration 

units, including all applicable CAA 

section 129 requirements. (See 40 CFR 

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

The permit application deadline for a 

CAA section 129 source applying for a 

title V operating permit depends on 

when the source first becomes subject to 

the relevant title V permits program. If 

a regulated incineration unit is a new 

unit and is not subject to an earlier 

permit application deadline, a complete 

title V permit application must be 

submitted on or before the relevant date 

below: 

(1) For a unit that commenced 

operation as a new source on or before 

December 16, 2005, a complete title V 

permit application must be submitted 

not later than December 18, 2006; or 

(2) For a unit that does not commence 

operation as a new source until after 

December 16, 2005, a complete title V 

permit application must be submitted 

not later than 12 months after the date 

the unit commences operation as a new 

source. (See CAA section 503(c) and 40 

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

If your incineration unit is an existing 

unit and is not subject to an earlier 

permit application deadline, a complete 

title V permit application must be 

submitted by the earlier of the following 

dates: 

(1) Twelve months after the effective 

date of any applicable EPA-approved 

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

approved State or Tribal plan that 

implements the OSWI emission 

guidelines); 

(2) Twelve months after the effective 

date of any applicable Federal plan; or 

(3) December 16, 2008. 

For any existing incineration unit not 

subject to an earlier permit application 

deadline, the application deadline of 36 

months after the promulgation of 40 

CFR part 60, subpart FFFF, applies 

regardless of whether or when any 

applicable Federal plan is effective, or 

whether or when any applicable CAA 

section 111(d)/129 plan is approved by 

EPA and becomes effective. (See CAA 

sections 129(e), 503(c), 503(d), and 

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

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

If your incineration unit is subject to 

title V as a result of some triggering 

requirement(s) other than those 

mentioned above (for example, a unit 

may be a major source or part of a major 

source), then you may be required to 

apply for a title V operating permit for 

that unit prior to the deadlines specified 

above. If more than one requirement 

triggers a source’s obligation to apply for 

a title V operating permit, the 12-month 

timeframe for filing a title V permit 

application is triggered by the 

requirement which first causes the 

source to be subject to title V. (See CAA 

section 503(c) and 40 CFR 70.3(a) and 

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

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

For additional background 

information on the interface between 

CAA section 129 and title V, including 

EPA’s interpretation of CAA section 

129(e), information on updating existing 

74874 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

title V operating permit applications 

and reopening existing title V permits, 

see the final Federal Plan for 

Commercial and Industrial Solid Waste 

Incinerators, October 3, 2003 (68 FR 

57518, 57532), as well as the ‘‘Summary 

of Public Comments and Responses’’

document in the OSWI docket (EPA–

HQ–OAR–2003–0156). 

III. What are the changes to the rules 

since proposal? 

We made several revisions to the 

OSWI rules since proposal. As 

previously stated, a summary of public 

comments and EPA’s responses to those 

comments is located in the docket. The 

following is a summary of the most 

significant changes. 

Definitions 

• Institutional facility. Replaced the 

term ‘‘institution,’’ as defined at 

proposal, with the term ‘‘institutional 

facility’’, which was the term we 

intended to define. Clarified that the 

term ‘‘institutional facility’’ means landbased facility. 

• Institutional waste. Revised the 

definition of ‘‘institutional waste’’ to be 

clearer and to eliminate redundancy 

while maintaining the same meaning as 

the proposed definition. 

• IWI unit and MWC unit. Revised the 

definitions of ‘‘institutional waste 

incineration unit’’ and ‘‘municipal 

waste combustion unit’’ by adding 

‘‘cyclonic burn barrel’’ as another 

example of an incinerator design. 

• Clean lumber and wood waste. 

Clarified that the definitions of ‘‘clean 

lumber’’ and ‘‘wood waste’’ exclude 

wood products that contain adhesives. 

• Administrator and EPA. Revised 

the definition of ‘‘Administrator’’ and 

added a definition for the term ‘‘EPA’’

to clarify our intent with respect to 

implementation of the final OSWI rules. 

‘‘Administrator’’ now means (1) For 

approved and effective State section 

111(d)/129 plans, the Director of the 

State air pollution control agency, or his 

or her delegatee; (2) For Federal section 

111(d)/129 plans, the Administrator of 

the EPA, an employee of the EPA, the 

Director of the State air pollution 

control agency, or employee of the State 

air pollution control agency to whom 

the authority has been delegated by the 

Administrator of the EPA to perform the 

specified task; and (3) For NSPS, the 

Administrator of the EPA, an employee 

of the EPA, the Director of the State air 

pollution control agency, or employee of 

the State air pollution control agency to 

whom the authority has been delegated 

by the Administrator of the EPA to 

perform the specified task. ‘‘EPA’’

means the Administrator of the EPA or 

employee of the EPA that is delegated 

the authority to perform the specified 

task. 

• Waste heat recovery. Clarified that 

‘‘waste heat recovery’’ occurs outside of 

the combustion firebox. 

Exclusions 

• Rural IWI exclusion. Revised the 

rural IWI exclusion such that in 

addition to the proposed requirement 

that the unit must be more than 50 miles 

from the boundary of the nearest 

Metropolitan Statistical Area (MSA), the 

unit must also be in an area ‘‘where 

alternative disposal options are not 

available or are economically 

infeasible.’’ Also added provisions to 

require a facility to apply for the rural 

IWI exclusion and reapply for this 

exclusion every 5 years. 

• Temporary-use exclusion. Added 

ice storms and high winds to the list of 

example disasters. Clarified that this 

exclusion includes air curtain 

incinerators. Restricted the exclusion to 

areas where a local, State, or Federal 

declaration of emergency or disaster has 

been proclaimed. Also revised the 

exclusion to require all temporary-use 

incinerators to submit notification if 

they will be used during a period that 

begins on the date the unit started 

operation and lasts more than 8 weeks 

within the boundaries of the current 

disaster area. 

• Prohibited goods exclusion. Limited 

the exclusion to incinerators ‘‘owned 

and/or operated by,’’ not merely ‘‘used 

by’’ government agencies. Clarified that 

the exclusion applies only to goods 

confiscated by a government agency. 

• National security exclusion. 

Determined that any IWI units used 

solely during military training field 

exercises to destroy national security 

materials integral to the field exercises 

are not subject to the final OSWI rules. 

Added a provision to allow other IWI 

units to apply for an exclusion if the 

units are used solely to destroy national 

security materials and a reliable 

alternative to incineration that would 

ensure acceptable destruction is not 

available. 

Emission Limits 

• Carbon monoxide (CO) limit. 

Revised the limit from 5 parts per 

million by volume (ppmv) to 40 ppmv 

on a 12-hour rolling average basis. 

• Hydrogen chloride (HCl) limit. 

Revised the limit from 3.7 ppmv to 15 

ppmv. 

Testing 

• Added procedures to follow when 

performing Method 26A tests that will 

improve accuracy for testing wet 

scrubber-equipped incinerators. 

• Clarified annual testing 

requirements for air curtain 

incinerators. If an air curtain incinerator 

has been out of operation for more than 

12 months, it must be tested upon 

startup. 

Technical Corrections and Clarifications 

• In addition to the listed revisions, 

EPA made several technical revisions to 

correct cross-referencing and 

typographical errors and to improve 

clarity of the rules. 

IV. Significant Issues and Changes— 

Public Comments 

A. Applicability 

We received several comments on the 

scope and applicability of the proposed 

OSWI rules. These comments ranged 

from very specific ones dealing with a 

certain category of units, to more 

overarching comments concerning 

applicability of the OSWI rules in 

general. The following paragraphs 

contain the major discussions regarding 

applicability; additional details may be 

found in the summary of public 

comments and responses document in 

the docket. 

1. General Applicability of OSWI Rules 

Two commenters expressed concern 

that the applicability of the proposed 

rules is not broad enough and that too 

many source categories are excluded or 

exempt from regulation. One commenter 

contended that EPA’s OSWI regulation 

must include CAA section 129 

standards for every category of solid 

waste incinerator that is not already 

regulated under CAA section 129. The 

commenter contended that the CAA 

requires EPA to set section 129 

standards for any facility that combusts 

any solid waste, with the exception of 

facilities specifically exempted under 

CAA section 129(g)(1). The commenter 

made similar comments on most of the 

excluded types of units, stating that they 

should be subject to regulation under 

OSWI if they burn any nonhazardous 

waste. On the other hand, another 

commenter expressed support for the 

rationale regarding which sources will 

be regulated as OSWI units. The 

commenter urged EPA to avoid any 

significant changes to this stated 

rationale. 

The CAA is ambiguous regarding 

what categories of solid waste 

incineration units must be regulated 

under section 129(a)(1)(E). After 

discussing timelines for very specific 

categories of solid waste incinerators 

(e.g., large and small municipal waste 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74875 

1Total emissions of the regulated air pollutants 

from all units in the two subcategories regulated by 

the final OSWI rules are estimated to total only 

2,272 tons per year. 

combustors, commercial and industrial 

waste incinerators, and hospital and 

medical waste incinerators), the CAA 

states only that EPA must publish a 

schedule for promulgating standards for 

‘‘other categories of solid waste 

incineration units.’’ The statute does not 

unambiguously require, as implied by 

commenters, that the OSWI standards 

must apply to every other possible type 

of incineration unit burning any type of 

solid waste. If Congress had intended 

such a clear directive, it could have 

instructed EPA to regulate ‘‘every’’ other 

solid waste incineration unit. Yet 

Congress did not use such unambiguous 

language, leaving it to EPA to interpret 

the CAA in a reasonable manner. 

Moreover, the position adopted by 

commenters would lead to absurd 

results. Under their interpretation, a 

homeowner burning leaves in a barrel in 

his or her backyard must be subject to 

a CAA section 129 rule because the 

barrel is a unit combusting solid waste 

material. Congress cannot have intended 

that EPA regulate such sources under 

section 129, with all the attendant 

requirements. The language of section 

129 suggests that Congress wanted to 

focus EPA’s attention to specific, larger 

incineration units (e.g., MWC units and 

CISWI units). Under this commenter’s 

interpretation of section 129, however, 

EPA would have to establish MACT 

floors and emissions standards for 

dozens of different types of small 

incineration units with potentially 

minimal emissions.1 It takes an 

enormous effort and use of resources to 

develop a MACT floor and write a 

section 129 standard, and Congress 

cannot have meant that EPA would 

undertake that substantial effort a 

multitude of times merely by instructing 

EPA to address ‘‘other’’ categories of 

solid waste incineration units (assuming 

EPA even has the resources to undertake 

such efforts). Moreover, sources subject 

to section 129 standards must obtain 

title V operating permits and undertake 

extensive testing, monitoring, and 

recordkeeping even if EPA does not 

require additional controls under the 

section 129 standard, and regardless of 

the level of emissions from the sources. 

As noted elsewhere, EPA estimates that 

the costs of these requirements alone 

can more than quadruple the costs of 

owning and operating an incinerator. 

Again, Congress cannot have intended 

that every ‘‘incineration’’ unit as 

defined by the commenter, regardless of 

its size or its impact on public health 

and the environment, would have to 

shoulder these burdens merely by 

referencing an undefined ‘‘other’’

category of incineration units at section 

129(a)(1)(E). Thus, the instructions to 

EPA to promulgate standards for ‘‘other 

categories’’ of solid waste incinerators 

inherently include the authority for EPA 

to reasonably delineate those ‘‘other’’

categories of solid waste incineration 

units. 

Thus, appropriately, the first step in 

EPA’s rulemaking process was 

determining what universe of sources 

will be subject to the regulations. The 

statutory provisions of CAA sections 

129(a), (g) and (h) make it clear that EPA 

must, as a part of the regulatory process, 

define which combustion units should 

be subject to regulation under CAA 

section 129 and hence, to which 

categories of solid waste combustion 

units the standards for ‘‘other categories 

of solid waste incineration units’’ apply. 

For example, the reference in CAA 

section 129(g)(1) to a permit issued 

under section 3005 of the SWDA, refers 

to units burning hazardous solid waste. 

This effectively limits the scope of 

EPA’s authority under CAA section 129 

to the regulation of solid waste 

incineration units that burn 

nonhazardous solid waste. In 

determining the scope of OSWI, EPA 

collected and analyzed data to identify 

potential OSWI units and determined 

that the regulations should focus on two 

categories of waste combustion units 

that are not regulated elsewhere: IWI 

units and VSMWC units. In the 

proposed rules, we also clarified that 

certain types of units are not regulated 

by the OSWI rules. Some of these units 

are specifically excluded by CAA 

section 129 (e.g. hazardous waste 

combustion, small power production 

facilities, cogeneration facilities burning 

homogeneous waste). We also clarify 

that units are not covered under OSWI 

if they are already regulated under other 

CAA section 129 or CAA section 112 

standards (e.g., small and large MWC, 

HMIWI, CISWI, boilers, cement kilns). 

The language of CAA section 129(h) 

makes clear the Congressional intent for 

CAA regulations under section 129 or 

section 112 to be mutually exclusive. 

Accordingly, sources subject to CAA 

section 112 standards are not OSWI 

units. Absence of regulation under CAA 

section 112, however, is not 

determinative of whether a unit is 

subject to the final OSWI rules. 

Moreover, we do not agree that the 

‘‘small power production facilities’’ or 

‘‘qualifying cogeneration facilities’’

described in CAA section 129(g)(1) are 

the only types of energy recovery 

facilities that are properly excluded 

from the OSWI category. We do not read 

section 129(g)(1) to establish an 

exclusive list of excluded sources. (See 

National Wildlife Federation v. Gorsuch, 

693 F.2d 156, 172 (D.C.Cir.1982) (use of 

the term ‘‘includes’’ allows for 

additional, unstated meanings); 

Chemehuevi Indian Tribe v. California 

St. Bd. of Equalization, 757 F.2d 1047, 

1054 (9th Cir.1985), rev’d on different 

grounds, 106 S.Ct. 289 (1985) 

(‘‘includes’’ is a term of enlargement, 

not of limitation); United States v. 

Huber, 603 F.2d 387, 394 (2d Cir. 1979), 

cert. denied, 100 S.Ct. 1312 (1980) (use 

of the word ‘‘includes,’’ rather than a 

more restrictive term such as ‘‘means,’’

indicates that the list is not exhaustive 

but merely illustrative).) 

As stated earlier, the final OSWI rules 

regulate IWI and VSMWC units. 

However, we determined that some 

subclasses of OSWI units should be 

handled differently due to unusual 

circumstances (e.g., unique geographic 

locations or climatic factors, temporary 

emergency use) that would prevent 

owners or operators of these units from 

having a feasible alternative waste 

disposal method. The availability of 

technically and economically feasible 

waste disposal alternatives is important 

because, as stated in the preamble to the 

proposed rules, CAA section 129 rules 

must contain testing, permitting, 

monitoring, recordkeeping, and 

reporting requirements. These 

requirements alone would easily double 

or triple the cost of operating a smaller 

incinerator like those covered by the 

final OSWI rules. Therefore, we expect 

CAA section 129 rules (even if they did 

not require air pollution controls) to 

force many incinerators to shut down 

and utilize alternative waste disposal 

options. However, for unique subclasses 

of units where such alternatives are not 

available, compliance with a rule would 

be infeasible yet shutdown of these 

units also is not an acceptable 

alternative. We excluded certain such 

subclasses from the final OSWI rules for 

the reasons described in the preamble to 

the proposed rules and in responses to 

comments. Of course, EPA and States 

may still regulate these subclasses under 

other provisions of the CAA, as 

necessary. (See CAA section 110(a)(2).) 

2. Units With Energy Recovery and 

Other Types of Combustors 

Two commenters questioned the 

rationale of excluding incinerators (one 

commenter specified IWI units) with 

energy recovery from the definition of 

solid waste incinerators, and believe 

that an incinerator burning waste 

should be regulated as a waste 

74876 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

incinerator, no matter how the produced 

heat is used. 

First, we note that the energy recovery 

comment applies to IWI units, as all 

VSMWC units, with or without energy 

recovery, are subject to the final OSWI 

regulations. Those MWC units that 

recover energy serve dual purposes: (1) 

The disposal of municipal solid waste, 

and (2) energy recovery from the 

combustion of the waste. As a result of 

these dual purposes, MWC units are 

often boilers by design. The inclusion of 

a specific definition of ‘‘municipal 

waste’’ in CAA section 129 and other 

indications of Congressional intent 

support EPA’s position that all MWC 

units should be regulated under section 

129 of the CAA regardless of whether 

the MWC unit serves another purpose. 

The regulatory boundaries established 

in the rules for the large and small MWC 

units are quite clear that MWC units, 

regardless of their configuration, are 

regulated under section 129 of the CAA. 

Our intent is to maintain this 

interpretation in our regulation of 

VSMWC units under the final OSWI 

regulations. In summary, VSMWC units 

that are incinerators without energy 

recovery, incinerators with waste heat 

recovery, and boilers are all regulated 

under the final OSWI rules. See below 

for further discussion. 

The regulatory boundaries for IWI 

units, however, are not clearly defined 

by the CAA. As we have discussed, for 

the IWI subcategory of OSWI, EPA must 

define which types of sources should be 

included in the subcategory. In the 

process of developing the OSWI rules, 

developing the boilers NESHAP 

(promulgated at 69 FR 55218, 

September 13, 2004), developing rules 

for area source boilers, promulgating 

requirements for electric utility steam 

generating units (70 FR 28606, May 18, 

2005), and establishing rules applicable 

to other combustion sources, EPA must 

map the regulatory boundaries that 

identify which units are subject to 

section 129. 

The distinction between IWI units 

and non-IWI combustion units is not 

readily apparent. For example, there is 

general agreement that coal that is 

combusted in a boiler is not waste, 

because coal is commonly thought of as 

a fuel. However, there are many other 

materials that are burned in institutional 

boilers for energy recovery. Such 

materials could include wood, paper, 

other biomass, plastics, and other items. 

Combustion of such materials, when 

burned in a boiler with energy recovery, 

is addressed under CAA section 112 

regulations for boilers. EPA has 

determined that for purposes of the IWI 

subcategory of OSWI units, the critical 

consideration in determining whether 

the unit is burning institutional waste is 

the primary function of the combustion 

unit; and the primary indicator of 

function is whether or not a unit is 

designed and operated for energy 

recovery. On one hand, boiler units are 

specifically designed to recover the 

maximum amount of heat from 

combustion of a material. The boilers 

NESHAP covers combustion units at 

institutional facilities that burn solid 

materials and recover heat in the 

combustion firebox. Incineration units, 

on the other hand, are designed to 

discard materials by burning them at 

high temperatures and leaving as little 

residue as possible. Although 

incineration units do not have energy 

recovery in the combustion firebox, they 

may be followed by waste heat recovery 

units. Combustion units at institutional 

facilities that burn solid materials and 

do not recover heat in the combustion 

firebox, but do recover waste heat from 

the hot combustion gases following the 

combustion firebox, would not be 

covered by the boilers NESHAP. Waste 

heat recovery units are designed to cool 

the exhaust gas stream from an 

incineration unit, and/or recover, 

indirectly, the useful heat remaining in 

the exhaust gas. The presence of a waste 

heat recovery unit on the exhaust gas 

does not change the fact that the unit 

combusting the material is primarily an 

incineration unit burning waste for 

disposal purposes. EPA does not 

consider it appropriate to regulate such 

units as boilers. Therefore, we have 

determined that IWI units are those 

units that combust materials with only 

waste heat recovery (i.e., heat recovery 

outside of the combustion firebox) or 

without energy recovery. 

Our focus on the primary function of 

the unit to identify institutional waste is 

consistent with the provisions in section 

129 of the CAA that apply to MWC 

units. In section 129, Congress 

specifically defined municipal waste as 

‘‘refuse (and refuse-derived fuel) 

collected from the general public and 

from residential, commercial, 

institutional, and industrial sources 

* * *.’’ (See 42 U.S.C. section 

7429(g)(5).) This definition goes on to 

list specific materials included in 

municipal waste and exclude 

incineration units combusting 30 

percent or less municipal waste from 

the MWC standards. This definition of 

municipal waste provides more specific 

meaning to the phrase ‘‘solid waste 

* * * from the general public’’ set forth 

in section 129(g)(1) of the CAA. Based 

on the definition of municipal waste in 

section 129(g)(5), EPA has interpreted 

section 129 to cover all MWC units, 

including waste-to-energy facilities that 

have energy recovery as part of their 

integral design. When CAA section 129 

was developed, EPA had already taken 

steps to promulgate new source 

performance standards and emissions 

guidelines for MWC units under section 

111 of the CAA. Thus, by defining 

‘‘municipal waste’’ in this manner in 

section 129(g)(5), Congress determined 

that MWC units should be regulated as 

under section 129 even if the MWC unit 

serves another purpose (e.g., energy 

recovery). This determination is 

consistent with our approach in the 

final OSWI rules because a primary 

function of a MWC unit is waste 

disposal. 

In contrast, Congress did not define 

‘‘other solid waste incineration unit’’ or 

other types of ‘‘waste.’’ Thus, the CAA 

is ambiguous regarding whether every 

unit that burns material for energy 

recovery should be regulated under 

section 129 of the CAA. We have 

interpreted the CAA to allow EPA to 

consider the primary function of the 

combustion units in making the 

determination of whether particular 

units should be subject to CAA section 

129. For reasons discussed earlier, this 

question is harder to answer in the 

context of institutional facilities where 

certain combustion units have been 

historically considered boilers, rather 

than incinerators, based on the 

combustion of solid materials 

commonly regarded as fuels. However, 

in the case of municipal waste 

combustors, there has been little or no 

disagreement among industry, 

government agencies, and 

environmental groups on the meaning of 

MSW and the fact that the section 129 

rules cover all MWC units. Thus, we did 

not have to address this issue at length 

in the MWC rules. (See 69 FR 7394, n.5.) 

One of the commenters also 

contended that EPA has not proposed 

standards for all solid waste combustion 

technologies. The commenter listed 

pyrolysis, thermal oxidation, catalytic 

cracking, plasma arcs, catalytic 

oxidation, flameless thermal oxidizers, 

and gasification as technologies that 

have been used to combust solid waste, 

despite not having the name 

‘‘incineration.’’

EPA notes that the commenter did not 

provide any details regarding these 

other technologies or the materials that 

are processed by these technologies. 

Some of these types of units may well 

be covered under the CAA section 129 

final OSWI rules. For example, 

pyrolysis/combustion units (two 

chamber incinerators with a starved air 

primary chamber followed by an 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74877 

afterburner to complete combustion) 

within the VSMWC and IWI 

subcategories are considered OSWI 

units. In addition, thermal oxidizers, 

catalytic oxidizers, and flameless 

thermal oxidizers, if used to combust 

solid waste, could be subject to the final 

OSWI rules or other section 129 rules if 

they meet the appropriate applicability 

requirements. It is important to note, 

however, that these types of units often 

are used to combust uncontained gases 

(generally from industrial processes) 

and are not used to dispose of solid 

waste. Such units would not be subject 

to the final OSWI rules. The other types 

of units mentioned by the commenter 

appear to be either: (1) part of industrial 

processes (e.g. catalytic cracking) and 

are regulated under CAA section 112 

and other standards for the specific 

industrial process; (2) noncombustion 

thermal technologies that operate with 

an external heat source (e.g. plasma arc); 

or (3) technologies that are specifically 

designed to prevent combustion 

reactions, and, instead are used to 

produce fuel or chemical feedstocks via 

controlled chemical reactions (e.g. 

gasification). Any of these technologies 

that are used to process hazardous waste 

are excluded from CAA section 129, and 

any of these technologies that are 

regulated as site remediation units 

under CAA section 112 are also not 

subject to section 129. 

3. Potential OSWI Subcategories Where 

No Units Could Be Identified 

One commenter contended that EPA’s 

failure to identify any units burning 

manure or livestock bedding, wood 

waste, or construction and demolition 

waste does not excuse EPA from setting 

emission standards for such units. 

EPA made significant attempts to 

identify incinerators in determining 

which types of sources to regulate under 

the final OSWI rules. As part of the 

industrial combustion coordinated 

rulemaking (ICCR), we sent a 

questionnaire to nearly 12,000 facilities 

identified as having a combustion unit 

(including boilers, heaters, and 

incinerators) burning non-fossil 

materials. This included every facility 

we could identify from Federal and 

State databases and stakeholder input. 

We received responses from the vast 

majority of these facilities, although 

many were no longer operating their 

incinerators. These responses provided 

design and operating information on 

over 1,100 combustion units burning 

wood. However, all of these sources 

were either boilers or process heaters 

with integral energy recovery that are 

being addressed under CAA section 112, 

or commercial or industrial incineration 

units that are appropriately regulated 

under CISWI. We are not aware of, nor 

has the commenter provided any 

information on, any other wood-fired 

units remaining for consideration as 

potential OSWI units. 

Similarly, a few units were identified 

that combust agricultural residues such 

as bagasse, rice hulls, etc. for the 

purpose of energy recovery, and, thus, 

are all boilers and are being addressed 

under CAA section 112. Prior to 

proposal of the OSWI rules, we updated 

the ICCR list of potential OSWI units by 

searching the latest version of the 

national emissions inventory (NEI), 

which contains the latest data from 

State databases and various Federal 

programs, for incineration units burning 

non-fossil materials. We also contacted 

State agriculture departments to request 

information on agricultural incineration; 

contacted trade associations; contacted 

incinerator vendors to determine what 

types of incinerators they have been 

selling and to what markets; and 

performed Web searches. After these 

extensive efforts, we were not able to 

locate any incineration units in several 

potential subclasses described in the 

preamble to the proposed rules. This 

result is not surprising because vendor 

contacts and feedback from facilities 

that used to operate OSWI units have 

shown us that the use of incineration for 

waste disposal is declining, especially 

where the units do not recover energy. 

Given our prior efforts to identify these 

types of units and the trends in 

incineration, we do not believe that 

these types of units currently operate. 

Furthermore, public commenters on the 

proposed rules have not provided 

specific information on any such 

sources. Because we are unable to locate 

such units and have no data on them, 

we are not, and indeed cannot regulate 

them at this time. 

Public commenters on the proposed 

rules have not provided any information 

demonstrating that there are agricultural 

waste incinerators, construction or 

demolition incinerators, or wood waste 

incinerators that are not boilers. EPA 

cannot set a standard under CAA 

section 129 without adequate operating, 

emissions, and control technology 

information for sources within the 

category. Thus, contrary to the 

commenter=s suggestion, EPA could not 

speculate or estimate and set a CAA 

section 129 standard Ajust in case.’’

Therefore, because we are unable to 

locate any such units and have no data 

on how such hypothetical units, if used 

in the future, may operate, we are not 

including agricultural waste, 

construction or demolition, or wood 

waste incinerators as subcategories of 

OSWI. 

4. Rural Institutional Waste Incinerators 

Two commenters suggested that the 

exemption for rural IWI units is too 

broad. One commenter contended that 

the locations proposed to be exempted 

include many areas where solid waste 

collection and disposal services are 

readily available at reasonable cost, and, 

therefore, the exemption is not justified. 

The commenter also contended that this 

raises questions regarding 

environmental justice, as the exemption 

implies that economically 

disadvantaged communities should 

have worse air quality standards 

because they are economically 

disadvantaged. Furthermore, the 

commenter pointed out that U.S. 

Government facilities (i.e., Department 

of Defense) do not have the limited tax 

base and, therefore, EPA’s reasons for 

the rural exemption do not apply. Both 

commenters recommended that the 

rural exemption be narrowed further to 

include only those areas where landfills 

or other nonincineration options are not 

available or feasible. 

To address commenters’ concerns, 

EPA is narrowing the rural IWI 

exclusion to apply only to those IWI 

units that are more than 50 miles from 

the boundary of the nearest MSA and 

where alternative disposal options are 

not available or are economically 

infeasible. In the final OSWI rules, there 

are provisions that specify how a facility 

may apply for this exclusion. For 

existing units, the application must be 

submitted to the Administrator at least 

1 year before the final compliance date 

to ensure that there is adequate time for 

any additional dialogue necessary to 

determine if an exclusion is warranted, 

and, if the exclusion is denied, adequate 

time for the facility to install controls or 

otherwise arrange for disposal of their 

waste. For new units, the application 

must be submitted to and approved by 

the Administrator prior to initial 

startup. 

By narrowing the exclusion to include 

only those areas Awhere alternative 

disposal options are not available or are 

economically infeasible,’’ we have 

addressed the commenter=s concern 

that we should not exempt sources 

located where waste disposal 

alternatives are available at a reasonable 

cost. Our analysis of remote 

institutional waste disposal costs 

indicates that a 50 mile distance to 

dispose of waste is approximately the 

distance where the costs of operating an 

incinerator (without control technology) 

would equal those of taking the waste to 

a landfill, transfer station, or small or 

74878 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

large MWC unit. As such, we believe 

that 50 miles from a MSA is a minimum 

point where institutional facilities 

would be able to make a legitimate case 

that they qualify for the exclusion. To 

clarify the geographical criteria, the 

MSA definitions that will be used as 

one component of the exclusion are 

based upon those found in AUpdated 

Statistical Definitions and Their Uses’

OMB Bulletin 05–02, February 22, 2005. 

We realize that, over time, population 

density changes may cause revisions to 

the definitions of MSA that would affect 

the rural status of a rural IWI unit. 

Furthermore, there may be situations 

where alternative waste disposal 

options become available such that the 

unit may not be able to demonstrate 

adverse economic impacts of using an 

alternative means of disposal or the IWI 

unit is no longer necessary to the 

institutional facility. To address these 

situations, we are adding provisions that 

require sources granted an exclusion as 

a rural IWI unit to reapply for the 

exclusion every 5 years following the 

date the exclusion is granted by the 

Administrator. If the Administrator 

finds that the IWI unit no longer 

qualifies for the exclusion, then the unit 

is given 3 years to comply with the 

requirements of the final OSWI rules. 

In response to the second issue put 

forth by the commenter, we disagree 

that we are implying that economically 

disadvantaged communities should 

have worse air quality. As we have 

discussed in the preamble to the 

proposed rules, some disposal 

alternatives to incineration, such as 

open burning, are worse for air quality 

than incineration. If the rural 

institutional facility is unable to afford 

compliance and there are no other 

disposal alternatives (e.g., landfills, 

MWC), then the facility may resort to 

open burning, littering, or dumping. 

Open burning presents not only air 

pollution problems, but can also lead to 

an increased likelihood of accidental 

fires. Littering and dumping pose 

problems such as potential 

contamination of streams or other water 

bodies, and attracting vermin and wild 

animals, which could contribute to 

disease transmission. The facility, in 

applying for the rural IWI exclusion, 

must make a case that suitable 

alternatives, such as landfilling or 

hauling waste to a MWC unit, are not 

available or are not economically 

feasible. Although we discussed 

concerns about the local tax base for 

school districts in the preamble to the 

proposed rules, it was but one reason for 

the exclusion which applies to all rural 

IWI units, not just those located at 

schools. Thus, other institutions (e.g., 

Federal facilities, churches) may apply 

for the exclusion, although we note that 

certain institutions with larger budgets 

may have a harder time showing that 

alternative waste disposal options are 

economically infeasible. 

5. Alaskan Exclusion 

Three commenters requested that the 

exclusion for incinerators in isolated 

areas of Alaska be broadened. Two 

commenters expressed concern that the 

proposed rules do not exempt VSMWC 

units used to combust municipal-type 

waste generated at oil-field base 

operations facilities and remote camps 

on Alaskan oil fields. 

EPA stresses that the final OSWI rules 

apply only to VSMWC and IWI units, 

and they provide an exclusion for units 

used at solid waste disposal sites in 

Alaska that are classified as Class II or 

Class III municipal solid waste landfills. 

If the incinerators operated by the 

commenters meet the definition of 

VSMWC units and are used at solid 

waste disposal sites in Alaska that are 

classified as Class II or Class III 

municipal solid waste landfills, then 

they would be excluded from the final 

OSWI rules. We have insufficient 

information about the units operated by 

these commenters (e.g., operating at an 

oil exploration site or oil-field base 

camp) to determine if they are VSMWC 

units, but they appear to be operated by 

industrial or commercial entities and 

would likely not meet the definitions of 

a VSMWC or IWI unit in the final OSWI 

rules. To be a VSMWC unit under the 

final OSWI rules, the incinerator must 

be burning municipal solid waste 

collected from multiple sites. To be an 

IWI unit under the final OSWI rules, the 

incinerator must be located at an 

institutional facility (i.e., land-based 

facility owned and/or operated by an 

organization having a governmental, 

educational, civic, or religious purpose) 

and be burning waste generated at that 

institutional facility. Incinerators at an 

industrial or commercial facility that 

burn only waste generated on site at that 

facility are not VSMWC or IWI units. If 

the commenter’s units are not VSMWC 

or IWI units, they would not be subject 

to the final OSWI rules. We recognize 

that the final CISWI rules do not 

currently cover commercial/industrialowned/operated incinerators that burn 

only municipal-type waste. EPA intends 

to address regulation of such 

combustion units under future revisions 

to the final CISWI rules. 

A commenter also expressed concern 

that the proposed definitions of 

institution and institutional waste are 

excessively restrictive and do not fit the 

unique situations that arise in Alaska. 

The commenter gave examples such as 

the existence of Aunorganized’’

boroughs that have no local government 

or tax base. 

EPA’s understanding of the local 

government structure in Alaska is that 

there are two types of local government 

structures: boroughs and unorganized 

areas. Boroughs, like counties, are 

collections of one or more 

municipalities joined in a regional 

government. Unorganized areas are the 

non-borough areas where there is either 

(1) no intermediate government between 

the State and the tribal, village, or city 

council, and local government is strictly 

at the municipal level or (2) no 

governing body other than the State. We 

have provided an exclusion for units 

used at solid waste disposal sites in 

Alaska that are classified as Class II or 

Class III municipal solid waste landfills. 

The State of Alaska does not consider 

the local government structure in 

determining the class of a municipal 

solid waste landfill or waste disposal 

site. The Class II and III determinations 

are based on the anticipated waste 

volume and location of the waste 

disposal site. Further, the incinerators 

that dispose of municipal solid waste 

Acollected from’’ these boroughs and 

unorganized areas would be VSMWC 

units, rather than IWI units, so the 

commenter’s concerns regarding the 

definitions of institution and 

institutional waste with respect to 

incinerators serving these local 

government structures are not relevant. 

We would also like to clarify that an 

incinerator operated by a commercial 

entity that is burning municipal solid 

waste that is Acollected from’’ multiple 

residences and any local businesses 

would be considered a VSMWC unit 

subject to OSWI regulation, provided 

that it had a capacity of less than 35 tpd 

of municipal solid waste. This situation 

is quite common among the small and 

large MWC units, as several 

municipalities have contracted or 

partnered with commercial operators in 

the construction and operation of their 

local MWC facility. 

In summary, the final OSWI rules 

apply only to VSMWC and IWI units. As 

previously described, we have provided 

an exclusion for units used at solid 

waste disposal sites in Alaska that are 

classified as Class II or Class III 

municipal solid waste landfills, as well 

as an exclusion for rural IWI units (for 

IWI located more than 50 miles from the 

boundary of the nearest MSA and where 

alternative disposal options are not 

available or are economically 

infeasible). These exclusions fully 

address small OSWI units in remote 

areas of Alaska that do not have 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74879 

technically or economically feasible 

disposal alternatives, so the concerns 

raised by the commenters are addressed 

in the final OSWI rules. 

6. Temporary-Use Incinerators 

Exclusion Requirements. Commenters 

contended that the proposed 

requirements for temporary-use 

incinerators used in disaster recovery 

are too lax and invite abuse. The 

commenters pointed out that the 

Stafford Act, which provides for a State 

of Emergency or a major disaster to be 

declared by a State government or the 

President of the U.S., does not contain 

any provisions for declaring that the 

State of Emergency or disaster has 

ended. As such, under the proposed 

rules, these incinerators arguably would 

be allowed to operate indefinitely 

without any restrictions. One of these 

commenters contended that, under the 

proposed rules, operators of portable 

incinerators could declare 

Aemergencies’ or Adisasters’ at their 

discretion, and travel from place to 

place burning any sort of debris without 

any pollution controls, restrictions of 

location, or public and agency 

notification requirements. Another 

commenter stated that the exemption 

would allow an uncontrolled unit to 

operate for up to 8 weeks without 

adequate cause or approval from the 

proper authority and suggested earlier 

notification. 

EPA agrees that incinerator owner/ 

operators should not be allowed to 

declare their own Aemergencies’ and 

that was not our intent. We have 

adjusted the rules as proposed to 

exclude temporary-use incinerators 

used to combust debris for a limited 

period of time from most requirements 

of these subparts only if they are used 

in areas that have been declared a State 

of Emergency by a State or local 

government, or if the President, under 

the authority of the Stafford Act, has 

declared that an emergency or major 

disaster exists in the area. The inclusion 

of local disaster area declarations in this 

exclusion encompasses those disasters 

that severely affect a municipality or 

county and require the local government 

to undertake disaster recovery actions, 

but where the economic losses are not 

large enough or sufficiently widespread 

to require extensive State or Federal 

financial assistance. 

EPA also agrees that some notification 

and oversight should be required to 

avoid temporary-use incinerators being 

operated indefinitely in areas that are 

declared States of Emergency by the 

State, local or Federal government. The 

final rules require that operators of 

temporary-use incinerators combusting 

debris in declared emergency or disaster 

areas notify the Administrator if it is 

necessary for the units to combust 

debris within the boundaries of a given 

emergency or disaster area for more than 

8 weeks from the date the units began 

operation, and request permission to 

continue to operate. EPA’s intent is that 

if a unit is used during a period that 

begins on the date the unit started 

operation and lasts 8 weeks or less, then 

that unit is excluded from the 

requirements of the final rules. A unit 

that operates intermittently for 8 weeks 

or less over a period longer than 8 

weeks from the date the unit started 

operation (e.g., over a 12-week period) 

does not meet the requirement for 

exclusion. 

The notification must be submitted in 

writing by the date 8 weeks after the 

temporary-use incinerator begins 

operating within the boundaries of the 

current emergency or disaster area. The 

notification must contain the date the 

incinerator began operation within the 

current emergency or disaster area, 

identification of the disaster or 

emergency for which the incinerator is 

being used, a description of the types of 

materials being burned, information on 

the size and design of the incinerator, 

the reasons the incinerator must be 

operated for more than 8 weeks, and the 

additional amount of time for which 

permission to operate is requested, 

including a date for ceasing operation. 

Upon submittal of the notification, the 

temporary-use incinerator automatically 

may operate for another 8 weeks (a total 

of 16 weeks from the date the unit 

started operation). At the end of 16 

weeks, the temporary-use incinerator 

must cease operation or comply with 

the OSWI emission limits and other 

requirements of the final OSWI rules 

unless the Administrator has approved 

the request to continue operation. 

Given these changes, 16 weeks will be 

the maximum length of time a 

temporary-use incinerator can operate 

in a given area declared a State of 

Emergency or major disaster without 

specific permission to continue 

operation from the Administrator. The 

approval of the request to continue 

operating must establish a site-specific 

date to cease operation. We have chosen 

this approach, rather than setting a 

uniform maximum amount of time 

because a case-by-case approval process 

allows EPA and States to set the 

appropriate time limits for the specific 

situation. 

We decided that the notification 

should be provided within 8 weeks after 

the start of operation to be consistent 

with the timing in the proposed rules 

for areas that had not been declared 

emergencies or major disasters by the 

State or Federal government. In 

emergency situations, quick removal of 

debris is of utmost importance to 

maintain public health and safety, and 

temporary-use incinerators may be best 

suited to dispose of debris. We have 

elected not to regulate incinerators used 

on a short-term basis to recover from an 

emergency or disaster under the final 

OSWI rules, because regulation would 

hinder the recovery effort and this 

impact would outweigh the benefits 

from regulation of the units. Recent 

events in the Gulf States due to 

Hurricanes Katrina, Rita, and Wilma 

have illustrated the importance of 

immediate recovery action following a 

disaster. This proactive approach, 

which addresses the terms for use of a 

temporary-use incinerator during 

declared emergencies or disasters, is 

better than an approach that requires 

EPA and others to react during or 

immediately after such an emergency or 

disaster strikes. We also point out that 

States and the Federal government have 

specific procedures that are followed in 

declaring an area a State of Emergency 

or a major disaster area. Their 

procedures involve extensive 

involvement by local, State, and Federal 

officials to conduct a preliminary 

damage assessment, develop debris 

removal plans, and coordinate and 

manage disaster assistance activities. 

Further information on the processes 

can be found on individual State Web 

sites and on the Federal Emergency 

Management Agency (FEMA) Web site 

(http://www.fema.gov). Given that there 

is already a coordination process and 

we do not intend to regulate temporaryuse incinerators operated for 8 weeks or 

less, an earlier notification requirement 

in the final OSWI rules is not necessary 

or productive. 

Finally, in responding to a separate 

comment regarding air curtain 

incinerators, we reviewed and clarified 

the exclusions for which air curtain 

incinerators may qualify. In doing this 

review, we realized that air curtain 

incinerators were not specifically 

mentioned in the exclusion for 

temporary-use incinerators used in 

disaster or emergency recovery efforts. 

To remedy this, we are clarifying that 

the temporary-use incinerators used in 

disaster or emergency recovery efforts 

exclusion includes air-curtain 

incinerators used for these purposes. We 

realize that air curtain incinerators may 

be particularly useful in disaster 

recovery efforts, and intend that they 

may also qualify for this particular 

exclusion. 

Control Feasibility. Another 

commenter contended that EPA has not 

74880 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

explained why it is infeasible for 

temporary-use incinerators to include 

air pollution controls or how requiring 

controls would delay commencement of 

operation. Therefore, the commenter 

concluded, EPA has provided no basis 

for the assumption that controlling 

emissions from temporary-use 

incinerators would hinder recovery 

efforts. 

Declared States of Emergency and 

major disasters are, by definition, 

serious events. In emergency situations, 

quick removal of debris is of utmost 

importance to maintain public health 

and safety. Depending on the type of 

emergency and the local situation, there 

may be no reasonable and safe 

alternatives to incineration. Regulation, 

under the final OSWI rules, of 

temporary-use incinerators used for 

disaster recovery efforts would 

discourage use of such incinerators, 

potentially hindering recovery efforts 

and impairing public health and safety. 

The emission limits in the final OSWI 

rules are based on wet scrubbing for any 

IWI and VSMWC units other than air 

curtain incinerators burning only clean 

lumber, wood waste, and yard waste. 

The annual cost of a wet scrubber and 

the monitoring, recordkeeping, and 

reporting required by the rules 

(including annualized capital cost of the 

scrubber and monitoring equipment, 

and annual operation and maintenance 

(O&M), permitting and reporting costs) 

may be more than six times the cost of 

owning and operating an uncontrolled 

incinerator. Even if the final OSWI rules 

were to require no add-on control of 

such incinerators, it is estimated that 

the annual cost of the testing, 

monitoring, recordkeeping and 

reporting required by CAA section 129 

could more than quadruple the cost of 

owning and operating the incinerator. 

These sharp increases in regulatory 

compliance costs relative to the current 

cost of incineration would discourage 

use of incinerators. Furthermore, as 

evidenced by the recent recovery efforts 

due to Hurricanes Katrina, Rita, and 

Wilma, the water supply, handling and 

treatment capabilities required to 

operate the wet scrubber may be 

unavailable for long periods of time in 

the disaster areas, while the need for 

recovery is immediate. In such 

situations, the incinerator cannot stand 

idly by while awaiting ancillary services 

to operate the scrubber. 

We also point out that the exclusion 

for emergency cleanup activities of short 

duration is not unique to the final OSWI 

rules. Other CAA programs and rules 

recognize the need to make allowances 

for similar situations. For example, the 

site remediation NESHAP (40 CFR part 

63, subpart GGGGG) provide an 

exclusion for site remediation activities 

that are completed within 30 

consecutive calendar days. The 

preamble for the proposed rule 

explained that, ‘‘This exemption is 

intended to apply to contamination 

commonly caused by a spill where the 

cleanup is initiated soon after the spill 

event and is of very short duration (i.e., 

typically 30 days or less). The purpose 

of this exemption is to encourage 

prompt attention to remediating 

contaminant spills and leakages’’ (67 FR 

49407, June 30, 2002). Similarly, the 

OSWI exclusion of temporary-use 

incinerators encourages prompt cleanup of debris from emergencies and 

disasters and excludes only temporaryuse incinerators that operate for a 

limited period of time within a declared 

disaster area. 

7. Sewage Sludge Incinerators 

Two commenters were unsure how 

the proposed rules treat sludge 

incinerators. Both commenters 

requested that EPA clarify if, and how, 

commercial and municipal sludge 

incinerators are addressed by the final 

OSWI standards. 

Sewage sludge incinerators (SSI) are a 

source category that is being addressed 

under CAA section 112. As early as 

April 2000, EPA indicated that it no 

longer intended to regulate SSI under 

section 129 of the CAA: 

The Agency has decided not to regulate 

sewage sludge incinerators as a category 

under Section 129 of the Clean Air Act 

* * *. The Agency believes that sewage 

sludge generated by publicly-owned 

treatment works (POTWs) and combusted in 

SSIs is ‘‘solid waste.’’ However, this sludge 

is from a municipal source, and not from 

‘‘commercial or industrial establishments or 

the general public.’’ Therefore, SSIs that 

combust this sludge are not ‘‘solid waste 

incineration units’’ and section 129 does not 

apply to them. Virtually all of the SSIs that 

would be candidates for regulation combust 

sludge from POTWs, and thus are not 

covered under Section 129. 

(Unified Agenda, 65 FR 23459–01 (April 

24, 2000).) In addition, EPA’s intent to 

regulate these sources under CAA 

section 112 was made clear when SSI 

were included as an additional area 

source category listed pursuant to CAA 

sections 112(c)(3) and 112(k)(3)(B)(ii) in 

the June 26, 2002 Federal Register (67 

FR 43113). As discussed previously, 

source categories regulated by CAA 

section 112 may not also be subject to 

a CAA section 129 regulation. In 

previous regulatory activities, EPA was 

unable to identify any SSI that were 

major sources. (See 67 FR 6521, 

February 12, 2002.) Therefore, the entire 

SSI source category consists of area 

sources, and will be addressed by the 

CAA sections 112(c) and 112(k) 

regulations. Sewage sludge incinerators 

do not meet the definitions of IWI or 

VSMWC units in the final OSWI rules 

and, thus, are not regulated as OSWI 

units. 

8. National Security Incineration Units 

In the preamble to the proposed OSWI 

rules, EPA requested comment on 

whether a subclass of IWI units that 

burn national security documents 

should be excluded from the final OSWI 

regulations. Three commenters opposed 

excluding incinerators that burn 

national security documents from 

regulation and contended that EPA did 

not explain or justify the reason to 

exclude these units. However, another 

commenter expressed concern that there 

could be situations in which the only 

viable alternative for the destruction of 

classified materials would be the use of 

an OSWI unit. Another commenter 

requested EPA provide an exclusion to 

the final OSWI rules for units used for 

sanitization of classified or otherwise 

sensitive materials by the U.S. Armed 

Forces, the Department of Energy, and 

other similar agencies. 

We have determined that any IWI 

units used solely during military 

training field exercises to destroy 

national security materials integral to 

the field exercises are not subject to the 

final OSWI rules. We have determined 

that an outright exclusion for other IWI 

units used to destroy national security 

materials will not be provided in the 

final OSWI rules. However, the final 

rules contain provisions such that 

individual sources may apply for this 

type of exclusion as necessary. We 

understand that mechanical destruction 

or other alternatives to incineration are 

available for most, if not all, categories 

of national security materials. Thus, we 

think that, as a general matter, few 

incineration units will meet this 

exclusion on a long-term basis. 

Nonetheless, this exclusion is needed 

for two reasons. First, the government 

could change the acceptable means of 

disposing of one or more types of 

national security materials in the future. 

Second, there may be unexpected 

circumstances when mechanical or 

other alternative means of destruction 

are temporarily unavailable, requiring 

the use of backup incineration units 

during those periods. To be granted an 

exclusion, a source/governmental entity 

must demonstrate that the unit is used 

solely to incinerate national security 

materials and that a reliable alternative 

to ensure acceptable destruction of 

national security materials is 

unavailable on either a permanent or 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74881 

temporary basis. An ‘‘acceptable’’ level 

of destruction is one that meets 

applicable regulations, guidelines, or 

instructions for the destruction of 

national security materials. For existing 

units, the request must be submitted to 

the Administrator prior to 1 year before 

the final compliance date, and the 

Administrator will either grant or deny 

the request for exclusion. For new units, 

the request must be submitted to and 

approved by the Administrator prior to 

initial startup. The final rules contain 

specific provisions for applying for this 

exclusion. 

9. Various Other Applicability Issues 

Cyclonic Burn Barrels. One 

commenter asked if cyclonic burn 

barrels are subject to the OSWI 

regulations. The commenter 

recommended that EPA explicitly 

include these devices as regulated 

entities subject to all the requirements 

of the final OSWI regulations. 

It was our intent to regulate cyclonic 

burn barrels that meet the definition of 

an IWI unit or VSMWC unit under the 

final OSWI rules. An IWI unit is a 

combustion unit, regardless of size, 

located at an institutional facility (i.e., 

land-based facility owned and/or 

operated by an organization having a 

governmental, educational, civic, or 

religious purpose) that burns solid 

waste generated at that institutional 

facility. A VSMWC unit is a combustion 

unit that has the capacity to burn less 

than 35 tpd of municipal solid waste 

collected from residential, commercial, 

institutional, and industrial sources. We 

agree that cyclonic barrel burners are a 

type of incinerator because they provide 

an enclosure (barrel) in which the waste 

is burned and include a fan to provide 

high-velocity air flow and an exhaust 

outlet, and we did not exclude them in 

the proposal. To clarify our intent to 

regulate this type of OSWI unit, we are 

including ‘‘cyclonic burn barrel’’ as 

another example of an incinerator 

design in the final rules’ definitions of 

IWI unit and MWC unit. We would like 

to note that the final OSWI rules 

regulate only IWI and VSMWC units. 

For example, if a cyclonic burn barrel is 

used at a commercial or industrial 

facility to burn commercial or industrial 

solid waste, then it would not be subject 

to the final OSWI rules. 

Human Crematories. Two 

commenters objected to the exemption 

of human crematories from the 

proposed rules. Both commenters 

argued that the incineration of human 

bodies emits significant quantities of 

mercury and other hazardous air 

pollutants. One commenter objected to 

EPA’s conclusion that human bodies are 

not solid waste and noted that EPA 

defines solid waste under the SWDA as 

any ‘‘discarded material.’’ The 

definition also clarifies that a material is 

‘‘discarded’’ if it is ‘‘burned or 

incinerated.’’

Clean Air Act section 129 regulations 

deal solely with solid waste combustion 

units. As noted in the preamble to the 

proposed rules, in considering the 

nature of human crematories, EPA has 

determined that the human body should 

not be labeled or considered ‘‘solid 

waste.’’ Therefore, human crematories 

are not solid waste combustion units, 

and are not a subcategory of OSWI for 

regulation. 

We disagree with the commenter’s 

assertions that human bodies are 

discarded and that CAA section 129 

rules must consider a material to be 

‘‘discarded’’ if it is ‘‘burned or 

incinerated.’’ The definition of 

‘‘discarded’’ referred to by the 

commenter is found in 40 CFR part 261, 

which defines ‘‘hazardous waste’’ for 

the purpose of implementing the 

hazardous waste program authorized by 

the SWDA. In defining ‘‘hazardous 

waste,’’ 40 CFR part 261 also defines 

‘‘solid waste’’ and elaborates on the 

meaning of ‘‘discarded,’’ which is a term 

used in the definition of solid waste. 

However, in doing so, 40 CFR part 261 

states explicitly in 40 CFR 261.1(b)(1) 

that this definition of solid waste is only 

for the purpose of materials that are 

hazardous wastes. Much of the 

complexity and specificity of the 40 

CFR part 261 definitions is needed to 

assure that hazardous waste is properly 

identified, tracked, transported, and 

disposed of, and is not inappropriately 

discarded or abandoned. The 40 CFR 

part 261 details on the meaning of solid 

waste and discarded are not found in 

solid waste definitions within the 

Resource Conservation and Recovery 

Act (RCRA) rules pertaining to 

nonhazardous wastes (e.g., 40 CFR part 

240 through 40 CFR 259). The 

regulatory definitions of ‘‘solid waste’’

and ‘‘discarded’’ found in 40 CFR part 

261, therefore, do not apply to 

nonhazardous solid wastes. Section 129 

of the CAA regulates only nonhazardous 

solid wastes. As described in previous 

Federal Register notices pertaining to 

the proposed and final CISWI rules (64 

FR 67104, November 30, 1999 and 65 

FR 75342, December 1, 2000) EPA has 

adopted, under the joint authority of the 

CAA and RCRA, a definition of solid 

waste that is used solely to identify 

nonhazardous solid waste for the 

regulatory programs authorized by CAA 

section 129, such as the final CISWI and 

OSWI rules. The definition of discarded 

cited by the commenter is not 

applicable to CAA section 129 rules. 

However, as stated in the preamble to 

the proposed OSWI rules, if EPA or 

States determine in the future that 

human crematories should be 

considered for regulation, they would be 

addressed under other authorities. 

Animal Crematories. One commenter 

expressed support for the proposed 

decision to exclude animal crematories 

as a regulated subcategory of the 

proposed OSWI rules and supports the 

proposed exclusion of pathological 

waste incineration units. The 

commenter pointed out that the other 

alternatives to incineration, such as 

rendering, burial, composting or feeding 

of the carcass to exotic animals does not 

address the need for disposal of animal 

carcasses with an infectious disease. 

Another commenter contended that 

animal crematories are solid waste 

incineration units that must be 

regulated under CAA section 129. 

EPA has not changed our decision to 

exclude animal crematories and 

pathological waste incineration units, 

based on our analysis of their emissions 

and the adverse impacts that would 

occur if these units were regulated 

under the final OSWI rules, as fully 

described in the preamble to the 

proposed rules and in the response to 

comments document. 

Additional Possible Subcategories of 

OSWI Units. In the preamble to the 

proposed rules, we requested comment 

on whether other subclasses of OSWI 

units existed and if any special and/or 

extenuating circumstances existed that 

warranted their exclusion from 

regulation under OSWI. We received 

only one communication related to this 

request. 

The U.S. Coast Guard (USCG) 

informed EPA that they were concerned 

that the rules, as proposed, could be 

interpreted to include incinerators 

located on ships. According to the 

USCG, some of its largest cutter classes 

have small shipboard solid waste 

incinerators that are used to dispose of 

solid waste generated aboard ship while 

the ship is at sea. The USCG indicated 

that they believed these incinerators 

should not be subject to the final OSWI 

rules. 

It was never EPA’s intent to regulate 

incinerators aboard USCG patrol ships 

or other ships, and EPA’s analyses 

supporting the final OSWI rules have 

not included information about 

shipboard incinerators. Thus, EPA has 

not only replaced the definition of 

‘‘institution’’ with ‘‘institutional 

facility’’ to be consistent with 

terminology used elsewhere in the final 

OSWI rules, but we also have defined 

74882 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

2 In order to effectively police U.S. borders, help 

secure national security and carry out research 

activities, many of these ships must have the 

maximum flexibility to stay at sea as long as is 

necessary to accomplish their mission, with a 

minimum of disruption, such as having to come 

into port to dispose of solid waste. 

‘‘institutional facility’’ to apply to landbased incinerators. 

We note that the use of wet scrubbers 

on ships raises the question of whether 

it is even technically feasible to locate 

wet scrubbers on ships (including the 

availability of fresh water for the 

scrubber systems), and, moreover, begs 

the question of how the ships would 

then dispose of the wastewater 

generated by the scrubbers. If a 

shipboard incinerator could not meet 

the standards, the incinerator would 

have to shut down. Yet, many ships 

have onboard incinerators to dispose of 

the solid waste generated on these ships 

while at sea (e.g., patrolling U.S. 

borders), without having to come into 

port or otherwise change their route in 

order to dispose of the solid waste using 

an alternative means.2

B. Definitions 

1. ‘‘Clean Lumber’’ and ‘‘Wood Waste’’

Definition 

Two commenters suggested that the 

definitions of ‘‘clean lumber’’ and 

‘‘wood waste’’ found in 40 CFR 60.2977 

and 40 CFR 60.3078 should explicitly 

exclude manufactured wood products 

containing adhesives. Examples of such 

products include plywood, particle 

board, flake board, and oriented-strand 

board (OSB). One commenter noted that 

questions regarding whether 

manufactured wood products are 

considered ‘‘clean lumber’’ or ‘‘wood 

waste’’ continue to arise, and 

recommended that EPA improve the 

final rules by specifically excluding 

these adhesive-treated wood products 

from the definitions of ‘‘clean wood’’

and ‘‘wood waste.’’

These definitions are important in the 

final OSWI rules because there are 

reduced requirements for air curtain 

incinerators that burn only clean lumber 

or wood waste. We agree with the 

commenter, and our intent was to 

exclude wood products manufactured 

with adhesives and resins from the 

definitions of ‘‘clean lumber’’ and 

‘‘wood waste.’’ The proposed definition 

of ‘‘clean lumber’’ excluded wood that 

has been painted, stained or pressuretreated; and the proposed definition of 

‘‘wood waste’’ limited wood waste to 

‘‘untreated’’ wood and wood products, 

but did not specify the meaning of 

‘‘untreated.’’ Adhesives, like paints, can 

contain hazardous pollutants and we 

did not intend for air curtain 

incinerators burning these materials to 

qualify for the reduced requirements. To 

clarify our intent, we have expanded the 

second sentence in the definition of 

clean lumber to state, ‘‘Clean lumber 

does not include wood products that 

have been painted, pigment-stained, or 

pressure-treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote, or 

manufactured wood products that 

contain adhesives or resins (e.g., 

plywood, particle board, flake board, 

and oriented strand board).’’ We have 

also revised the definition of ‘‘wood 

waste’’ by adding a fourth item to the 

list of items that wood waste does not 

include: ‘‘(4) Treated wood and treated 

wood products, including wood 

products that have been painted, 

pigment-stained, or pressure-treated by 

compounds such as chromate copper 

arsenate, pentachlorophenol, and 

creosote, or manufactured wood 

products that contain adhesives or 

resins (e.g., plywood, particle board, 

flake board, and oriented strand 

board).’’

2. Municipal Solid Waste 

One commenter noted that the 

definition of MSW in the proposed 

OSWI regulations is not the same 

definition used in previous CAA section 

129 regulations (i.e., MWC regulations 

found in 40 CFR part 60, subparts Ea, 

Eb, AAAA, and BBBB). The commenter 

understands that EPA is using language 

from CAA section 129(g)(5) for the 

definition of MSW, but disagreed with 

the proposal’s use of ‘‘collected from’’ in 

the definition of MSW. The commenter 

noted that units at apartment complexes 

or retail stores, or units located at 

industrial sites burning office paper are 

not covered as VSMWC units because of 

the ‘‘collected from’’ language in the 

proposed OSWI rules, and they are not 

covered by the final CISWI rules. The 

commenter contended that this would 

leave a very important type of 

incinerator unregulated, noting 

especially incinerators located at 

grocery stores. 

We are retaining the proposed 

definition of ‘‘municipal solid waste’’ in 

the final OSWI rules to be consistent 

with CAA section 129, which defines 

‘‘municipal waste’’ as ‘‘refuse (and 

refuse derived fuel) collected from the 

general public and from residential, 

commercial, institutional, and industrial 

sources consisting of paper, wood, yard 

wastes, food wastes, plastics, leather, 

rubber and other combustible materials 

and non-combustible materials such as 

metal, glass and rock * * * .’’ To be a 

VSMWC unit that is subject to the final 

OSWI rules, a unit must combust waste 

that is ‘‘collected from’’ multiple 

establishments. Under this definition, 

incinerators owned/operated by 

commercial businesses, such as grocery 

stores or apartments, that burn waste 

generated on site rather than collected 

from multiple establishments are not 

considered VSMWC units and are not 

covered by the final OSWI rules. 

As the commenter points out, the 

final CISWI rules (40 CFR part 60, 

subparts CCCC and DDDD) currently 

exclude units burning MSW as defined 

in the final large and small MWC rules 

(40 CFR part 60, subparts Ea, Eb, AAAA, 

and BBBB). These other rules do not 

include the ‘‘collected from’’ language 

in their definitions of MSW. Therefore, 

the final CISWI rules currently exclude 

some industrial and commercial units 

that burn wastes such as paper, 

cardboard, and food wastes that are 

generated on site but are not associated 

with the manufacturing process. The 

commenter is concerned that such units 

will not be subject to any CAA section 

129 rules. As stated in the preamble to 

the proposed OSWI rules (69 FR 71480, 

December 9, 2004), under the CAA 

section 129 definition of ‘‘municipal 

waste,’’ small incinerators that are 

located at commercial businesses (such 

as stores, restaurants and apartments) or 

industrial sites are not VSMWC units 

because they do not burn waste which 

has been ‘‘collected from.’’ Such units 

are properly addressed under the final 

CISWI rules, because of their location at 

commercial and industrial sites. EPA 

intends to address regulation of such 

combustion units under future revisions 

to the final CISWI rules. 

C. MACT Floors and Emission Limits 

1. MACT Floors 

New Units. One commenter stated 

that EPA must base floors on emission 

levels achieved by the best controlled 

unit, not on the technology that the unit 

uses or emission levels that EPA deems 

achievable with such technology, and 

contended that EPA did not consider 

the effect of waste composition on a 

unit’s performance when setting the 

MACT floor for new units. The 

commenter argues that because EPA has 

not demonstrated that medical waste is 

comparable to the waste combusted in 

a VSMWC or IWI unit, EPA has not 

supported the assumption that the 

average performance of a medical waste 

incinerator equipped with a wet 

scrubber is representative of the actual 

performance of the best performing 

VSMWC or IWI unit. 

In the preamble to the proposed rules, 

we noted that EPA does not have 

emissions test data for the OSWI units 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74883 

in the OSWI inventory. Therefore, we 

were unable to determine the best 

controlled OSWI unit based on OSWI 

emission levels. However, our OSWI 

inventory indicated that only one OSWI 

unit contained an add-on control 

device. This control device is identified 

as a ‘‘medium efficiency wet scrubber.’’

EPA utilized information on control 

devices to help categorize the category 

of similar units whose actual emissions 

data would then be used to set the floor 

(i.e., the best performing similar unit, or 

an incinerator equipped with a medium 

efficiency wet scrubber in this case). As 

we discussed in the preamble to the 

proposed rules, we do have emissions 

test data for HMIWI units, which are 

similar to OSWI units. Our emissions 

data for HMIWI indicates whether the 

unit is equipped with a wet scrubber, 

but does not indicate the efficiency (e.g., 

low, medium, or high) for which the 

scrubber is designed. Therefore, to 

develop emission limits that are 

representative of what a medium 

efficiency wet scrubber can achieve, we 

averaged all emissions data for HMIWI 

units equipped with wet scrubbers. In 

using this approach, we have also 

accounted for the variability of 

emissions testing for waste combustion 

units. Any single emission test is merely 

a ‘‘snapshot’’ of the emission level from 

the unit. The same unit tested a month 

later may have a lower or higher 

emission rate. Thus, selecting the best 

single emission test (the lowest 

‘‘snapshot’’) does not reflect the 

emission limit that is continuously 

achieved over time. Taking the average 

of emission tests from multiple units of 

similar design with wet scrubbers 

accounts for the inherent variability of 

the data. By taking the average of all 

performance data, we have considered 

data from wet scrubber-equipped units 

that are both better than, and worse 

than, the proposed emission limits, but 

should nonetheless be continuously 

achieved by a unit equipped with a 

medium efficiency wet scrubber. For 

perspective, we also note that this floor 

analysis approach results in limits for 

most pollutants that are more stringent 

than the limits for HMIWI units and 

large and small MWC units. 

Although the data we used to develop 

the emission limits are from HMIWI 

units, the commenter does not contend 

that HMIWI and OSWI units are not 

similar in size, design, or operation. 

While the commenter argues that 

medical waste may not be comparable to 

MSW or institutional waste, they do not 

provide any data to support their 

concern or to demonstrate that 

emissions from OSWI units are lower 

than emissions from HMIWI units with 

the same control technology. To address 

these concerns, we have further 

considered the compositions of medical 

waste and MSW. Both types of waste 

contain a range of materials including 

paper, plastics, metal, glass, food waste, 

and other materials. However, within 

both categories there can be a wide 

variety of composition depending on the 

specific sources that generated the 

waste, geographic location, and any 

separation practices used prior to 

combustion. Given the variability 

within each waste type, we cannot 

conclude that incinerating one or the 

other would result in higher emissions. 

We find the wastes to be generally 

similar in composition based on the 

general types of materials contained in 

the waste and the very limited data 

available on the proportions of paper, 

plastic, metals, and other materials 

contained in the waste. Considering the 

similarities in combustion unit size, 

design, operations, and waste 

composition, we have determined that 

the emission levels actually achieved by 

HMIWI units equipped with wet 

scrubbers are an appropriate basis for 

setting the MACT floor for new OSWI 

units. Therefore, in the absence of 

emissions data on OSWI units, we have 

determined that HMIWI units are a 

similar source and we plan to continue 

to use the emission limits based on the 

HMIWI data as proposed, with the 

exception of revisions to the CO and 

HCl emission limits that were necessary 

to address other comments (discussed 

later in this section). 

Existing Units. In a comment similar 

to that for new units, one commenter 

stated that floors for existing units do 

not reflect the average emission level 

achieved by the best performing 12 

percent of units in each category or 

subcategory. The commenter argued that 

EPA’s MACT floor approach for existing 

units ignored the effect of waste input 

on emissions performance. As an 

example, the commenter specifically 

points out that the lead floor level of 

4,300 μg/dscm would be worse than the 

actual performance of an OSWI unit 

burning waste that did not contain lead, 

and that EPA has not provided any 

reason to believe that these units would 

burn any waste containing that level of 

lead. 

As previously stated, we do not have 

data on actual emissions from OSWI 

units, thus we had to use emissions data 

from similar, existing units. EPA 

utilized information on control devices 

used at the best performing 12 percent 

of existing OSWI units not to set the 

floor number itself (as the commenter 

suggests), but to help characterize the 

category of similar units whose actual 

emissions data would then be used to 

set the floor—small, uncontrolled, 

modular/starved air MWC units. 

With regard to the commenter’s 

contention that, in determining the 

floor, EPA did not consider the effect of 

waste input on emissions performance, 

OSWI units combust diverse and 

heterogeneous mixtures of wastes. For 

example, VSMWC units burn MSW that 

contains metals including lead in 

varying amounts, and materials 

separation techniques cannot achieve 

complete removal of lead or other 

compounds. In setting emission limits 

for large and small MWC units under 

CAA sections 129 and 111, EPA 

examined materials separation 

techniques and proposed materials 

separation requirements, but ultimately 

decided not to require materials 

separation prior to combustion. We 

stated that ‘‘the variable and 

heterogeneous nature of municipal solid 

waste makes quantification of such 

emission reductions associated with 

removal of various materials technically 

infeasible’’ (56 FR 5496, February 11, 

1991). Subsequent revisions of the 

section 129 large and small MWC rules 

in 1995, 1997, and 2000 also did not 

require materials separation or use it as 

the basis for determining the MACT 

floors. The same waste variability and 

materials separation considerations and 

constraints that applied in development 

of the final large and small MWC rules 

also apply to the final OSWI rules. 

We acknowledge that there are 

limited emissions data available for the 

floor level of control (i.e., uncontrolled 

two-chamber incineration units), but 

also point out that we have gone beyond 

the floor in the selection of emission 

limits based upon the use of a wet 

scrubber. From a practical standpoint, 

any potential change in the floor 

emission levels would not have any 

effect on the final emission limits 

selected. Therefore, we do not see a 

need to re-evaluate the floor emission 

levels used in our prior analysis because 

it would most likely not lead us to 

establish different MACT limits. 

Combined Subcategories. In the 

preamble to the proposed rules, we 

requested comment on whether we 

should combine the two subcategories 

(i.e., IWI and VSMWC) and determine a 

single MACT floor and emission limits 

for new OSWI units. Likewise, we made 

a similar request regarding combination 

of subcategories for existing units. We 

did not receive any public comments in 

response to these requests. We have not 

changed the subcategories or approach 

to determining the MACT floors. 

74884 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

2. Carbon Monoxide 

Two commenters considered the CO 

emission limit of 5 parts per million 

(ppm) (at 7 percent oxygen (O2)) to be 

unrealistically low. Another commenter 

contended that a medium efficiency wet 

scrubber cannot reduce CO to 5 ppm, as 

CO is not water soluble and water will 

not affect the concentration. 

We agree with the commenters’

assertions that a wet scrubber is not an 

effective control device for CO 

emissions. As we have discussed 

previously, we used emissions test data 

for wet scrubber-equipped HMIWI units 

to develop the proposed emission limits 

for new and existing OSWI units. As 

one commenter observed, the CO 

emission limit for HMIWI is 40 ppmv. 

The HMIWI emission limit was based 

on data from CO continuous emission 

monitoring systems (CEMS), and was 

determined to be the emission limit 

continuously achieved on a 12-hour 

rolling average basis. However, when 

we developed the proposed OSWI 

emission limits, we used performance 

test data from HMIWI units instead of 

CEMS data to develop CO and other 

pollutant emission limits. Although this 

approach for CO was simple and 

consistent with the other pollutants, it 

was not adequate to address the large 

quantity of data, including its 

variability, that was considered when 

the HMIWI CO emission limit was 

developed. Because CO is the only 

pollutant for which the final OSWI rules 

require CEMS for existing and new 

units, we are revising the emission limit 

to better account for the large volume of 

data generated by the CEMS and the 

amount of inherent variability that 

occurs when generating continuous 

data. The new CO limit is 40 ppmv over 

a 12-hour rolling average. This limit is 

consistent with a previously 

promulgated HMIWI emission limit for 

a source category similar to OSWI, and 

is also the lowest CO emission limit of 

any of the CAA section 129 rules. 

3. Hydrochloric Acid 

One commenter believes the proposed 

HCl standard is unachievable and 

should be revised to no lower than 20 

ppm because EPA Method 26A 

generally is not adequate for 

demonstrating compliance with an HCl 

standard below 20 ppm at sources with 

wet scrubbers. 

We have considered the commenter’s 

assertion that EPA Method 26A is not 

adequate for demonstrating compliance 

with a HCl standard below 20 ppm 

when sampling sources with wet 

scrubbers. Although it is not evident 

that there is an outright problem, we 

now have a more mature understanding 

of applicability of EPA Method 26A in 

certain environments. Therefore, we 

acknowledge that a tester may need to 

take certain precautions to ensure that 

there is no bias when sampling streams 

with HCl concentrations at or below the 

3.7 ppmv emission limit as proposed. 

For example, there is the need to 

precondition the filter with stack gas 

because the filter may absorb, adsorb, or 

react with some of the HCl in the stack 

gas resulting in a number biased low. 

Water droplets may also affect the 

results of the test. Additional 

procedures may be required to eliminate 

any droplets within the sampling train. 

As we discussed previously, we used 

test data from wet scrubber-equipped 

HMIWI units to develop the proposed 

emission limits for OSWI units. 

Unfortunately, we do not know if the 

personnel conducting the HMIWI 

compliance emission tests that we used 

to develop the 3.7 ppmv proposed 

OSWI emission limit took special 

precautions to prevent a low bias when 

sampling and testing for HCl. To 

address this uncertainty in the data and 

the commenter’s concerns, we are 

amending the HCl emission limits in the 

final OSWI rules to 15 ppmv. This is the 

same limit contained in the final HMIWI 

rules, and HMIWI units equipped with 

wet scrubbers are demonstrating 

compliance with a 15 ppmv limit. 

We also note that there were no 

public comments received on testing 

concerns for the 15 ppmv emission limit 

in the final HMIWI rules. Although this 

is higher than the proposed HCl 

emission limit, it is the lowest HCl 

emission limit of any CAA section 129 

rule and is clearly achievable by wet 

scrubber-equipped units similar to 

OSWI units. To ensure that there is no 

bias in compliance test data, we are 

including provisions in the final OSWI 

rules that require sources to condition 

the filter before testing, and use a 

cyclone and post test purge if water 

droplets may be present. 

D. Title V Operating Permits 

1. Air Curtain Incinerators 

We received a number of comments 

regarding air curtain incinerators and 

the title V operating permit 

requirements of the proposed OSWI 

rules. The majority of these pertained to 

air curtain incinerators burning only 

wood waste, clean lumber, and yard 

waste. For instance, several commenters 

contended that the requirement for air 

curtain incinerators burning only wood 

waste, clean lumber, and yard waste to 

obtain a title V operating permit is not 

justified either legally or in terms of 

environmental outcome and is 

inconsistent with previously 

promulgated solid waste combustion 

regulations. 

We disagree with the commenters’

conclusions and so noted in our 

response to similar comments in the 

final rule for the CISWI Federal plan (68 

FR 57518, October 3, 2003). During 

proposal for the CISWI Federal plan, we 

clearly stated our interpretation that the 

CAA requires permitting under title V 

for sources subject to rules written 

pursuant to CAA sections 129 and 111. 

As is the case here, commenters 

questioned our position on this matter 

by contending that by not specifically 

referring to title V requirements in prior 

rulemakings, we were indirectly 

expressing our position that title V 

regulations were not applicable. To the 

contrary, we knew that 40 CFR part 70 

or 40 CFR part 71 title V requirements 

would apply to any rules written under 

CAA section 129 or 111 and presumed 

no additional language was needed in 

those rules to convey the need to meet 

the title V requirements. Given prior 

comments to the effect that such 

presumptions were misplaced, we 

responded by first saying that we were 

specific in the proposal about the need 

for title V operating permits for air 

curtain incinerators subject to the CISWI 

Federal plan for the purpose of 

clarifying that need. We did so in order 

to clearly present EPA’s view of such 

sources’ title V obligations, and to 

answer questions such as those voiced 

by the prior commenters due to the 

absence of such specific language in the 

CISWI emission guidelines and NSPS. 

Those prior comments are similar to the 

comments now under discussion. At 68 

FR 57527, we stated that EPA has 

consistently maintained that operating 

permits are needed for air curtain 

incinerators subject to NSPS and to 

State plans drafted pursuant to emission 

guidelines. However, communications 

we received following promulgation of 

the CISWI emission guidelines and 

NSPS pointed to the advisability of 

specifically clarifying the matter in the 

preamble to the CISWI Federal plan and 

in the final rule itself. Thus, to facilitate 

the application of title V to these 

sources, we specifically included in the 

CISWI Federal plan language describing 

the need for title V operating permits. 

To further eliminate any doubt as to the 

need for OSWI air curtain incinerators 

to obtain title V operating permits, as is 

the case for all other classes of air 

curtain incinerators, we clearly restated 

that requirement in 40 CFR 60.2994, 

subpart FFFF, as proposed. 

Two commenters concluded that the 

term ‘‘solid waste incineration unit’’ is 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74885 

defined in CAA section 129(g)(1) to 

specifically exclude ‘‘air curtain 

incinerators provided that such 

incinerators only burn wood wastes, 

yard wastes and clean lumber and that 

such air curtain incinerators comply 

with opacity limitations to be 

established by the Administrator by 

rule.’’ As a result, this means that 

permitting or other requirements 

applicable to ‘‘solid waste incineration 

units’’ in CAA section 129 do not apply 

to such air curtain incinerators in the 

same way that they do not apply to 

hazardous waste combustors, materials 

recovery facilities, and qualifying small 

power production facilities, all of which 

also are specifically excluded from the 

definition of ‘‘solid waste incineration 

unit.’’ In addition to questioning EPA’s 

use of authority under CAA section 129 

to require title V operating permits, 

commenters were cognizant that in the 

Federal Register notice promulgating 

the CISWI Federal plan that we had also 

expressed an opinion that section 129 

also invokes authority of CAA section 

111, thus triggering the provisions of 

CAA section 502. Section 502 of the 

CAA requires that sources subject to 

section 111 must obtain title V operating 

permits. Commenters expressed a 

number of opinions about the interplay 

of CAA section 502 to the purpose of 

trying to make a case that the section 

502 provision for exempting classes of 

nonmajor sources should be applied in 

the case of OSWI air curtain 

incinerators. 

EPA believes that a facility should 

have a title V operating permit in order 

to avail itself of the air curtain 

incinerator exclusion. Absent this 

exclusion and demonstrated compliance 

with the opacity limit therein, air 

curtain incinerators would be ‘‘solid 

waste incineration units’’ and, therefore, 

subject to a plethora of requirements 

under CAA section 129, including the 

requirement to obtain a title V operating 

permit. The initial step in effectuating 

the exemption is for EPA to use 

available statutory authority to establish 

applicable opacity limits. In this case, 

EPA clearly stated in the preamble to 

the proposed OSWI rules (69 FR 71482, 

December 9, 2004) that it is relying on 

the authority of CAA section 129 to 

establish these limits. Once EPA has 

established applicable opacity limits, it 

must have a mechanism for tracking 

compliance with the limit(s) and with 

the restrictions on the types of materials 

the air curtain incinerator unit in 

question can burn. The mechanism 

available through section 129 is an 

operating permit issued in accordance 

with title V of the CAA. Congress clearly 

evidenced an intent to require all units 

subject to requirements established 

pursuant to CAA section 129 to obtain 

a title V operating permit in enacting 

section 129(e) of the CAA, thus it is 

appropriate for EPA to use such permits 

to ensure that units which claim to be 

entitled to the benefit of the provision 

in section 129(g)(1) are in fact so 

entitled. 

Two commenters requested that EPA 

acknowledge a distinction between air 

curtain incinerators that are ‘‘portable’’

and those that are ‘‘stationary.’’ One 

commenter noted that in the States that 

are using this approach, the ‘‘portable’’

unit is brought to a site and used on 

waste material generated on that site 

and a ‘‘stationary’’ unit has waste 

material brought to the unit from off 

site. The commenter suggested that 

‘‘portable’’ applications should be 

subject to a simple permitting process 

that is no more complicated than an 

open burning permit. The other 

commenter asked that EPA clarify its 

position on whether air curtain 

incinerators are temporary or stationary 

sources. 

First, regardless of whether an air 

curtain incinerator subject to CAA 

section 129 is transported from site to 

site or is used at the same site on a 

continuous basis, it is considered a 

stationary source under 40 CFR part 70 

and 40 CFR part 71 and is required to 

obtain a title V operating permit. Air 

curtain incinerators that are transported 

from site to site are considered 

temporary sources as long as their 

operations are temporary and they are 

moved at least once during the term of 

their permits. (See 40 CFR 70.6(e) and 

40 CFR 71.6(e).) Temporary-use 

incinerators (whether they are air 

curtain incinerators or other types of 

incinerators) used in disaster recovery 

and that meet the requirements of 40 

CFR 60.2969 or 40 CFR 60.3061 are not, 

however, required to obtain a title V 

operating permit. This is because the 

exclusion-allowing provisions noted 

above (or a section 111(d) plan 

developed pursuant to them) do not 

trigger the requirement to apply for a 

title V permit. If the requirements in 40 

CFR 60.2969 or 40 CFR 60.3061 are met, 

only temporary-use incinerators that are 

otherwise subject to title V permitting 

would be required to apply for and 

obtain a title V permit. 

As to the commenter’s concern 

regarding the process for permitting air 

curtain incinerators which are 

temporary sources, a permitting 

authority may issue a single permit to 

the owner or operator of these 

incinerators, thereby authorizing 

emissions by the same source owner or 

operator at multiple temporary 

locations. (See section 504(e) of the 

CAA and 40 CFR 70.6(e) and 40 CFR 

71.6(e).) In order to track the location of 

temporary sources, the owners or 

operators of these sources must notify 

the relevant permitting authority at least 

10 days in advance of each change in 

location. For more information 

regarding the requirements for 

temporary sources, see the statutory and 

regulatory cites noted above. 

As mentioned earlier, there were a 

number of comments on air curtain 

incinerators and title V operating 

permits. While the above discussion 

covers the majority of the issues 

regarding these units and title V 

requirements, we encourage interested 

parties to review the response to 

comments document for a complete 

discourse on the title V comments we 

received and our response to those 

comments. 

2. Unit Closure and Title V Operating 

Permits 

One commenter expressed a concern 

that units planning to close within the 

3 years allowed by the proposed 

emission guidelines would potentially 

have to apply for title V operating 

permits. The commenter asked EPA to 

clarify in the final rules that sources 

either need to close by the time their 

title V permit application is due or that 

a title V permit application is not 

required for sources closing by the final 

compliance date. 

The timing of title V permit 

application deadlines is established by 

law (see sections 129(e), 503(c), 503(d), 

and 502(a) of the CAA). As such, EPA 

has no authority to exempt from this 

requirement sources planning to close. 

Sources planning to close after the 

permit application deadline may 

continue operations until the closure 

deadline as long as the permit 

application deadline is met. Sources 

cannot legally operate after the initial 

title V permit application deadline 

without having submitted a complete 

title V application by this deadline (see 

CAA section 503(c) and 40 CFR 

70.5(a)(1)(i), 71.5(a)(1)(i), 70.7(b), and 

71.7(b)). Sources planning to close can 

explain the procedures and timing 

associated with their closures in their 

title V permit applications. Such an 

explanation will provide the permitting 

authority with much needed 

information and will allow the 

permitting authority to take an 

anticipated closure into account as it 

drafts the source’s title V permit. 

74886 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

E. Testing 

One commenter noted that air curtain 

incinerators normally operate for a few 

weeks at any one project site. For these 

units, the commenter noted that the 

proposed rules require an initial test for 

opacity within 180 days after the final 

compliance date and annual tests to be 

conducted no more than 12 months 

following the date of the previous test. 

For stationary units or units frequently 

in operation, this may be acceptable, but 

for units that may go months or years 

between uses it is not clear when the 

opacity test would be required. As an 

addendum, the commenter also asked 

who would be responsible for 

conducting the test because these units 

are usually rented. 

We acknowledge the commenter’s 

concern regarding annual testing 

requirements for air curtain incinerators 

that may not be used for months or 

years. To address this, we are amending 

the testing requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber and yard waste to require 

opacity testing upon startup if the unit 

has been unused and out of operation 

for more than 12 months following the 

last opacity test. 

Regarding the commenter’s question 

on testing responsibility if the unit is 

rented, we would generally expect the 

owner (lessor) of the unit to perform 

testing and maintain records of 

compliance testing for the unit being 

rented. In this situation, the operator 

(lessee) is responsible for obtaining all 

necessary documentation (e.g., 

performance test data) demonstrating 

that the unit is in compliance from the 

owner (lessor) and maintaining the 

documentation on site with the air 

curtain incinerator. The operator 

(lessee) in all situations is responsible 

for correctly operating the unit, burning 

only allowable materials, being aware of 

all compliance requirements (i.e., 

testing, monitoring, recordkeeping and 

reporting), and making sure the unit is 

in compliance while operating the unit. 

However, given the various 

arrangements that may exist between 

owners and operators, different lengths 

of time a unit may be operated at a 

particular site, etc., EPA and State 

regulatory and enforcement agencies 

have discretion to determine which of 

the parties is responsible for compliance 

activities or noncompliance issues on a 

case-by-case basis. 

F. Impacts 

One commenter contended that EPA’s 

use of national average costs and 

‘‘typical’’ units in determining impacts 

may have overlooked the impact that 

the OSWI rules would have on small 

local governments, school districts and 

small nonprofit organizations. The 

commenter expressed concern that 

EPA’s certification that the rules, as 

proposed, will not have a significant 

economic impact on a substantial 

number of small entities is not based on 

an adequate analysis of IWI units 

operated by small entities. 

The final OSWI rules provide 

exclusions for some sources that may 

find it unreasonably costly to comply 

with the rules or utilize alternative 

disposal options. These exclusions 

include such sources as rural IWI units 

and incinerators in isolated areas of 

Alaska. These, and the other exclusions, 

should provide relief for many small 

entities for which a reasonable disposal 

alternative is unavailable. For example, 

a small, rural school may apply for the 

rural IWI exclusion if they are located 

more than 50 miles from the boundary 

of the nearest MSA and can demonstrate 

that suitable waste disposal alternatives 

do not exist or are economically 

infeasible considering their budget. A 

small school located in an urban area 

will most likely find that alternative 

disposal options are readily available, 

and that they would incur no additional 

cost or perhaps a slight savings by 

shutting down their waste combustion 

unit. The exclusions provided should 

adequately cover those certain 

situations where feasible alternatives to 

incineration do not exist. 

As for areas where alternatives to 

incineration do exist, we have found 

that the typical cost of incineration is 

the same as, or greater than, that of 

using a landfill or sending waste to a 

larger MWC (see tables 5 and 7 of OSWI 

Unit Control Options and Costs 

memorandum, Docket item EPA–HQ–

OAR–2003–0156–0012). An additional, 

more detailed analysis of over 150 

OSWI units was conducted to verify that 

this is the case. The analysis used 

parameters appropriate for each OSWI 

unit, including incinerator throughput, 

distance to nearby landfills, and landfill 

tipping fees. The analysis confirmed our 

initial belief that in the vast majority of 

cases an OSWI facility would incur no 

additional cost when switching to a 

landfill. This was also true for small 

entities. Information about this analysis 

is in the docket (see Impacts of Other 

Solid Waste Incinerator Rule on 

Affected Small Entities, November 

2005). 

There are several likely reasons that 

existing OSWI units have continued to 

operate rather than close and use a less 

expensive waste disposal method. Some 

sources may simply be unaware of other 

viable waste disposal options and their 

costs. The attention of other sources 

may be focused on their day-to-day 

operations, of which the incineration of 

waste represents a small piece, both 

with respect to overall operations and 

budget. Until an unanticipated event, 

such as a significant maintenance or 

repair expense or, in this instance, new 

regulatory requirements, causes a source 

to focus on the question of whether to 

continue to incinerate versus turn to 

another waste disposal method, the 

source may not have a reason to 

consider whether they are using the 

most economical waste disposal 

method. Moreover, some sources may 

not have considered other waste 

disposal options in lieu of incineration 

due to concerns regarding the nature of 

their waste stream (e.g., confidentiality 

or liability concerns). 

As we point out in the preamble to 

the proposed rules, the OSWI 

population has been steadily declining 

over the past several years, and this 

trend would likely continue in the 

absence of an OSWI regulation. To 

ensure that the affected sources were 

aware of the proposed rules, EPA sent 

fact sheets to 361 of the existing OSWI 

units in our inventory (we were unable 

to determine the mailing address for the 

remaining 11 units in our inventory). 

The fact sheets explained the proposed 

regulations, the anticipated costs and 

impacts to their facilities, and how they 

could submit comments. None of these 

facilities submitted comments on the 

proposed rules and, in fact, about onethird of these facilities informed us that 

they no longer own or operate an 

incineration unit. In addition to the 

letters to the existing sources, we also 

identified 125 trade organizations and 

interest groups that represented 

potential OSWI owners/operators, such 

as school system administrators, private 

school headmasters, correctional facility 

administrators, religious organizations, 

associations of city and county 

governments, etc. and sent them copies 

of the fact sheet. None of these interest 

groups submitted comments on the 

proposed OSWI rules or on the cost or 

other impacts EPA anticipated due to 

the rules. We believe that this closure 

trend in absence of regulation exhibited 

by existing OSWI units, paired with the 

lack of comment on our impacts 

analysis by the soon-to-be regulated 

community, supports our analysis that it 

is often more economical to shut down 

OSWI units and use an alternative waste 

disposal method, and, therefore, that the 

final rules do not pose a significant 

impact to a substantial number of small 

entities. 

However, to further address the 

commenter’s concern, small entity 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74887 

outreach surveys were sent to eight 

entities associated with schools (e.g., 

State-affiliated department of education, 

office of school facilities). The surveys 

requested information regarding the use 

of solid waste incinerators at schools the 

entities represent or are associated with. 

All responses, with one exception, 

indicate that incinerators are not being 

used by the respondents. The one 

exception regards an institution that 

owns/operates pathological waste 

incinerators, which are excluded from 

regulation under the subparts. 

V. Impacts of the Final Rules 

A. What are the impacts for new units? 

As stated in the preamble to the 

proposed rules, information provided to 

EPA indicates that no or negative 

growth has been the trend for OSWI 

units for the past several years. The 

information indicates that this trend is 

expected to continue even in the 

absence of a regulation. Furthermore, as 

our experience with other CAA section 

129 regulations has shown, sources will 

likely respond to the final rules by 

choosing not to construct new waste 

incineration units and will utilize 

alternative waste disposal options rather 

than incur the costs of compliance. The 

only potential new units identified by a 

public commenter were a type of unit 

that, as described by the commenter, 

would be an industrial unit rather than 

an OSWI unit or would qualify for the 

exclusion for units in isolated areas of 

Alaska. 

Considering this information, EPA 

does not anticipate the construction of 

any new OSWI units that would be 

required to meet the emission limits. 

Therefore, EPA expects no impacts of 

the final NSPS for new units. However, 

for the sake of demonstrating that 

emissions reductions would result from 

the NSPS in the unlikely event that a 

new unit is constructed, EPA presented 

the expected emissions reductions for 

four OSWI model plants in the preamble 

to the proposed rules (69 FR 71490, 

December 9, 2004). 

Since proposal, the emission limits 

for CO and HCl have been revised in 

response to comments, which result in 

different estimated emissions reductions 

than those that were shown at proposal. 

The expected emissions reductions for 

four OSWI model plants have been 

recalculated and are shown in table 3 of 

this preamble. There were no changes to 

the estimated cost, water, solid waste, 

and energy impacts on new OSWI units 

since proposal. 

TABLE 3.—EMISSIONS REDUCTIONS ON A MODEL PLANT BASIS

Pollutant 

Emission reduction for OSWI model plants tons per year 

(tpy) 

1 tpd 

capacity 

5 tpd 

capacity 

15 tpd 

capacity 

30 tpd 

capacity 

Cd .............................................................................................................................. 3.8 × 10¥4 1.9 × 10¥3 5.6 × 10¥3 1.1 × 10¥2

CO ............................................................................................................................. 1.5 × 10¥2 7.5 × 10¥2 0.22 0.45 

Dioxins/furans ............................................................................................................ 3.5 × 10¥7 1.7 × 10¥6 5.1 × 10¥6 1.0 × 10¥5

HCl ............................................................................................................................. 0.97 4.7 14 28 

Pb .............................................................................................................................. 5.4 × 10¥3 2.6 × 10¥2 7.8 × 10¥2 0.16 

Hg .............................................................................................................................. 5.6 × 10¥4 2.7 × 10¥3 8.2 × 10¥3 1.6 × 10¥2

NOX ........................................................................................................................... 0.28 1.4 4.1 8.2 

PM ............................................................................................................................. 0.26 1.3 3.8 7.7 

SO2 ............................................................................................................................ 0.69 3.4 10 20 

Total .................................................................................................................... 2.2 11 33 65 

B. What are the impacts for existing 

units? 

Information provided to EPA 

indicates that many existing OSWI units 

have closed in recent years. In fact, 

since proposal we have learned that at 

least one-third of the existing OSWI 

units in our inventory are no longer 

operating. As we stated at proposal, this 

trend is expected to continue even in 

the absence of a regulation. 

Furthermore, as our experience with 

other CAA section 129 regulations has 

shown, sources will likely respond to 

the final OSWI rules by choosing to shut 

down existing waste incineration units 

and will utilize alternative waste 

disposal options rather than incur the 

costs of compliance. 

EPA’s objective is not to encourage 

the use of alternatives or to discourage 

continued use of VSMWC units or IWI 

units; rather EPA’s objective is to adopt 

emission guidelines for existing OSWI 

units that fulfill the requirements of 

CAA section 129. In doing so, the 

primary outcome associated with 

adoption of these emission guidelines is 

projected to be an increase in the use of 

alternative waste disposal and a 

decrease in the use of VSMWC units 

and IWI units. Consequently, EPA 

acknowledges and incorporates this 

outcome into the analyses of cost, 

environmental, and energy impacts 

associated with the emission guidelines, 

as discussed in the preamble to the 

proposed rules (69 FR 71490, December 

9, 2004). 

To account for the existing OSWI unit 

closure information (123 facilities 

indicated after proposal that they no 

longer own or operate an OSWI unit), 

we have reanalyzed the national 

emissions, cost, energy, and solid waste 

impacts presented in the preamble to 

the proposed rules. 

1. What are the changes to the air 

impacts since proposal? 

As discussed earlier, emission limit 

values for CO and HCl have been 

revised since proposal due to public 

comments. EPA then revised emission 

reduction estimates for each model unit, 

which are presented in table 3 of this 

preamble. Furthermore, as discussed 

above, EPA has learned since proposal 

that 123 of the existing OSWI units in 

our inventory at proposal were already 

closed. Both of these changes affected 

the estimated national emissions 

reductions presented in table 8 of the 

preamble to the proposed rules (69 FR 

71491, December 9, 2004). Therefore, 

these emission reduction estimates were 

recalculated and are presented in table 

4 of this preamble. As shown, total 

emissions reductions would be over 

1,900 tpy if all the remaining existing 

units in the OSWI inventory complied 

with the emission guidelines by adding 

controls. 

74888 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

TABLE 4.—NATIONAL EMISSIONS REDUCTIONS IF ALL EXISTING OSWI UNITS COMPLY WITH THE EMISSION GUIDELINES

Pollutant 

Emission reduction (tpy) 

VSMWC IWI Total 

Cd ........................................................................................................................................................ 6.1 × 10 –2 0.27 0.33 

CO ....................................................................................................................................................... 2.4 11 13 

Dioxins/furans ..................................................................................................................................... 5.6 × 10 –5 2.5 × 10 –4 3.0 × 10 –4

HCl ...................................................................................................................................................... 154 684 837 

Pb ........................................................................................................................................................ 0.85 3.8 4.6 

Hg ........................................................................................................................................................ 8.9 × 10 –2 0.40 0.49 

NOX ..................................................................................................................................................... 45 199 245 

PM ....................................................................................................................................................... 42 185 227 

SO2 ...................................................................................................................................................... 110 488 598 

Total ............................................................................................................................................. 353 1,572 1,925 

However, as we stated in the 

preamble to the proposed rules, EPA 

anticipates that most existing OSWI 

units will elect to shut down and utilize 

alternative waste disposal options (e.g., 

send waste to a landfill or a large or 

small MWC unit). If the remaining 

existing OSWI units closed and the 

waste was sent to a landfill, the 

anticipated emissions reductions would 

be over 400 tpy for VSMWC units and 

over 1,800 tpy for IWI units, which 

totals over 2,200 tpy for all OSWI units. 

These reductions occur despite a slight 

increase in landfill emissions due to the 

additional waste being landfilled rather 

than incinerated. By using EPA’s 

Landfill Gas Emission Model 

(LandGEM), we calculated an increase 

of 27 tpy of emissions of the regulated 

pollutants would occur from landfills if 

all OSWI units closed and the waste was 

sent to landfills. However, as stated 

above, this results in net emissions 

reductions of 2,200 tpy from closure of 

all OSWI units. 

2. What are the changes to the water and 

solid waste impacts since proposal? 

At proposal, EPA estimated that the 

water impacts of the OSWI rule would 

be negligible. We have not changed this 

assessment of water impacts. At 

proposal, we estimated that the national 

OSWI population is used to dispose of 

approximately 85,000 tpy of solid waste. 

As mentioned before, we anticipate that 

most, if not all, OSWI units will shut 

down and the waste will be disposed of 

in alternative ways. At the time, we 

concluded that the amount of additional 

waste that would be sent to landfills due 

to adoption of the emission guidelines 

is insignificant. Due to the information 

we have received on OSWI unit closures 

since proposal, we have revised our 

estimate to approximately 60,000 tpy of 

waste being disposed of in OSWI units. 

This revision results in even less 

potential solid waste being diverted to 

landfills and large or small MWC units 

due to promulgation of the emission 

guidelines. For perspective, over 100 

million tpy of municipal waste is 

disposed of in landfills. Therefore, we 

continue to maintain that the amount of 

additional waste that will be sent to 

landfills is insignificant. 

3. What are the changes to the energy 

impacts since proposal? 

At proposal, we concluded that the 

energy impacts would be negligible 

since we anticipated that most units 

would shut down rather than install and 

operate wet scrubbers. Since proposal, 

our inventory of existing OSWI units 

has decreased. Therefore, our 

assessment of negligible energy impacts 

at proposal remains unchanged. 

4. What are the changes to the cost and 

economic impacts since proposal? 

At proposal, EPA’s analysis showed 

that the national total costs for all 

existing OSWI units to comply with the 

emission guidelines would be 

approximately $63 million a year. As 

discussed previously, we have learned 

that 123 of the existing OSWI units in 

our inventory at proposal are 

permanently shut down. The revised 

national total cost for the remaining 

existing OSWI units to comply with the 

emission guidelines is approximately 

$42 million. 

The remainder of our cost and 

economic impact discussion in the 

preamble to the proposed rules (69 FR 

71491, December 9, 2004), however, is 

unaffected by the revised national cost 

estimate, and remains valid for the final 

emission guidelines. As previously 

stated in this preamble, as well as in the 

preamble to the proposed rules, the cost 

of landfilling is less than the cost of 

incineration for most, if not all, OSWI 

units. Since there is a chance some 

potentially affected sources will obtain 

exemptions, we expect most of the 

affected VSMWC units and IWI units 

will close and utilize an economical 

alternative waste disposal method. 

Consequently, the net effect of the final 

emission guidelines will be a net 

decrease in costs to the universe of 

affected sources. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), EPA must 

determine whether the regulatory action 

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

review by OMB 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, OMB has notified EPA 

that it considers the final rules a 

‘‘significant regulatory action’’ within 

the meaning of the Executive Order. 

Consequently, the final rules were 

submitted to OMB for review. Changes 

made in response to OMB suggestions or 

recommendations are documented in 

the public record. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74889 

B. Paperwork Reduction Act 

The information collection 

requirements in the final rules have 

been submitted for approval to OMB 

under the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. The Information 

Collection Request (ICR) documents 

have been prepared by EPA (ICR No. 

2163.02 for subpart EEEE and 2164.02 

for subpart FFFF), and copies may be 

obtained from Susan Auby by mail at 

the Collection Strategies Division, EPA 

(2822), 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460, by e-mail 

at auby.susan@epa.gov, or by calling 

(202) 566–1672. A copy may also be 

downloaded off the Internet at http:// 

www.epa.gov/icr. The information 

collection requirements are not 

enforceable until OMB approves them. 

The final rules contain monitoring, 

reporting, and recordkeeping 

requirements. The information will be 

used by EPA to identify any new, 

modified, or reconstructed incineration 

units subject to the NSPS and to ensure 

that any new incineration units undergo 

a siting analysis and comply with the 

emission limits and other requirements. 

Similarly, the information specified in 

the emission guidelines will be used by 

States or EPA to identify existing units 

subject to the State or Federal plans that 

implement the emission guidelines, and 

to ensure that these units comply with 

their emission limits and other 

requirements. Records and reports are 

necessary to enable EPA or States to 

identify waste incineration units that 

may not be in compliance with the 

requirements. Based on reported 

information, EPA will decide which 

units and what records or processes 

should be inspected. 

These recordkeeping and reporting 

requirements are specifically authorized 

by CAA section 114 (42 U.S.C. 7414). 

All information submitted to 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. 

EPA estimates that there is no burden 

for the first 3 years after promulgation 

of the NSPS for industry and the 

implementing agency. This is because 

EPA expects no new OSWI units to be 

constructed over this 3-year period. 

The estimated average annual burden 

for the first 3 years after promulgation 

of the emission guidelines for industry 

and the implementing agency is 

outlined below. 

Affected entity Average 

annual hours Labor costs Capital costs O&M costs Total annual costs 

Industry ................................................................................ 3,818 $175,408 $0 $0 $174,703 

Implementing agency ........................................................... 383 17,611 0 0 17,611 

EPA expects the emission guidelines 

to affect a maximum of 248 OSWI units 

over the first 3 years. There are no 

capital, start-up, or operation and 

maintenance costs for existing units 

during the first 3 years, because 

compliance with the emission 

guidelines is not required until 5 years 

after promulgation of the emission 

guidelines (or 3 years after the effective 

date of approval of a State or Federal 

plan to implement the guidelines). Costs 

in the first 3 years include time to 

review the guidelines and the State or 

Federal plan. The implementing agency 

will not incur any capital or start-up 

costs. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or 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 in 40 

CFR are listed in 40 CFR part 9 and 48 

CFR chapter 15. When the ICRs are 

approved by OMB, EPA will publish a 

technical amendment to 40 CFR part 9 

in the Federal Register to display the 

OMB control numbers for the approved 

information collection requirements 

contained in the final rules. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency 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. EPA has determined that 

it is not necessary to prepare a 

regulatory flexibility analysis in 

connection with the final rules. 

For purposes of assessing the impacts 

of the final rules on small entities, small 

entity is defined as follows: 

1. A small business that is an ultimate 

parent entity in the regulated industry 

that has a gross annual revenue less 

than $6.0 million (this varies by 

industry category, ranging up to $10.5 

million for North American Industrial 

Classification System (NAICS) code 

562213 (VSMWC)), based on Small 

Business Administration’s size 

standards; 

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 the final rules on small 

entities, EPA has concluded that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. The economic 

impacts on small entities will not be 

significant because the cost of the final 

rules is expected to range from 

negligible to actual cost savings. EPA 

expects that the majority of these 

entities may realize a cost savings under 

the likely response to the final rules 

(closure and using alternative waste 

disposal method). 

Alternative waste disposal methods, 

such as landfilling, are available for 

OSWI units. Our analysis using model 

plants and a supplemental analysis 

using site specific data both support the 

idea that the annual cost to landfill 

waste is typically less than the annual 

cost of using an OSWI unit for waste 

disposal. Thus, the likely response to 

the final rules will be for small entities 

that own and operate OSWI units to 

close the units and use an alternative 

74890 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

waste disposal method. More detailed 

information about these analyses is 

available in the docket (see Revised 

Economic Analysis for Other Solid 

Waste Incineration (OSWI) Units, 

November 2005; and Impacts of Other 

Solid Waste Incinerator Rule on 

Affected Small Entities, November 

2005). 

The Small Business Administration’s 

Office of Advocacy (SBA) expressed 

concerns that EPA’s certification that 

the proposed standards and guidelines 

would not have a significant economic 

impact on a substantial number of small 

entities is not based on an adequate 

analysis of IWI units operated by small 

entities. In response to SBA’s public 

comment, we conducted further 

detailed analyses (as summarized in this 

preamble and available in the docket) 

and sent small entity outreach surveys 

requesting information regarding the use 

of solid waste incinerators at schools to 

eight entities (identified by SBA) 

associated with schools. All responses 

from the small entity outreach survey, 

with one exception, indicate that 

incinerators are not being used by the 

respondents. The one exception regards 

an institution that owns/operates 

pathological waste incinerators, which 

are excluded from regulation under the 

standards and guidelines. 

Although the final rules will not have 

a significant economic impact on a 

substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of the rules on small entities. 

The final rules provide various 

exclusions for some sources that may 

find it unreasonably costly to comply 

with the rules or utilize alternative 

disposal options. These exclusions 

should provide relief for many small 

entities for which a reasonable disposal 

alternative is unavailable. 

In addition, to ensure that affected 

sources were aware of the proposed 

rules, EPA sent fact sheets to 361 

existing OSWI units in our inventory 

and an additional 125 fact sheets to 

trade organizations and interest groups 

that represented potential OSWI unit 

owners/operators. The fact sheets 

explained the proposed regulations, the 

anticipated costs and impacts to their 

facilities, and how they could submit 

comments. None of the facilities or 

interest groups submitted comments on 

the proposed OSWI rules or on the cost 

or other impacts EPA anticipated due to 

the rulemaking and, in fact, about onethird of the 361 facilities informed us 

that they no longer own or operate an 

incineration unit. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995, Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and 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 by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more in any 1 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 cost-effective, 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 EPA 

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, EPA 

must develop a small government 

agency plan under section 203 of the 

UMRA. 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’s regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

EPA has determined that the final 

rules do not contain a Federal mandate 

that may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any 1 year. The 

total annual cost, in any 1 year, for all 

OSWI units to comply with today’s final 

rules is estimated at $42 million. 

However, as previously stated in this 

preamble, most OSWI units are 

expected to close and utilize an 

economical alternative waste disposal 

method rather than complying with the 

final rules. Therefore, the cost impacts 

are expected to be negligible. Thus, the 

final rules are not subject to the 

requirements of section 202 and 205 of 

the UMRA. In addition, EPA has 

determined that the final rules contain 

no regulatory requirements that might 

significantly or uniquely affect small 

governments because the burden is 

small and the regulations do not 

unfairly apply to small governments. 

Therefore, the final rules are not subject 

to the requirements of section 203 of the 

UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (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.’’

The final rules do not have federalism 

implications. They 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 final rules 

will not impose substantial direct 

compliance costs on State or local 

governments, and will not preempt 

State law. Thus, Executive Order 13132 

does not apply to the final rules. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, (65 FR 67249, 

November 9, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ ‘‘Policies that have Tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’

The final rules do not have Tribal 

implications, as specified in Executive 

Order 13175. They will not have 

substantial direct effects on Tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to the final rules. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74891 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045 (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 EPA considered. 

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. The final rules are not 

subject to Executive Order 13045 

because they are based on technology 

performance and not on health and 

safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) requires agencies to 

prepare and submit to the Administrator 

of the Office of Information and 

Regulatory Affairs, OMB, a Statement of 

Energy Effects for certain actions 

identified as ‘‘significant energy 

actions.’’ Section 4(b) of Executive 

Order 13211 defines ‘‘significant energy 

actions’’ as ‘‘any action by an agency 

(normally published in the Federal 

Register) that promulgates or is 

expected to lead to the promulgation of 

a final rule or regulation, including 

notices of inquiry, advance notices of 

proposed rulemaking, and notices of 

proposed rulemaking: (1)(i) That is a 

significant regulatory action under 

Executive Order 12866 or any successor 

order, and (ii) is likely to have a 

significant adverse on the supply, 

distribution, or use of energy; or (2) that 

is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs as a significant energy action 

* * *.’’ Although the final rules are 

considered to be a significant regulatory 

action under Executive Order 12866, 

they are not a ‘‘significant energy 

action’’ because they are not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

The basis for the determination follows. 

EPA expects that few, if any, OSWI 

facilities will elect to continue to 

operate OSWI units, and that most 

facilities will respond to the final rules 

by closing existing OSWI units and 

using alternative waste disposal 

techniques. This response is likely 

because the annual cost of landfilling, 

an alternative waste disposal method, is 

typically less expensive than the annual 

cost of using an OSWI unit for waste 

disposal. In the few cases where an 

OSWI facility elects to comply with the 

final rules by installing a wet scrubber, 

the operation of the scrubber will result 

in a small increase in power 

consumption. However, due to the small 

size of these units (and the likelihood 

that very few of them will continue to 

operate), the energy impacts will be 

negligible. 

Given the negligible change in energy 

consumption resulting from the final 

rules, EPA does not expect any price 

increase for any energy type. The cost of 

energy distribution should not be 

affected by the final rules at all since the 

final rules do not affect energy 

distribution facilities. EPA also expects 

that there would be no impact on the 

import of foreign energy supplies, and 

EPA does not expect other adverse 

outcomes to occur with regards to 

energy supplies. 

Therefore, EPA concludes that the 

final rules are not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer 

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 OMB, with 

explanations when an agency does not 

use available and applicable voluntary 

consensus standards. 

The final rules involve technical 

standards. EPA cites the following 

standards in the final rules: EPA 

Methods 1, 2, 3A, 3B, 4, 5, 6 or 6C, 7 

or 7A, 7C, 7D, or 7E, 9, 10, 10A or 10B, 

23, 26A, and 29 of 40 CFR part 60, 

appendix A. 

Consistent with the NTTAA, EPA 

conducted searches to identify 

voluntary consensus standards in 

addition to these EPA methods. No 

applicable voluntary consensus 

standards were identified for EPA 

Methods 7D and 9. The search and 

review results have been documented 

and are in the docket for the final rules. 

One voluntary consensus standard was 

identified as an acceptable alternative to 

EPA test methods for the purposes of 

the final rules. The voluntary consensus 

standard ASME PTC 19–10–1981—Part 

10, ‘‘Flue and Exhaust Gas Analyses,’’ is 

cited in the final rules for its manual 

methods for measuring the nitrogen 

oxide, oxygen, and sulfur dioxide 

content of exhaust gas. These parts of 

ASME PTC 19–10–1981—Part 10 are 

acceptable alternatives to Methods 3B, 

6, 7, and 7C. 

The search for emissions 

measurement procedures identified 26 

voluntary consensus standards 

potentially applicable to the final rules. 

EPA determined that 24 of the 26 

candidate standards identified for 

measuring emissions of Cd, CO, 

dioxins/furans, HCl, Hg, Pb, PM, NOX, 

and SO2 subject to the emission limits 

were impractical alternatives to EPA test 

methods for the purposes of the final 

rules. Therefore, EPA does not intend to 

adopt the standards for this purpose. 

(See Docket ID No. EPA–HQ–OAR–

2003–0156 for further information on 

the methods.) Two of the 26 voluntary 

consensus standards identified in this 

search were not available at the time the 

review was conducted because they are 

under development by a voluntary 

consensus body: ASME/BSR MFC 13M, 

‘‘Flow Measurement by Velocity 

Traverse,’’ for EPA Method 2 (and 

possibly 1); and ASME/BSR MFC 12M, 

‘‘Flow in Closed Conduits Using 

Multiport Averaging Pitot Primary 

Flowmeters,’’ for EPA Method 2. 

Tables 1 and 3 to subpart EEEE of 40 

CFR part 60 and tables 2 and 4 to 

subpart FFFF of 40 CFR part 60 list the 

EPA testing methods included in the 

final rules. Under 40 CFR 60.8(b) and 

60.13(i) of subpart A (General 

Provisions), a source may apply to EPA 

for permission to use alternative test 

methods or alternative monitoring 

requirements in place of any of the EPA 

testing methods, performance 

specifications, or procedures. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

74892 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

of the United States. EPA will submit a 

report containing the final rules and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the final rules in the 

Federal Register. The final rules are not 

‘‘major rules’’ as defined by 5 U.S.C. 

804(2). The final NSPS will be effective 

on June 16, 2006. The final emission 

guidelines are effective on February 14, 

2006. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: November 30, 2005. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, of the Code of Federal 

Regulations is amended as follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 2. Section 60.17 is amended by 

revising paragraph (h) introductory text 

and adding paragraph (h)(4) to read as 

follows: 

§ 60.17 Incorporation by Reference. 

* * * * * 

(h) The following material is available 

for purchase from the American Society 

of Mechanical Engineers (ASME), Three 

Park Avenue, New York, NY 10016–

5990. 

* * * * * 

(4) ANSI/ASME PTC 19.10–1981, 

Flue and Exhaust Gas Analyses [Part 10, 

Instruments and Apparatus], IBR 

approved for Tables 1 and 3 of subpart 

EEEE, and Tables 2 and 4 of subpart 

FFFF of this part. 

* * * * * 

■ 3. Part 60 is amended by adding 

subpart EEEE to read as follows: 

Subpart EEEE—Standards of Performance 

for Other Solid Waste Incineration Units for 

Which Construction Is Commenced After 

December 9, 2004, or for Which 

Modification or Reconstruction Is 

Commenced on or After June 16, 2006. 

Introduction 

Sec. 

60.2880 What does this subpart do? 

60.2881 When does this subpart become 

effective? 

Applicability 

60.2885 Does this subpart apply to my 

incineration unit? 

60.2886 What is a new incineration unit? 

60.2887 What combustion units are 

excluded from this subpart? 

60.2888 Are air curtain incinerators 

regulated under this subpart? 

60.2889 Who implements and enforces this 

subpart? 

60.2890 How are these new source 

performance standards structured? 

60.2891 Do all components of these new 

source performance standards apply at 

the same time? 

Preconstruction Siting Analysis 

60.2894 Who must prepare a siting 

analysis? 

60.2895 What is a siting analysis? 

Waste Management Plan 

60.2899 What is a waste management plan? 

60.2900 When must I submit my waste 

management plan? 

60.2901 What should I include in my waste 

management plan? 

Operator Training and Qualification 

60.2905 What are the operator training and 

qualification requirements? 

60.2906 When must the operator training 

course be completed? 

60.2907 How do I obtain my operator 

qualification? 

60.2908 How do I maintain my operator 

qualification? 

60.2909 How do I renew my lapsed 

operator qualification? 

60.2910 What site-specific documentation 

is required? 

60.2911 What if all the qualified operators 

are temporarily not accessible? 

Emission Limitations and Operating Limits 

60.2915 What emission limitations must I 

meet and by when? 

60.2916 What operating limits must I meet 

and by when? 

60.2917 What if I do not use a wet scrubber 

to comply with the emission limitations? 

60.2918 What happens during periods of 

startup, shutdown, and malfunction? 

Performance Testing 

60.2922 How do I conduct the initial and 

annual performance test? 

60.2923 How are the performance test data 

used? 

Initial Compliance Requirements 

60.2927 How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

60.2928 By what date must I conduct the 

initial performance test? 

Continuous Compliance Requirements 

60.2932 How do I demonstrate continuous 

compliance with the emission 

limitations and the operating limits? 

60.2933 By what date must I conduct the 

annual performance test? 

60.2934 May I conduct performance testing 

less often? 

60.2935 May I conduct a repeat 

performance test to establish new 

operating limits? 

Monitoring 

60.2939 What continuous emission 

monitoring systems must I install? 

60.2940 How do I make sure my continuous 

emission monitoring systems are 

operating correctly? 

60.2941 What is my schedule for evaluating 

continuous emission monitoring 

systems? 

60.2942 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring 

systems, and is the data collection 

requirement enforceable? 

60.2943 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

60.2944 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I 

monitor? 

60.2945 Is there a minimum amount of 

operating parameter monitoring data I 

must obtain? 

Recordkeeping and Reporting 

60.2949 What records must I keep? 

60.2950 Where and in what format must I 

keep my records? 

60.2951 What reports must I submit? 

60.2952 What must I submit prior to 

commencing construction? 

60.2953 What information must I submit 

prior to initial startup? 

60.2954 What information must I submit 

following my initial performance test? 

60.2955 When must I submit my annual 

report? 

60.2956 What information must I include in 

my annual report? 

60.2957 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.2958 What must I include in the 

deviation report? 

60.2959 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.2960 Are there any other notifications or 

reports that I must submit? 

60.2961 In what form can I submit my 

reports? 

60.2962 Can reporting dates be changed? 

Title V Operating Permits 

60.2966 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

60.2967 When must I submit a title V 

permit application for my new unit? 

Temporary-Use Incinerators and Air Curtain 

Incinerators Used in Disaster Recovery 

60.2969 What are the requirements for 

temporary-use incinerators and air 

curtain incinerators used in disaster 

recovery? 

Air Curtain Incinerators That Burn Only 

Wood Waste, Clean Lumber, and Yard Waste 

60.2970 What is an air curtain incinerator? 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74893 

60.2971 What are the emission limitations 

for air curtain incinerators that burn only 

wood waste, clean lumber, and yard 

waste? 

60.2972 How must I monitor opacity for air 

curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

60.2973 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

60.2974 Am I required to apply for and 

obtain a title V operating permit for my 

air curtain incinerator that burns only 

wood waste, clean lumber, and yard 

waste? 

Equations 

60.2975 What equations must I use? 

Definitions 

60.2977 What definitions must I know? 

Tables to Subpart EEEE of Part 60 

Table 1 to Subpart EEEE of Part 60—

Emission Limitations 

Table 2 to Subpart EEEE of Part 60—

Operating Limits for Incinerators and 

Wet Scrubbers 

Table 3 to Subpart EEEE of Part 60—

Requirements for Continuous Emission 

Monitoring Systems (CEMS) 

Table 4 to Subpart EEEE of Part 60—

Summary of Reporting Requirements 

Subpart EEEE—Standards of 

Performance for Other Solid Waste 

Incineration Units for Which 

Construction is Commenced After 

December 9, 2004, or for Which 

Modification or Reconstruction is 

Commenced on or After June 16, 2006. 

Introduction 

§ 60.2880 What does this subpart do? 

This subpart establishes new source 

performance standards for other solid 

waste incineration (OSWI) units. Other 

solid waste incineration units are very 

small municipal waste combustion units 

and institutional waste incineration 

units. 

§ 60.2881 When does this subpart become 

effective? 

This subpart takes effect June 16, 

2006. Some of the requirements in this 

subpart apply to planning the 

incineration unit and must be 

completed even before construction is 

initiated on the unit (i.e., the 

preconstruction requirements in 

§§ 60.2894 and 60.2895). Other 

requirements such as the emission 

limitations and operating limits apply 

when the unit begins operation. 

Applicability 

§ 60.2885 Does this subpart apply to my 

incineration unit? 

Yes, if your incineration unit meets 

all the requirements specified in 

paragraphs (a) through (c) of this 

section. 

(a) Your incineration unit is a new 

incineration unit as defined in 

§ 60.2886. 

(b) Your incineration unit is an OSWI 

unit as defined in § 60.2977 or an air 

curtain incinerator subject to this 

subpart as described in § 60.2888(b). 

Other solid waste incineration units are 

very small municipal waste combustion 

units and institutional waste 

incineration units as defined in 

§ 60.2977. 

(c) Your incineration unit is not 

excluded under § 60.2887. 

§ 60.2886 What is a new incineration unit? 

(a) A new incineration unit is an 

incineration unit subject to this subpart 

that meets either of the two criteria 

specified in paragraphs (a)(1) or (2) of 

this section. 

(1) Commenced construction after 

December 9, 2004. 

(2) Commenced reconstruction or 

modification on or after June 16, 2006. 

(b) This subpart does not affect your 

incineration unit if you make physical 

or operational changes to your 

incineration unit primarily to comply 

with the emission guidelines in subpart 

FFFF of this part. Such changes do not 

qualify as reconstruction or 

modification under this subpart. 

§ 60.2887 What combustion units are 

excluded from this subpart? 

This subpart excludes the types of 

units described in paragraphs (a) 

through (q) of this section, as long as 

you meet the requirements of this 

section. 

(a) Cement kilns. Your unit is 

excluded if it is regulated under subpart 

LLL of part 63 of this chapter (National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry). 

(b) Co-fired combustors. Your unit, 

that would otherwise be considered a 

very small municipal waste combustion 

unit, is excluded if it meets the five 

requirements specified in paragraphs 

(b)(1) through (5) of this section. 

(1) The unit has a Federally 

enforceable permit limiting the 

combustion of municipal solid waste to 

30 percent of the total fuel input by 

weight. 

(2) You notify the Administrator that 

the unit qualifies for the exclusion. 

(3) You provide the Administrator 

with a copy of the Federally enforceable 

permit. 

(4) You record the weights, each 

calendar quarter, of municipal solid 

waste and of all other fuels combusted. 

(5) You keep each report for 5 years. 

These records must be kept on site for 

at least 2 years. You may keep the 

records off site for the remaining 3 

years. 

(c) Cogeneration facilities. Your unit 

is excluded if it meets the three 

requirements specified in paragraphs 

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

(1) The unit qualifies as a 

cogeneration facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity and steam or 

other forms of energy used for 

industrial, commercial, heating, or 

cooling purposes. 

(3) You notify the Administrator that 

the unit meets all of these criteria. 

(d) Commercial and industrial solid 

waste incineration units. Your unit is 

excluded if it is regulated under 

subparts CCCC or DDDD of this part and 

is required to meet the emission 

limitations established in those 

subparts. 

(e) Hazardous waste combustion 

units. Your unit is excluded if it meets 

either of the two criteria specified in 

paragraph (e)(1) or (2) of this section. 

(1) You are required to get a permit for 

your unit under section 3005 of the 

Solid Waste Disposal Act. 

(2) Your unit is regulated under 40 

CFR part 63, subpart EEE (National 

Emission Standards for Hazardous Air 

Pollutants from Hazardous Waste 

Combustors). 

(f) Hospital/medical/infectious waste 

incinerators. Your unit is excluded if it 

is regulated under subparts Ce or Ec of 

this part (New Source Performance 

Standards and Emission Guidelines for 

Hospital/Medical/Infectious Waste 

Incinerators). 

(g) Incinerators and air curtain 

incinerators in isolated areas of Alaska. 

Your incineration unit is excluded if it 

is used at a solid waste disposal site in 

Alaska that is classified as a Class II or 

Class III municipal solid waste landfill, 

as defined in § 60.2977. 

(h) Rural institutional waste 

incinerators. Your incineration unit is 

excluded if it is an institutional waste 

incineration unit, as defined in 

§ 60.2977, and the application for 

exclusion described in paragraphs (h)(1) 

and (2) of this section has been 

approved by the Administrator. 

(1) Prior to initial startup, an 

application and supporting 

documentation demonstrating that the 

institutional waste incineration unit 

meets the two requirements specified in 

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

section must be submitted to and 

approved by the Administrator. 

74894 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

(i) The unit is located more than 50 

miles from the boundary of the nearest 

Metropolitan Statistical Area, 

(ii) Alternative disposal options are 

not available or are economically 

infeasible. 

(2) The application described in 

paragraph (h)(1) of this section must be 

revised and resubmitted to the 

Administrator for approval every 5 years 

following the initial approval of the 

exclusion for your unit. 

(3) If you re-applied for an exclusion 

pursuant to paragraph (h)(2) of this 

section and were denied exclusion by 

the Administrator, you have 3 years 

from the expiration date of the current 

exclusion to comply with the emission 

limits and all other applicable 

requirements of this subpart. 

(i) Institutional boilers and process 

heaters. Your unit is excluded if it is 

regulated under 40 CFR part 63, subpart 

DDDDD (National Emission Standards 

for Hazardous Air Pollutants for 

Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters). 

(j) Laboratory Analysis Units. Your 

unit is excluded if it burns samples of 

materials only for the purpose of 

chemical or physical analysis. 

(k) Materials recovery units. Your unit 

is excluded if it combusts waste for the 

primary purpose of recovering metals. 

Examples include primary and 

secondary smelters. 

(l) Pathological waste incineration 

units. Your institutional waste 

incineration unit or very small 

municipal waste combustion unit is 

excluded from this subpart if it burns 90 

percent or more by weight (on a 

calendar quarter basis and excluding the 

weight of auxiliary fuel and combustion 

air) of pathological waste, low-level 

radioactive waste, and/or 

chemotherapeutic waste as defined in 

§ 60.2977 and you notify the 

Administrator that the unit meets these 

criteria. 

(m) Small or large municipal waste 

combustion units. Your unit is excluded 

if it is regulated under subparts AAAA, 

BBBB, Ea, Eb, or Cb, of this part and is 

required to meet the emission 

limitations established in those 

subparts. 

(n) Small power production facilities. 

Your unit is excluded if it meets the 

three requirements specified in 

paragraphs (n)(1) through (3) of this 

section. 

(1) The unit qualifies as a small 

power-production facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity. 

(3) You notify the Administrator that 

the unit meets all of these criteria. 

(o) Temporary-use incinerators and 

air curtain incinerators used in disaster 

recovery. Your incineration unit is 

excluded if it is used on a temporary 

basis to combust debris from a disaster 

or emergency such as a tornado, 

hurricane, flood, ice storm, high winds, 

or act of bioterrorism and you comply 

with the requirements in § 60.2969. 

(p) Units that combust contraband or 

prohibited goods. Your incineration unit 

is excluded if the unit is owned or 

operated by a government agency such 

as police, customs, agricultural 

inspection, or a similar agency to 

destroy only illegal or prohibited goods 

such as illegal drugs, or agricultural 

food products that can not be 

transported into the country or across 

State lines to prevent biocontamination. 

The exclusion does not apply to items 

either confiscated or incinerated by 

private, industrial, or commercial 

entities. 

(q) Incinerators used for national 

security. Your incineration unit is 

excluded if it meets the requirements 

specified in either (q)(1) or (2) of this 

section. 

(1) The incineration unit is used 

solely during military training field 

exercises to destroy national security 

materials integral to the field exercises. 

(2) The incineration unit is used 

solely to incinerate national security 

materials, its use is necessary to 

safeguard national security, you follow 

the exclusion request requirements in 

paragraphs (q)(2)(i) and (ii) of this 

section, and the Administrator has 

approved your request for exclusion. 

(i) The request for exclusion and 

supporting documentation must 

demonstrate both that the incineration 

unit is used solely to destroy national 

security materials and that a reliable 

alternative to incineration that ensures 

acceptable destruction of national 

security materials is unavailable, on 

either a permanent or temporary basis. 

(ii) The request for exclusion must be 

submitted to and approved by the 

Administrator prior to initial startup. 

§ 60.2888 Are air curtain incinerators 

regulated under this subpart? 

(a) Air curtain incinerators that burn 

less than 35 tons per day of municipal 

solid waste or air curtain incinerators 

located at institutional facilities burning 

any amount of institutional waste 

generated at that facility are subject to 

all requirements of this subpart, 

including the emission limitations 

specified in Table 1 of this subpart. 

(b) Air curtain incinerators that burn 

only less than 35 tons per day of the 

materials listed in paragraphs (b)(1) 

through (4) of this section collected 

from the general public and from 

residential, commercial, institutional, 

and industrial sources; or, air curtain 

incinerators located at institutional 

facilities that burn only the materials 

listed in paragraphs (b)(1) through (4) of 

this section generated at that facility, are 

required to meet only the requirements 

in §§ 60.2970 through 60.2974 and are 

exempt from all other requirements of 

this subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

§ 60.2889 Who implements and enforces 

this subpart? 

(a) This subpart can be implemented 

and enforced by the U.S. Environmental 

Protection Agency (EPA), or a delegated 

authority such as your State, local, or 

tribal agency. If EPA has delegated 

authority to your State, local, or tribal 

agency, then that agency (as well as 

EPA) has the authority to implement 

and enforce this subpart. You should 

contact your EPA Regional Office to find 

out if this subpart is delegated to your 

State, local, or tribal agency. 

(b) In delegating implementation and 

enforcement authority of this subpart to 

a State, local, or tribal agency, the 

authorities contained in paragraphs 

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

retained by EPA and are not transferred 

to the State, local, or tribal agency. 

(1) Approval of alternatives to the 

emission limitations in Table 1 of this 

subpart and operating limits established 

under § 60.2916 and Table 2 of this 

subpart. 

(2) Approval of petitions for specific 

operating limits in § 60.2917. 

(3) Approval of major alternatives to 

test methods. 

(4) Approval of major alternatives to 

monitoring. 

(5) Approval of major alternatives to 

recordkeeping and reporting. 

(6) The status report requirements in 

§ 60.2911(c)(2). 

§ 60.2890 How are these new source 

performance standards structured? 

These new source performance 

standards contain nine major 

components, as follows: 

(a) Preconstruction siting analysis. 

(b) Waste management plan. 

(c) Operator training and 

qualification. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74895 

(d) Emission limitations and operating 

limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance 

requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

§ 60.2891 Do all components of these new 

source performance standards apply at the 

same time? 

No, you must meet the 

preconstruction siting analysis and 

waste management plan requirements 

before you commence construction, 

reconstruction, or modification of the 

OSWI unit. The operator training and 

qualification, emission limitations, 

operating limits, performance testing 

and compliance, monitoring, and most 

recordkeeping and reporting 

requirements are met after the OSWI 

unit begins operation. 

Preconstruction Siting Analysis 

§ 60.2894 Who must prepare a siting 

analysis? 

(a) You must prepare a siting analysis 

if you commence construction, 

reconstruction, or modification of an 

OSWI unit after June 16, 2006. 

(b) If you commence construction, 

reconstruction, or modification of an 

OSWI unit after December 9, 2004, but 

before June 16, 2006, you are not 

required to prepare the siting analysis 

specified in this subpart. 

§ 60.2895 What is a siting analysis? 

(a) The siting analysis must consider 

air pollution control alternatives that 

minimize, on a site-specific basis, to the 

maximum extent practicable, potential 

risks to public health or the 

environment. In considering such 

alternatives, you may consider costs, 

energy impacts, nonair environmental 

impacts, or any other factors related to 

the practicability of the alternatives. 

(b) Analyses of your OSWI unit’s 

impacts that are prepared to comply 

with State, local, or other Federal 

regulatory requirements may be used to 

satisfy the requirements of this section, 

provided they include the consideration 

of air pollution control alternatives 

specified in paragraph (a) of this 

section. 

(c) You must complete and submit the 

siting requirements of this section as 

required under § 60.2952(c) prior to 

commencing construction, 

reconstruction, or modification. 

Waste Management Plan 

§ 60.2899 What is a waste management 

plan? 

A waste management plan is a written 

plan that identifies both the feasibility 

and the methods used to reduce or 

separate certain components of solid 

waste from the waste stream in order to 

reduce or eliminate toxic emissions 

from incinerated waste. 

§ 60.2900 When must I submit my waste 

management plan? 

You must submit a waste management 

plan prior to commencing construction, 

reconstruction, or modification. 

§ 60.2901 What should I include in my 

waste management plan? 

A waste management plan must 

include consideration of the reduction 

or separation of waste-stream elements 

such as paper, cardboard, plastics, glass, 

batteries, or metals; or the use of 

recyclable materials. The plan must 

identify any additional waste 

management measures and implement 

those measures the source considers 

practical and feasible, considering the 

effectiveness of waste management 

measures already in place, the costs of 

additional measures, the emissions 

reductions expected to be achieved, and 

any other environmental or energy 

impacts they might have. 

Operator Training and Qualification 

§ 60.2905 What are the operator training 

and qualification requirements? 

(a) No OSWI unit can be operated 

unless a fully trained and qualified 

OSWI unit operator is accessible, either 

at the facility or can be at the facility 

within 1 hour. The trained and qualified 

OSWI unit operator may operate the 

OSWI unit directly or be the direct 

supervisor of one or more other plant 

personnel who operate the unit. If all 

qualified OSWI unit operators are 

temporarily not accessible, you must 

follow the procedures in § 60.2911. 

(b) Operator training and qualification 

must be obtained through a Stateapproved program or by completing the 

requirements included in paragraph (c) 

of this section. 

(c) Training must be obtained by 

completing an incinerator operator 

training course that includes, at a 

minimum, the three elements described 

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

section. 

(1) Training on the thirteen subjects 

listed in paragraphs (c)(1)(i) through 

(xiii) of this section. 

(i) Environmental concerns, including 

types of emissions. 

(ii) Basic combustion principles, 

including products of combustion. 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, waste 

charging, and shutdown procedures. 

(iv) Combustion controls and 

monitoring. 

(v) Operation of air pollution control 

equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices. 

(vii) Methods to monitor pollutants 

(including monitoring of incinerator and 

control device operating parameters) 

and monitoring equipment calibration 

procedures, where applicable. 

(viii) Actions to correct malfunctions 

or conditions that may lead to 

malfunction. 

(ix) Bottom and fly ash characteristics 

and handling procedures. 

(x) Applicable Federal, State, and 

local regulations, including 

Occupational Safety and Health 

Administration workplace standards. 

(xi) Pollution prevention. 

(xii) Waste management practices. 

(xiii) Recordkeeping requirements. 

(2) An examination designed and 

administered by the instructor. 

(3) Written material covering the 

training course topics that may serve as 

reference material following completion 

of the course. 

§ 60.2906 When must the operator training 

course be completed? 

The operator training course must be 

completed by the latest of the three 

dates specified in paragraphs (a) 

through (c) of this section. 

(a) Six months after your OSWI unit 

startup. 

(b) December 18, 2006. 

(c) The date before an employee 

assumes responsibility for operating the 

OSWI unit or assumes responsibility for 

supervising the operation of the OSWI 

unit. 

§ 60.2907 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 60.2905(c). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 60.2905(c)(2). 

§ 60.2908 How do I maintain my operator 

qualification? 

To maintain qualification, you must 

complete an annual review or refresher 

course covering, at a minimum, the five 

topics described in paragraphs (a) 

through (e) of this section. 

74896 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

(a) Update of regulations. 

(b) Incinerator operation, including 

startup and shutdown procedures, waste 

charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Responses to malfunctions or 

conditions that may lead to 

malfunction. 

(e) Discussion of operating problems 

encountered by attendees. 

§ 60.2909 How do I renew my lapsed 

operator qualification? 

You must renew a lapsed operator 

qualification by one of the two methods 

specified in paragraphs (a) and (b) of 

this section. 

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

you must complete a standard annual 

refresher course described in § 60.2908. 

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

must repeat the initial qualification 

requirements in § 60.2907(a). 

§ 60.2910 What site-specific 

documentation is required? 

(a) Documentation must be available 

at the facility and readily accessible for 

all OSWI unit operators that addresses 

the nine topics described in paragraphs 

(a)(1) through (9) of this section. You 

must maintain this information and the 

training records required by paragraph 

(c) of this section in a manner that they 

can be readily accessed and are suitable 

for inspection upon request. 

(1) Summary of the applicable 

standards under this subpart. 

(2) Procedures for receiving, handling, 

and charging waste. 

(3) Incinerator startup, shutdown, and 

malfunction procedures. 

(4) Procedures for maintaining proper 

combustion air supply levels. 

(5) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(6) Monitoring procedures for 

demonstrating compliance with the 

operating limits established under this 

subpart. 

(7) Reporting and recordkeeping 

procedures. 

(8) The waste management plan 

required under §§ 60.2899 through 

60.2901. 

(9) Procedures for handling ash. 

(b) You must establish a program for 

reviewing the information listed in 

paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the 

information listed in paragraph (a) of 

this section must be conducted by 

December 18, 2006 or prior to an 

employee’s assumption of 

responsibilities for operation of the 

OSWI unit, whichever date is later. 

(2) Subsequent annual reviews of the 

information listed in paragraph (a) of 

this section must be conducted not later 

than 12 months following the previous 

review. 

(c) You must also maintain the 

information specified in paragraphs 

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

(1) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

paragraph (a) of this section as required 

by paragraph (b) of this section, 

including the date of the initial review 

and all subsequent annual reviews. 

(2) Records showing the names of the 

OSWI unit operators who have 

completed the operator training 

requirements under § 60.2905, met the 

criteria for qualification under 

§ 60.2907, and maintained or renewed 

their qualification under § 60.2908 or 

§ 60.2909. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(3) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

§ 60.2911 What if all the qualified 

operators are temporarily not accessible? 

If all qualified operators are 

temporarily not accessible (i.e., not at 

the facility and not able to be at the 

facility within 1 hour), you must meet 

one of the three criteria specified in 

paragraphs (a) through (c) of this 

section, depending on the length of time 

that a qualified operator is not 

accessible. 

(a) When all qualified operators are 

not accessible for 12 hours or less, the 

OSWI unit may be operated by other 

plant personnel familiar with the 

operation of the OSWI unit who have 

completed review of the information 

specified in § 60.2910(a) within the past 

12 months. You do not need to notify 

the Administrator or include this as a 

deviation in your annual report. 

(b) When all qualified operators are 

not accessible for more than 12 hours, 

but less than 2 weeks, the OSWI unit 

may be operated by other plant 

personnel familiar with the operation of 

the OSWI unit who have completed a 

review of the information specified in 

§ 60.2910(a) within the past 12 months. 

However, you must record the period 

when all qualified operators were not 

accessible and include this deviation in 

the annual report as specified under 

§ 60.2956. 

(c) When all qualified operators are 

not accessible for 2 weeks or more, you 

must take the two actions that are 

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

this section. 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

and when you anticipate that a qualified 

operator will be accessible. 

(2) Submit a status report to EPA 

every 4 weeks outlining what you are 

doing to ensure that a qualified operator 

is accessible, stating when you 

anticipate that a qualified operator will 

be accessible and requesting approval 

from EPA to continue operation of the 

OSWI unit. You must submit the first 

status report 4 weeks after you notify 

the Administrator of the deviation 

under paragraph (c)(1) of this section. If 

EPA notifies you that your request to 

continue operation of the OSWI unit is 

disapproved, the OSWI unit may 

continue operation for 90 days, then 

must cease operation. Operation of the 

unit may resume if you meet the two 

requirements in paragraphs (c)(2)(i) and 

(ii) of this section. 

(i) A qualified operator is accessible 

as required under § 60.2905(a). 

(ii) You notify EPA that a qualified 

operator is accessible and that you are 

resuming operation. 

Emission Limitations and Operating 

Limits 

§ 60.2915 What emission limitations must I 

meet and by when? 

You must meet the emission 

limitations specified in Table 1 of this 

subpart 60 days after your OSWI unit 

reaches the charge rate at which it will 

operate, but no later than 180 days after 

its initial startup. 

§ 60.2916 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber to 

comply with the emission limitations, 

you must establish operating limits for 

four operating parameters (as specified 

in Table 2 of this subpart) as described 

in paragraphs (a)(1) through (4) of this 

section during the initial performance 

test. 

(1) Maximum charge rate, calculated 

using one of the two different 

procedures in paragraphs (a)(1)(i) or (ii) 

of this section, as appropriate. 

(i) For continuous and intermittent 

units, maximum charge rate is the 

average charge rate measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(ii) For batch units, maximum charge 

rate is the charge rate measured during 

the most recent performance test 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74897 

demonstrating compliance with all 

applicable emission limitations. 

(2) Minimum pressure drop across the 

wet scrubber, which is calculated as the 

average pressure drop across the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with the particulate matter 

emission limitations; or minimum 

amperage to the wet scrubber, which is 

calculated as the average amperage to 

the wet scrubber measured during the 

most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquor flow 

rate, which is calculated as the average 

liquor flow rate at the inlet to the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with all applicable emission 

limitations. 

(4) Minimum scrubber liquor pH, 

which is calculated as the average liquor 

pH at the inlet to the wet scrubber 

measured during the most recent 

performance test demonstrating 

compliance with the hydrogen chloride 

and sulfur dioxide emission limitations. 

(b) You must meet the operating 

limits established during the initial 

performance test 60 days after your 

OSWI unit reaches the charge rate at 

which it will operate, but no later than 

180 days after its initial startup. 

§ 60.2917 What if I do not use a wet 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber or limit 

emissions in some other manner to 

comply with the emission limitations 

under § 60.2915, you must petition EPA 

for specific operating limits, the values 

of which are to be established during 

the initial performance test and then 

continuously monitored thereafter. You 

must not conduct the initial 

performance test until after the petition 

has been approved by EPA. Your 

petition must include the five items 

listed in paragraphs (a) through (e) of 

this section. 

(a) Identification of the specific 

parameters you propose to use as 

operating limits. 

(b) A discussion of the relationship 

between these parameters and emissions 

of regulated pollutants, identifying how 

emissions of regulated pollutants 

change with changes in these 

parameters, and how limits on these 

parameters will serve to limit emissions 

of regulated pollutants. 

(c) A discussion of how you will 

establish the upper and/or lower values 

for these parameters that will establish 

the operating limits on these 

parameters. 

(d) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

these parameters, as well as the relative 

accuracy and precision of these methods 

and instruments. 

(e) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

§ 60.2918 What happens during periods of 

startup, shutdown, and malfunction? 

The emission limitations and 

operating limits apply at all times 

except during OSWI unit startups, 

shutdowns, or malfunctions. 

Performance Testing 

§ 60.2922 How do I conduct the initial and 

annual performance test? 

(a) All performance tests must consist 

of a minimum of three test runs 

conducted under conditions 

representative of normal operations. 

(b) All performance tests must be 

conducted using the methods in Table 

1 of this subpart. 

(c) All performance tests must be 

conducted using the minimum run 

duration specified in Table 1 of this 

subpart. 

(d) Method 1 of appendix A of this 

part must be used to select the sampling 

location and number of traverse points. 

(e) Method 3A or 3B of appendix A 

of this part must be used for gas 

composition analysis, including 

measurement of oxygen concentration. 

Method 3A or 3B of appendix A of this 

part must be used simultaneously with 

each method. 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using Equation 1 in 

‘‘60.2975. 

(g) Method 26A of appendix A of this 

part must be used for hydrogen chloride 

concentration analysis, with the 

additional requirements specified in 

paragraphs (g)(1) through (3) of this 

section. 

(1) The probe and filter must be 

conditioned prior to sampling using the 

procedure described in paragraphs 

(g)(1)(i) through (iii) of this section. 

(i) Assemble the sampling train(s) and 

conduct a conditioning run by 

collecting between 14 liters per minute 

(0.5 cubic feet per minute) and 30 liters 

per minute (1.0 cubic feet per minute) 

of gas over a one-hour period. Follow 

the sampling procedures outlined in 

section 8.1.5 of Method 26A of 

appendix A of this part. For the 

conditioning run, water can be used as 

the impinger solution. 

(ii) Remove the impingers from the 

sampling train and replace with a fresh 

impinger train for the sampling run, 

leaving the probe and filter (and 

cyclone, if used) in position. Do not 

recover the filter or rinse the probe 

before the first run. Thoroughly rinse 

the impingers used in the 

preconditioning run with deionized 

water and discard these rinses. 

(iii) The probe and filter assembly are 

conditioned by the stack gas and are not 

recovered or cleaned until the end of 

testing. 

(2) For the duration of sampling, a 

temperature around the probe and filter 

(and cyclone, if used) between 120 °C 

(248 °F) and 134 °C (273 °F) must be 

maintained. 

(3) If water droplets are present in the 

sample gas stream, the requirements 

specified in paragraphs (g)(3)(i) and (ii) 

of this section must be met. 

(i) The cyclone described in section 

6.1.4 of Method 26A of appendix A of 

this part must be used. 

(ii) The post-test moisture removal 

procedure described in section 8.1.6 of 

Method 26A of appendix A of this part 

must be used. 

§ 60.2923 How are the performance test 

data used? 

You use results of performance tests 

to demonstrate compliance with the 

emission limitations in Table 1 of this 

subpart. 

Initial Compliance Requirements 

§ 60.2927 How do I demonstrate initial 

compliance with the emission limitations 

and establish the operating limits? 

You must conduct an initial 

performance test, as required under 

§ 60.8, to determine compliance with 

the emission limitations in Table 1 of 

this subpart and to establish operating 

limits using the procedure in § 60.2916 

or § 60.2917. The initial performance 

test must be conducted using the test 

methods listed in Table 1 of this subpart 

and the procedures in § 60.2922. 

§ 60.2928 By what date must I conduct the 

initial performance test? 

The initial performance test must be 

conducted within 60 days after your 

OSWI unit reaches the charge rate at 

which it will operate, but no later than 

180 days after its initial startup. 

Continuous Compliance Requirements 

§ 60.2932 How do I demonstrate 

continuous compliance with the emission 

limitations and the operating limits? 

(a) You must conduct an annual 

performance test for all of the pollutants 

in Table 1 of this subpart for each OSWI 

unit to determine compliance with the 

74898 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

emission limitations. The annual 

performance test must be conducted 

using the test methods listed in Table 1 

of this subpart and the procedures in 

60.2922. 

(b) You must continuously monitor 

carbon monoxide emissions to 

determine compliance with the carbon 

monoxide emissions limitation. Twelvehour rolling average values are used to 

determine compliance. A 12-hour 

rolling average value above the carbon 

monoxide emission limit in Table 1 of 

this subpart constitutes a deviation from 

the emission limitation. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.2916 or established under 

§ 60.2917. Three-hour rolling average 

values are used to determine 

compliance with the operating limits 

unless a different averaging period is 

established under § 60.2917. A 3-hour 

rolling average value (unless a different 

averaging period is established under 

§ 60.2917) above the established 

maximum or below the established 

minimum operating limits constitutes a 

deviation from the established operating 

limits. Operating limits do not apply 

during performance tests. 

§ 60.2933 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests within 12 months 

following the initial performance test. 

Conduct subsequent annual 

performance tests within 12 months 

following the previous one. 

§ 60.2934 May I conduct performance 

testing less often? 

(a) You can test less often for a given 

pollutant if you have test data for at 

least three consecutive annual tests, and 

all performance tests for the pollutant 

over that period show that you comply 

with the emission limitation. In this 

case, you do not have to conduct a 

performance test for that pollutant for 

the next 2 years. You must conduct a 

performance test during the 3rd year 

and no more than 36 months following 

the previous performance test. 

(b) If your OSWI unit continues to 

meet the emission limitation for the 

pollutant, you may choose to conduct 

performance tests for that pollutant 

every 3rd year, but each test must be 

within 36 months of the previous 

performance test. 

(c) If a performance test shows a 

deviation from an emission limitation 

for any pollutant, you must conduct 

annual performance tests for that 

pollutant until three consecutive annual 

performance tests for that pollutant all 

show compliance. 

§ 60.2935 May I conduct a repeat 

performance test to establish new operating 

limits? 

Yes, you may conduct a repeat 

performance test at any time to establish 

new values for the operating limits. The 

Administrator may request a repeat 

performance test at any time. 

Monitoring 

§ 60.2939 What continuous emission 

monitoring systems must I install? 

(a) You must install, calibrate, 

maintain, and operate continuous 

emission monitoring systems for carbon 

monoxide and for oxygen. You must 

monitor the oxygen concentration at 

each location where you monitor carbon 

monoxide. 

(b) You must install, evaluate, and 

operate each continuous emission 

monitoring system according to the 

‘‘Monitoring Requirements’’ in § 60.13. 

§ 60.2940 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 carbon monoxide 

and oxygen. 

(b) Complete your initial evaluation of 

the continuous emission monitoring 

systems within 60 days after your OSWI 

unit reaches the maximum load level at 

which it will operate, but no later than 

180 days after its initial startup. 

(c) For initial and annual evaluations, 

collect data concurrently (or within 30 

to 60 minutes) using your carbon 

monoxide and oxygen continuous 

emission monitoring systems. To 

validate carbon monoxide concentration 

levels, use EPA Method 10, 10A, or 10B 

of appendix A of this part. Use EPA 

Method 3 or 3A to measure oxygen. 

Collect the data during each initial and 

annual evaluation of your continuous 

emission monitoring systems following 

the applicable performance 

specifications in appendix B of this part. 

Table 3 of this subpart shows the 

required span values and performance 

specifications that apply to each 

continuous emission monitoring system. 

(d) Follow the quality assurance 

procedures in Procedure 1 of appendix 

F of this part for each continuous 

emission monitoring system. The 

procedures include daily calibration 

drift and quarterly accuracy 

determinations. 

§ 60.2941 What is my schedule for 

evaluating continuous emission monitoring 

systems? 

(a) Conduct annual evaluations of 

your continuous emission monitoring 

systems no more than 12 months after 

the previous evaluation was conducted. 

(b) Evaluate your continuous emission 

monitoring systems daily and quarterly 

as specified in appendix F of this part. 

§ 60.2942 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring systems, 

and is the data collection requirement 

enforceable? 

(a) Where continuous emission 

monitoring systems are required, obtain 

1-hour arithmetic averages. Make sure 

the averages for carbon monoxide are in 

parts per million by dry volume at 7 

percent oxygen. Use the 1-hour averages 

of oxygen data from your continuous 

emission monitoring system to 

determine the actual oxygen level and to 

calculate emissions at 7 percent oxygen. 

(b) Obtain at least two data points per 

hour in order to calculate a valid 1-hour 

arithmetic average. Section 60.13(e)(2) 

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 at 

least 75 percent of the operating hours 

per day for at least 90 percent of the 

operating days per calendar quarter. An 

operating day is any day the unit 

combusts any municipal or institutional 

solid waste. 

(d) If you do not obtain the minimum 

data required in paragraphs (a) through 

(c) of this section, you have deviated 

from the data collection requirement 

regardless of the emission level 

monitored. 

(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. 

(f) If continuous emission monitoring 

systems are temporarily unavailable to 

meet the data collection requirements, 

refer to Table 3 of this subpart. It shows 

alternate methods for collecting data 

when systems malfunction or when 

repairs, calibration checks, or zero and 

span checks keep you from collecting 

the minimum amount of data. 

§ 60.2943 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

(a) Use Equation 1 in § 60.2975 to 

calculate emissions at 7 percent oxygen. 

(b) Use Equation 2 in § 60.2975 to 

calculate the 12-hour rolling averages 

for concentrations of carbon monoxide. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74899 

§ 60.2944 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I monitor? 

(a) If you are using a wet scrubber to 

comply with the emission limitations 

under § 60.2915, you must install, 

calibrate (to manufacturers’

specifications), maintain, and operate 

devices (or establish methods) for 

monitoring the value of the operating 

parameters used to determine 

compliance with the operating limits 

listed in Table 2 of this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in Table 2 of this subpart at all times. 

(b) You must install, calibrate (to 

manufacturers’ specifications), 

maintain, and operate a device or 

method for measuring the use of any 

stack that could be used to bypass the 

control device. The measurement must 

include the date, time, and duration of 

the use of the bypass stack. 

(c) If you are using a method or air 

pollution control device other than a 

wet scrubber to comply with the 

emission limitations under § 60.2915, 

you must install, calibrate (to the 

manufacturers’ specifications), 

maintain, and operate the equipment 

necessary to monitor compliance with 

the site-specific operating limits 

established using the procedures in 

§ 60.2917. 

§ 60.2945 Is there a minimum amount of 

operating parameter monitoring data I must 

obtain? 

(a) Except for monitor malfunctions, 

associated repairs, and required quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments of the monitoring system), 

you must conduct all monitoring at all 

times the OSWI unit is operating. 

(b) You must obtain valid monitoring 

data for at least 75 percent of the 

operating hours per day for at least 90 

percent of the operating days per 

calendar quarter. An operating day is 

any day the unit combusts any 

municipal or institutional solid waste. 

(c) If you do not obtain the minimum 

data required in paragraphs (a) and (b) 

of this section, you have deviated from 

the data collection requirement 

regardless of the operating parameter 

level monitored. 

(d) Do not use data recorded during 

monitor malfunctions, associated 

repairs, and required quality assurance 

or quality control activities for meeting 

the requirements of this subpart, 

including data averages and 

calculations. You must use all the data 

collected during all other periods in 

assessing compliance with the operating 

limits. 

Recordkeeping and Reporting 

§ 60.2949 What records must I keep? 

You must maintain the 15 items (as 

applicable) as specified in paragraphs 

(a) through (o) of this section for a 

period of at least 5 years. 

(a) Calendar date of each record. 

(b) Records of the data described in 

paragraphs (b)(1) through (8) of this 

section. 

(1) The OSWI unit charge dates, 

times, weights, and hourly charge rates. 

(2) Liquor flow rate to the wet 

scrubber inlet every 15 minutes of 

operation, as applicable. 

(3) Pressure drop across the wet 

scrubber system every 15 minutes of 

operation or amperage to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(5) For OSWI units that establish 

operating limits for controls other than 

wet scrubbers under § 60.2917, you 

must maintain data collected for all 

operating parameters used to determine 

compliance with the operating limits. 

(6) All 1-hour average concentrations 

of carbon monoxide emissions. 

(7) All 12-hour rolling average values 

of carbon monoxide emissions and all 3- 

hour rolling average values of 

continuously monitored operating 

parameters. 

(8) Records of the dates, times, and 

durations of any bypass of the control 

device. 

(c) Identification of calendar dates 

and times for which continuous 

emission monitoring systems or 

monitoring systems used to monitor 

operating limits were inoperative, 

inactive, malfunctioning, or out of 

control (except for downtime associated 

with zero and span and other routine 

calibration checks). Identify the 

pollutant emissions or operating 

parameters not measured, the duration, 

reasons for not obtaining the data, and 

a description of corrective actions taken. 

(d) Identification of calendar dates, 

times, and durations of malfunctions, 

and a description of the malfunction 

and the corrective action taken. 

(e) Identification of calendar dates 

and times for which monitoring data 

show a deviation from the carbon 

monoxide emissions limit in Table 1 of 

this subpart or a deviation from the 

operating limits in Table 2 of this 

subpart or a deviation from other 

operating limits established under 

§ 60.2917 with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(f) Calendar dates when continuous 

monitoring systems did not collect the 

minimum amount of data required 

under §§ 60.2942 and 60.2945. 

(g) For carbon monoxide continuous 

emissions monitoring systems, 

document the results of your daily drift 

tests and quarterly accuracy 

determinations according to Procedure 1 

of appendix F of this part. 

(h) Records of the calibration of any 

monitoring devices required under 

§ 60.2944. 

(i) The results of the initial, annual, 

and any subsequent performance tests 

conducted to determine compliance 

with the emission limits and/or to 

establish operating limits, as applicable. 

Retain a copy of the complete test report 

including calculations and a description 

of the types of waste burned during the 

test. 

(j) All documentation produced as a 

result of the siting requirements of 

§§ 60.2894 and 60.2895. 

(k) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

§ 60.2910(a) as required by § 60.2910(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(l) Records showing the names of the 

OSWI unit operators who have 

completed the operator training 

requirements under § 60.2905, met the 

criteria for qualification under 

§ 60.2907, and maintained or renewed 

their qualification under § 60.2908 or 

§ 60.2909. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(m) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(n) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(o) The information listed in 

§ 60.2910(a). 

§ 60.2950 Where and in what format must 

I keep my records? 

(a) You must keep each record on site 

for at least 2 years. You may keep the 

records off site for the remaining 3 

years. 

(b) All records must be available in 

either paper copy or computer-readable 

format that can be printed upon request, 

unless an alternative format is approved 

by the Administrator. 

74900 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

§ 60.2951 What reports must I submit? 

See Table 4 of this subpart for a 

summary of the reporting requirements. 

§ 60.2952 What must I submit prior to 

commencing construction? 

You must submit a notification prior 

to commencing construction that 

includes the five items listed in 

paragraphs (a) through (e) of this 

section. 

(a) A statement of intent to construct. 

(b) The anticipated date of 

commencement of construction. 

(c) All documentation produced as a 

result of the siting requirements of 

§ 60.2895. 

(d) The waste management plan as 

specified in §§ 60.2899 through 60.2901. 

(e) Anticipated date of initial startup. 

§ 60.2953 What information must I submit 

prior to initial startup? 

You must submit the information 

specified in paragraphs (a) through (e) of 

this section prior to initial startup. 

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

(b) The maximum design waste 

burning capacity. 

(c) The anticipated maximum charge 

rate. 

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

§ 60.2917. 

(e) The anticipated date of initial 

startup. 

§ 60.2954 What information must I submit 

following my initial performance test? 

You must submit the information 

specified in paragraphs (a) and (b) of 

this section no later than 60 days 

following the initial performance test. 

All reports must be signed by the 

facilities manager. 

(a) The complete test report for the 

initial performance test results obtained 

under § 60.2927, as applicable. 

(b) The values for the site-specific 

operating limits established in § 60.2916 

or § 60.2917. 

§ 60.2955 When must I submit my annual 

report? 

You must submit an annual report no 

later than 12 months following the 

submission of the information in 

§ 60.2954. You must submit subsequent 

reports no more than 12 months 

following the previous report. 

§ 60.2956 What information must I include 

in my annual report? 

The annual report required under 

§ 60.2955 must include the ten items 

listed in paragraphs (a) through (j) of 

this section. If you have a deviation 

from the operating limits or the 

emission limitations, you must also 

submit deviation reports as specified in 

§§ 60.2957 through 60.2959. 

(a) Company name and address. 

(b) Statement by the owner or 

operator, with their name, title, and 

signature, certifying the truth, accuracy, 

and completeness of the report. Such 

certifications must also comply with the 

requirements of 40 CFR 70.5(d) or 40 

CFR 71.5(d). 

(c) Date of report and beginning and 

ending dates of the reporting period. 

(d) The values for the operating limits 

established pursuant to § 60.2916 or 

§ 60.2917. 

(e) If no deviation from any emission 

limitation or operating limit that applies 

to you has been reported, a statement 

that there was no deviation from the 

emission limitations or operating limits 

during the reporting period, and that no 

monitoring system used to determine 

compliance with the emission 

limitations or operating limits was 

inoperative, inactive, malfunctioning or 

out of control. 

(f) The highest recorded 12-hour 

average and the lowest recorded 12-hour 

average, as applicable, for carbon 

monoxide emissions and the highest 

recorded 3-hour average and the lowest 

recorded 3-hour average, as applicable, 

for each operating parameter recorded 

for the calendar year being reported. 

(g) Information recorded under 

§ 60.2949(b)(6) and (c) through (e) for 

the calendar year being reported. 

(h) If a performance test was 

conducted during the reporting period, 

the results of that test. 

(i) If you met the requirements of 

§ 60.2934(a) or (b), and did not conduct 

a performance test during the reporting 

period, you must state that you met the 

requirements of § 60.2934(a) or (b), and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all 

qualified OSWI unit operators were 

unavailable for more than 12 hours, but 

less than 2 weeks. 

§ 60.2957 What else must I report if I have 

a deviation from the operating limits or the 

emission limitations? 

(a) You must submit a deviation 

report if any recorded 3-hour average 

parameter level is above the maximum 

operating limit or below the minimum 

operating limit established under this 

subpart, if any recorded 12-hour average 

carbon monoxide emission rate is above 

the emission limitation, if the control 

device was bypassed, or if a 

performance test was conducted that 

showed a deviation from any emission 

limitation. 

(b) The deviation report must be 

submitted by August 1 of that year for 

data collected during the first half of the 

calendar year (January 1 to June 30), and 

by February 1 of the following year for 

data you collected during the second 

half of the calendar year (July 1 to 

December 31). 

§ 60.2958 What must I include in the 

deviation report? 

In each report required under 

§ 60.2957, for any pollutant or operating 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the 

seven items described in paragraphs (a) 

through (g) of this section. 

(a) The calendar dates and times your 

unit deviated from the emission 

limitations or operating limit 

requirements. 

(b) The averaged and recorded data 

for those dates. 

(c) Durations and causes of each 

deviation from the emission limitations 

or operating limits and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and any test report that documents the 

emission levels. 

(e) The dates, times, number, 

duration, and causes for monitor 

downtime incidents (other than 

downtime associated with zero, span, 

and other routine calibration checks). 

(f) Whether each deviation occurred 

during a period of startup, shutdown, or 

malfunction, or during another period. 

(g) The dates, times, and durations of 

any bypass of the control device. 

§ 60.2959 What else must I report if I have 

a deviation from the requirement to have a 

qualified operator accessible? 

(a) If all qualified operators are not 

accessible for 2 weeks or more, you 

must take the two actions in paragraphs 

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

(1) Submit a notification of the 

deviation within 10 days that includes 

the three items in paragraphs (a)(1)(i) 

through (iii) of this section. 

(i) A statement of what caused the 

deviation. 

(ii) A description of what you are 

doing to ensure that a qualified operator 

is accessible. 

(iii) The date when you anticipate that 

a qualified operator will be available. 

(2) Submit a status report to EPA 

every 4 weeks that includes the three 

items in paragraphs (a)(2)(i) through (iii) 

of this section. 

(i) A description of what you are 

doing to ensure that a qualified operator 

is accessible. 

(ii) The date when you anticipate that 

a qualified operator will be accessible. 

(iii) Request approval from EPA to 

continue operation of the OSWI unit. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74901 

(b) If your unit was shut down by 

EPA, under the provisions of 

§ 60.2911(c)(2), due to a failure to 

provide an accessible qualified operator, 

you must notify EPA that you are 

resuming operation once a qualified 

operator is accessible. 

§ 60.2960 Are there any other notifications 

or reports that I must submit? 

Yes, you must submit notifications as 

provided by § 60.7. 

§ 60.2961 In what form can I submit my 

reports? 

Submit initial, annual, and deviation 

reports electronically or in paper format, 

postmarked on or before the submittal 

due dates. 

§ 60.2962 Can reporting dates be 

changed? 

If the Administrator agrees, you may 

change the semiannual or annual 

reporting dates. See § 60.19(c) for 

procedures to seek approval to change 

your reporting date. 

Title V Operating Permits 

§ 60.2966 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

Yes, if you are subject to this subpart, 

you are required to apply for and obtain 

a title V operating permit unless you 

meet the relevant requirements for an 

exemption specified in § 60.2887. 

§ 60.2967 When must I submit a title V 

permit application for my new unit? 

(a) If your new unit subject to this 

subpart is not subject to an earlier 

permit application deadline, a complete 

title V permit application must be 

submitted on or before one of the dates 

specified in paragraphs (a)(1) or (2) of 

this section. (See section 503(c) of the 

Clean Air Act and 40 CFR 70.5(a)(1)(i) 

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

(1) For a unit that commenced 

operation as a new source as of 

December 16, 2005, then a complete 

title V permit application must be 

submitted not later than December 18, 

2006. 

(2) For a unit that does not commence 

operation as a new source until after 

December 16, 2005, then a complete 

title V permit application must be 

submitted not later than 12 months after 

the date the unit commences operation 

as a new source. 

(b) If your new unit subject to this 

subpart is subject to title V as a result 

of some triggering requirement(s) other 

than this subpart (for example, a unit 

subject to this subpart may be a major 

source or part of a major source), then 

your unit may be required to apply for 

a title V permit prior to the deadlines 

specified in paragraph (a) of this 

section. If more than one requirement 

triggers a source’s obligation to apply for 

a title V permit, the 12-month timeframe 

for filing a title V permit application is 

triggered by the requirement that first 

causes the source to be subject to title 

V. (See section 503(c) of the Clean Air 

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

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

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

(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 Clean Air Act and 

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

You must submit a complete permit 

application by the relevant application 

deadline in order to operate after this 

date in compliance with Federal law. 

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

Clean Air Act and 40 CFR 70.7(b) and 

40 CFR 71.7(b).) 

Temporary-Use Incinerators and Air 

Curtain Incinerators Used in Disaster 

Recovery 

§ 60.2969 What are the requirements for 

temporary-use incinerators and air curtain 

incinerators used in disaster recovery? 

Your incinerator or air curtain 

incinerator is excluded from the 

requirements of this subpart if it is used 

on a temporary basis to combust debris 

from a disaster or emergency such as a 

tornado, hurricane, flood, ice storm, 

high winds, or act of bioterrorism. To 

qualify for this exclusion, the 

incinerator or air curtain incinerator 

must be used to combust debris in an 

area declared a State of Emergency by a 

local or State government, or the 

President, under the authority of the 

Stafford Act, has declared that an 

emergency or a major disaster exists in 

the area, and you must follow the 

requirements specified in paragraphs (a) 

through (c) of this section. 

(a) If the incinerator or air curtain 

incinerator is used during a period that 

begins on the date the unit started 

operation and lasts 8 weeks or less 

within the boundaries of the same 

emergency or disaster declaration area, 

then it is excluded from the 

requirements of this subpart. You do not 

need to notify the Administrator of its 

use or meet the emission limitations or 

other requirements of this subpart. 

(b) If the incinerator or air curtain 

incinerator will be used during a period 

that begins on the date the unit started 

operation and lasts more than 8 weeks 

within the boundaries of the same 

emergency or disaster declaration area, 

you must notify the Administrator that 

the temporary-use incinerator or air 

curtain incinerator will be used for more 

than 8 weeks and request permission to 

continue to operate the unit as specified 

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

section. 

(1) The notification must be submitted 

in writing by the date 8 weeks after you 

start operation of the temporary-use 

incinerator or air curtain incinerator 

within the boundaries of the current 

emergency or disaster declaration area. 

(2) The notification must contain the 

date the incinerator or air curtain 

incinerator started operation within the 

boundaries of the current emergency or 

disaster declaration area, identification 

of the disaster or emergency for which 

the incinerator or air curtain incinerator 

is being used, a description of the types 

of materials being burned in the 

incinerator or air curtain incinerator, a 

brief description of the size and design 

of the unit (for example, an air curtain 

incinerator or a modular starved-air 

incinerator), the reasons the incinerator 

or air curtain incinerator must be 

operated for more than 8 weeks, and the 

amount of time for which you request 

permission to operate including the date 

you expect to cease operation of the 

unit. 

(c) If you submitted the notification 

containing the information in paragraph 

(b)(2) by the date specified in paragraph 

(b)(1), you may continue to operate the 

incinerator or air curtain incinerator for 

another 8 weeks, which is a total of 16 

weeks from the date the unit started 

operation within the boundaries of the 

current emergency or disaster 

declaration area. You do not have to 

meet the emission limitations or other 

requirements of this subpart during this 

period. 

(1) At the end of 16 weeks from the 

date the incinerator or air curtain 

incinerator started operation within the 

boundaries of the current emergency or 

disaster declaration area, you must 

cease operation of the unit or comply 

with all requirements of this subpart, 

unless the Administrator has approved 

in writing your request to continue 

operation. 

(2) If the Administrator has approved 

in writing your request to continue 

operation, then you may continue to 

operate the incinerator or air curtain 

incinerator within the boundaries of the 

current emergency or disaster 

declaration area until the date specified 

in the approval, and you do not need to 

comply with any other requirements of 

this subpart during the approved time 

period. 

74902 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

Air Curtain Incinerators That Burn 

Only Wood Waste, Clean Lumber, and 

Yard Waste 

§ 60.2970 What is an air curtain 

incinerator? 

(a) An air curtain incinerator operates 

by forcefully projecting a curtain of air 

across an open, integrated combustion 

chamber (fire box) or open pit or trench 

(trench burner) in which combustion 

occurs. For the purpose of this subpart 

and subpart FFFF of this part only, air 

curtain incinerators include both firebox 

and trench burner units. 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (4) of this section are 

required to meet only the requirements 

in §§ 60.2970 through 60.2974 and are 

exempt from all other requirements of 

this subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

§ 60.2971 What are the emission 

limitations for air curtain incinerators that 

burn only wood waste, clean lumber, and 

yard waste? 

(a) Within 60 days after your air 

curtain incinerator reaches the charge 

rate at which it will operate, but no later 

than 180 days after its initial startup, 

you must meet the two limitations 

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

this section. 

(1) The opacity limitation is 10 

percent (6-minute average), except as 

described in paragraph (a)(2) of this 

section. 

(2) The opacity limitation is 35 

percent (6-minute average) during the 

startup period that is within the first 30 

minutes of operation. 

(b) The limitations in paragraph (a) of 

this section apply at all times except 

during malfunctions. 

§ 60.2972 How must I monitor opacity for 

air curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

(a) Use Method 9 of appendix A of 

this part to determine compliance with 

the opacity limitation. 

(b) Conduct an initial test for opacity 

as specified in § 60.8. 

(c) After the initial test for opacity, 

conduct annual tests no more than 12 

months following the date of your 

previous test. 

(d) If the air curtain incinerator has 

been out of operation for more than 12 

months following the date of the 

previous test, then you must conduct a 

test for opacity upon startup of the unit. 

§ 60.2973 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

(a) Prior to commencing construction 

on your air curtain incinerator, submit 

the three items described in paragraphs 

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

(1) Notification of your intent to 

construct the air curtain incinerator. 

(2) Your planned initial startup date. 

(3) Types of materials you plan to 

burn in your air curtain incinerator. 

(b) Keep records of results of all initial 

and annual opacity tests in either paper 

copy or computer-readable format that 

can be printed upon request, unless the 

Administrator approves another format, 

for at least 5 years. You must keep each 

record on site for at least 2 years. You 

may keep the records off site for the 

remaining 3 years. 

(c) Make all records available for 

submittal to the Administrator or for an 

inspector’s review. 

(d) You must submit the results (each 

6-minute average) of the initial opacity 

tests no later than 60 days following the 

initial test. Submit annual opacity test 

results within 12 months following the 

previous report. 

(e) Submit initial and annual opacity 

test reports as electronic or paper copy 

on or before the applicable submittal 

date. 

(f) Keep a copy of the initial and 

annual reports on site for a period of 5 

years. You must keep each report on site 

for at least 2 years. You may keep the 

reports off site for the remaining 3 years. 

§ 60.2974 Am I required to apply for and 

obtain a title V operating permit for my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste? 

Yes, if your air curtain incinerator is 

subject to this subpart, you are required 

to apply for and obtain a title V 

operating permit as specified in 

§§ 60.2966 and 60.2967. 

Equations 

§ 60.2975 What equations must I use? 

(a) Percent oxygen. Adjust all 

pollutant concentrations to 7 percent 

oxygen using equation 1 of this section. 

C C O Eq adj meas =∗ − ( ) 20 9 7 20 9 ( ) − 2 . / . % ( . 1)

Where: 

Cadj = pollutant concentration adjusted 

to 7 percent oxygen 

Cmeas = pollutant concentration 

measured on a dry basis 

(20.9–7) = 20.9 percent oxygen–7 

percent oxygen (defined oxygen 

correction basis) 

20.9 = oxygen concentration in air, 

percent 

%O2 = oxygen concentration measured 

on a dry basis, percent 

(b) Capacity of a very small municipal 

waste combustion unit. For very small 

municipal waste combustion units that 

can operate continuously for 24-hour 

periods, calculate the unit capacity 

based on 24 hours of operation at the 

maximum charge rate. To determine the 

maximum charge rate, use one of two 

methods: 

(1) For very small municipal waste 

combustion units with a design based 

on heat input capacity, calculate the 

maximum charging rate based on the 

maximum heat input capacity and one 

of two heating values: 

(i) If your very small 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 very small 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 very small municipal waste 

combustion units with a design not 

based on heat input capacity, use the 

maximum design charging rate. 

(c) Capacity of a batch very small 

municipal waste combustion unit. 

Calculate the capacity of a batch OSWI 

unit as the maximum design amount of 

municipal solid waste it can charge per 

batch multiplied by the maximum 

number of batches it can process in 24 

hours. Calculate the 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 unit can combust 

24/16, or 1.5 batches, in 24 hours. 

(d) Carbon monoxide pollutant rate. 

When hourly average pollutant rates (Eh) 

are obtained (e.g., CEMS values), 

compute the rolling average carbon 

monoxide pollutant rate (Ea) for each 12- 

hour period using the following 

equation: 


ER16DE05.000</MATH>
Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74903 

E E Eq a hj

j

= =

∑1

12 1

12

( . 2)

Where: 

Ea = Average carbon monoxide pollutant 

rate for the 12-hour period, ppm 

corrected to 7 percent O2. 

Ehj = Hourly arithmetic average 

pollutant rate for hour ‘‘j,’’ ppm 

corrected to 7 percent O2. 

Definitions 

§ 60.2977 What definitions must I know? 

Terms used but not defined in this 

subpart are defined in the Clean Air Act 

and subpart A (General Provisions) of 

this part. 

Administrator means: 

(1) For approved and effective State 

section 111(d)/129 plans, the Director of 

the State air pollution control agency, or 

his or her delegatee; 

(2) For Federal section 111(d)/129 

plans, the Administrator of the EPA, an 

employee of the EPA, the Director of the 

State air pollution control agency, or 

employee of the State air pollution 

control agency to whom the authority 

has been delegated by the Administrator 

of the EPA to perform the specified task; 

and 

(3) For NSPS, the Administrator of the 

EPA, an employee of the EPA, the 

Director of the State air pollution 

control agency, or employee of the State 

air pollution control agency to whom 

the authority has been delegated by the 

Administrator of the EPA to perform the 

specified task. 

Air curtain incinerator means an 

incineration unit operating by forcefully 

projecting a curtain of air across an 

open, integrated combustion chamber 

(fire box) or open pit or trench (trench 

burner) in which combustion occurs. 

For the purpose of this subpart and 

subpart FFFF of this part only, air 

curtain incinerators include both firebox 

and trench burner units. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Batch OSWI unit means an OSWI unit 

that is designed such that neither waste 

charging nor ash removal can occur 

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 starting on January 1 and ending 

on December 31. 

Chemotherapeutic waste means waste 

material resulting from the production 

or use of anti-neoplastic agents used for 

the purpose of stopping or reversing the 

growth of malignant cells. 

Class II municipal solid waste landfill 

means a landfill that meets four criteria: 

(1) Accepts, for incineration or 

disposal, less than 20 tons per day of 

municipal solid waste or other solid 

wastes based on an annual average; 

(2) Is located on a site where there is 

no evidence of groundwater pollution 

caused or contributed to by the landfill; 

(3) Is not connected by road to a Class 

I municipal solid waste landfill, as 

defined by Alaska regulatory code 18 

AAC 60.300(c) or, if connected by road, 

is located more than 50 miles from a 

Class I municipal solid waste landfill; 

and 

(4) Serves a community that meets 

one of two criteria: 

(i) Experiences for at least three 

months each year, an interruption in 

access to surface transportation, 

preventing access to a Class I municipal 

solid waste landfill; or 

(ii) Has no practicable waste 

management alternative, with a landfill 

located in an area that annually receives 

25 inches or less of precipitation. 

Class III municipal solid waste 

landfill is a landfill that is not 

connected by road to a Class I municipal 

solid waste landfill, as defined by 

Alaska regulatory code 18 AAC 

60.300(c) or, if connected by road, is 

located more than 50 miles from a Class 

I municipal solid waste landfill, and 

that accepts, for disposal, either of the 

following two criteria: 

(1) Ash from incinerated municipal 

waste in quantities less than 1 ton per 

day on an annual average, which ash 

must be free of food scraps that might 

attract animals; or 

(2) Less than 5 tons per day of 

municipal solid waste, based on an 

annual average, and is not located in a 

place that meets either of the following 

criteria: 

(i) Where public access is restricted, 

including restrictions on the right to 

move to the place and reside there; or 

(ii) That is provided by an employer 

and that is populated totally by persons 

who are required to reside there as a 

condition of employment and who do 

not consider the place to be their 

permanent residence. 

Clean lumber means wood or wood 

products that have been cut or shaped 

and include wet, air-dried, and kilndried wood products. Clean lumber 

does not include wood products that 

have been painted, pigment-stained, or 

pressure-treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote, or 

manufactured wood products that 

contain adhesives or resins (e.g., 

plywood, particle board, flake board, 

and oriented strand board). 

Collected from means the transfer of 

material from the site at which the 

material is generated to a separate site 

where the material is burned. 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system or CEMS means a monitoring 

system for continuously measuring and 

recording the emissions of a pollutant 

from an OSWI unit. 

Continuous OSWI unit means an 

OSWI unit that is designed to allow 

waste charging and ash removal during 

combustion. 

Deviation means any instance in 

which a unit that meets the 

requirements in § 60.2885, or an owner 

or operator of such a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emission limitation, operating limit, or 

operator qualification and accessibility 

requirements; 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any unit that meets the 

requirements in § 60.2885 and is 

required to obtain such a permit; or 

(3) Fails to meet any emission 

limitation, operating limit, or operator 

qualification and accessibility 

requirement in this subpart during 

startup, shutdown, or malfunction, 

regardless of whether or not such failure 

is allowed by this subpart. 

Dioxins/furans means tetra- through 

octachlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

EPA means the Administrator of the 

EPA or employee of the EPA that is 

delegated the authority to perform the 

specified task. 

Institutional facility means a landbased facility owned and/or operated by 

an organization having a governmental, 

educational, civic, or religious purpose 

such as a school, hospital, prison, 

military installation, church, or other 

similar establishment or facility. 

Institutional waste means solid waste 

(as defined in this subpart) that is 

combusted at any institutional facility 

using controlled flame combustion in an 

enclosed, distinct operating unit: whose 

design does not provide for energy 

recovery (as defined in this subpart); 

operated without energy recovery (as 

defined in this subpart); or operated 

with only waste heat recovery (as 

defined in this subpart). Institutional 


ER16DE05.001</MATH>
74904 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

waste also means solid waste (as 

defined in this subpart) combusted on 

site in an air curtain incinerator that is 

a distinct operating unit of any 

institutional facility. 

Institutional waste incineration unit 

means any combustion unit that 

combusts institutional waste (as defined 

in this subpart) and is a distinct 

operating unit of the institutional 

facility that generated the waste. 

Institutional waste incineration units 

include field-erected, modular, cyclonic 

burn barrel, and custom built 

incineration units operating with 

starved or excess air, and any air curtain 

incinerator that is a distinct operating 

unit of the institutional facility that 

generated the institutional waste (except 

those air curtain incinerators listed in 

§ 60.2888(b)). 

Intermittent OSWI unit means an 

OSWI unit that is designed to allow 

waste charging, but not ash removal, 

during combustion. 

Low-level radioactive waste means 

waste material that contains radioactive 

nuclides emitting primarily beta or 

gamma radiation, or both, in 

concentrations or quantities that exceed 

applicable Federal or State standards for 

unrestricted release. Low-level 

radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or 

byproduct material as defined by the 

Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)). 

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control equipment, process equipment, 

or a process to operate in a normal or 

usual manner. Failures that are caused, 

in part, by poor maintenance or careless 

operation are not malfunctions. 

Metropolitan Statistical Area means 

any areas listed as metropolitan 

statistical areas in OMB Bulletin No. 

05–02 entitled ‘‘Update of Statistical 

Area Definitions and Guidance on Their 

Uses’’ dated February 22, 2005 

(available on the Web at http:// 

www.whitehouse.gov/omb/bulletins/). 

Modification or modified unit means 

an incineration unit you have changed 

on or after June 16, 2006 and that meets 

one of two criteria: 

(1) The cumulative cost of the changes 

over the life of the unit exceeds 50 

percent of the original cost of building 

and installing the unit (not including 

the cost of land) updated to current 

costs (current dollars). For an OSWI 

unit, to determine what systems are 

within the boundary of the unit used to 

calculate these costs, see the definition 

of OSWI unit. 

(2) Any physical change in the unit or 

change in the method of operating it 

that increases the amount of any air 

pollutant emitted for which section 129 

or section 111 of the Clean Air Act has 

established standards. 

Municipal solid waste means refuse 

(and refuse-derived fuel) collected from 

the general public and from residential, 

commercial, institutional, and industrial 

sources consisting of paper, wood, yard 

wastes, food wastes, plastics, leather, 

rubber, and other combustible materials 

and non-combustible materials such as 

metal, glass and rock, provided that: (1) 

the term does not include industrial 

process wastes or medical wastes that 

are segregated from such other wastes; 

and (2) an incineration unit shall not be 

considered to be combusting municipal 

solid waste for purposes of this subpart 

if it combusts a fuel feed stream, 30 

percent or less of the weight of which 

is comprised, in aggregate, of municipal 

solid waste, as determined by 

§ 60.2887(b). 

Municipal waste combustion unit 

means, for the purpose of this subpart 

and subpart FFFF of this part, any 

setting or equipment that combusts 

municipal solid waste (as defined in 

this subpart) including, but not limited 

to, field-erected, modular, cyclonic burn 

barrel, and custom built incineration 

units (with or without energy recovery) 

operating with starved or excess air, 

boilers, furnaces, pyrolysis/combustion 

units, and air curtain incinerators 

(except those air curtain incinerators 

listed in § 60.2888(b)). 

Other solid waste incineration (OSWI) 

unit means either a very small 

municipal waste combustion unit or an 

institutional waste incineration unit, as 

defined in this subpart. Unit types listed 

in § 60.2887 as being excluded from the 

subpart are not OSWI units subject to 

this subpart. While not all OSWI units 

will include all of the following 

components, an OSWI unit includes, 

but is not limited to, the municipal or 

institutional solid waste feed system, 

grate system, flue gas system, waste heat 

recovery equipment, if any, and bottom 

ash system. The OSWI unit does not 

include air pollution control equipment 

or the stack. The OSWI unit boundary 

starts at the municipal or institutional 

waste hopper (if applicable) and extends 

through two areas: 

(1) The combustion unit flue gas 

system, which ends immediately after 

the last combustion chamber or after the 

waste heat recovery equipment, if any; 

and 

(2) The combustion unit bottom ash 

system, which ends at the truck loading 

station or similar equipment that 

transfers the ash to final disposal. The 

OSWI unit includes all ash handling 

systems connected to the bottom ash 

handling system. 

Particulate matter means total 

particulate matter emitted from OSWI 

units as measured by Method 5 or 

Method 29 of appendix A of this part. 

Pathological waste means waste 

material consisting of only human or 

animal remains, anatomical parts, and/ 

or tissue, the bags/containers used to 

collect and transport the waste material, 

and animal bedding (if applicable). 

Reconstruction means rebuilding an 

incineration unit and meeting two 

criteria: 

(1) The reconstruction begins on or 

after June 16, 2006. 

(2) The cumulative cost of the 

construction over the life of the 

incineration unit exceeds 50 percent of 

the original cost of building and 

installing the unit (not including land) 

updated to current costs (current 

dollars). For an OSWI unit, to determine 

what systems are within the boundary 

of the unit used to calculate these costs, 

see the definition of OSWI 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. 

Shutdown means the period of time 

after all waste has been combusted in 

the primary chamber. For continuous 

OSWI, shutdown shall commence no 

less than 2 hours after the last charge to 

the incinerator. For intermittent OSWI, 

shutdown shall commence no less than 

4 hours after the last charge to the 

incinerator. For batch OSWI, shutdown 

shall commence no less than 5 hours 

after the high-air phase of combustion 

has been completed. 

Solid waste means any garbage, 

refuse, sludge from a waste treatment 

plant, water supply treatment plant, or 

air pollution control facility and other 

discarded material, including solid, 

liquid, semisolid, or contained gaseous 

material resulting from industrial, 

commercial, mining, agricultural 

operations, and from community 

activities, but does not include solid or 

dissolved material in domestic sewage, 

or solid or dissolved materials in 

irrigation return flows or industrial 

discharges that are point sources subject 

to permits under section 402 of the 

Federal Water Pollution Control Act, as 

amended (33 U.S.C. 1342), or source, 

special nuclear, or byproduct material 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74905 

as defined by the Atomic Energy Act of 

1954, as amended (42 U.S.C. 2014). 

Standard conditions, when referring 

to units of measure, means a 

temperature of 68 °F (20 °C) and a 

pressure of 1 atmosphere (101.3 

kilopascals). 

Startup period means the period of 

time between the activation of the 

system and the first charge to the OSWI 

unit. For batch OSWI, startup means the 

period of time between activation of the 

system and ignition of the waste. 

Very small municipal waste 

combustion unit means any municipal 

waste combustion unit that has the 

capacity to combust less than 35 tons 

per day of municipal solid waste or 

refuse-derived fuel, as determined by 

the calculations in § 60.2975. 

Waste heat recovery means the 

process of recovering heat from the 

combustion flue gases outside of the 

combustion firebox by convective heat 

transfer only. 

Wet scrubber means an add-on air 

pollution control device that utilizes an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

Wood waste means untreated wood 

and untreated wood products, including 

tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, 

sawdust, chips, scraps, slabs, millings, 

and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, 

shrubs, and clippings from bushes and 

shrubs from residential, commercial/ 

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. 

(2) Construction, renovation, or 

demolition wastes. 

(3) Clean lumber. 

(4) Treated wood and treated wood 

products, including wood products that 

have been painted, pigment-stained, or 

pressure treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote, or 

manufactured wood products that 

contain adhesives or resins (e.g., 

plywood, particle board, flake board, 

and oriented strand board). 

Yard waste means grass, grass 

clippings, bushes, shrubs, and clippings 

from bushes and shrubs. Yard waste 

comes 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. 

(2) Clean lumber. 

Tables to Subpart EEEE of Part 60 

As stated in § 60.2915, you must 

comply with the following: 

TABLE 1 TO SUBPART EEEE OF PART 60.—EMISSION LIMITATIONS

For the air pollutant You must meet this emission 

limitation a Using this averaging time And determining compliance using this method 

1. Cadmium ................................... 18 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

2. Carbon monoxide ...................... 40 parts per million by dry volume 3-run average (1 hour minimum 

sample time per run during performance test), and 12-hour 

rolling averages measured 

using CEMS.b

Method 10, 10A, or 10B of appendix A of this part and CEMS. 

3. Dioxins/furans (total basis) ........ 33 nanograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample meter time per run).

Method 23 of appendix A of this 

part. 

4. Hydrogen chloride ..................... 15 parts per million by dry volume 3-run average (1 hour minimum 

sample time per run).

Method 26A of appendix A of this 

part. 

5. Lead ........................................... 226 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

6. Mercury ...................................... 74 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

7. Opacity ....................................... 10 percent ..................................... 6-run average (1 hour minimum 

sample time per run).

Method 9 of appendix A of this 

part. 

8. Oxides of nitrogen ..................... 103 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 7, 7A, 7C, 7D, or 7E of 

appendix A of this part, or 

ANSI/ASME PTC 19.10–1981 

(IBR, see § 60.17(h)) in lieu of 

Methods 7 and 7C only. 

9. Particulate matter ...................... 0.013 grains per dry standard 

cubic foot.

3-run average (1 hour minimum 

sample time per run).

Method 5 or 29 of appendix A of 

this part. 

10. Sulfur dioxide ........................... 3.1 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 6 or 6C of appendix A of 

this part, or ANSI/ASME PTC 

19.10–1981 (IBR, see 

§ 60.17(h)) in lieu of Method 6 

only. 

aAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

b Calculated each hour as the average of the previous 12 operating hours. 

As stated in § 60.2916, you must 

comply with the following: 

74906 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

TABLE 2 TO SUBPART EEEE OF PART 60.—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS

For these operating 

parameters 

You must establish these 

operating limits 

And monitoring using these minimum frequencies 

Data measurement Data recording Averaging time 

1. Charge rate ................... Maximum charge rate ....... Continuous ........................ Every hour ......................... Daily for batch units. 3- 

hour rolling for continuous and intermittent 

units a. 

2. Pressure drop across 

the wet scrubber or amperage to wet scrubber.

Minimum pressure drop or 

amperage.

Continuous ........................ Every 15 minutes .............. 3-hour rolling a. 

3. Scrubber liquor flow rate Minimum flow rate ............. Continuous ........................ Every 15 minutes .............. 3-hour rolling a. 

4. Scrubber liquor pH ........ Minimum pH ...................... Continuous ........................ Every 15 minutes .............. 3-hour rolling a. 

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

As stated in § 60.2940, you must 

comply with the following: 

TABLE 3 TO SUBPART EEEE OF PART 60.—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS) 

For the following 

pollutants 

Use the following span values for 

your CEMS 

Use the following performance 

specifications (P.S.) in appendix B 

of this part for your CEMS 

If needed to meet minimum data 

requirements, use the following 

alternate methods in appendix A 

of this part to collect data 

1. Carbon Monoxide ...................... 125 percent of the maximum 

hourly potential carbon monoxide emissions of the waste 

combustion unit.

P.S.4A ........................................... Method 10. 

2. Oxygen ...................................... 25 percent oxygen ........................ P.S.3 ............................................. Method 3A or 3B, or ANSI/ASME 

PTC 19.10–1981 (IBR, see 

§ 60.17(h)) in lieu of Method 3B 

only. 

As stated in § 60.2951, you must 

comply with the following: 

TABLE 4 TO SUBPART EEEE OF PART 60.—SUMMARY OF REPORTING REQUIREMENTS

Report Due date Contents Reference 

1. Preconstruction report ..... a. Prior to commencing 

construction.

i. Statement of intent to construct; ................................

ii. Anticipated date of commencement of onstruction; 

§ 60.2952. 

§ 60.2952. 

iii. Documentation for siting requirements; § 60.2952. 

iv. Waste management plan; and § 60.2952. 

v. Anticipated date of initial startup. § 60.2952. 

2. Startup notification ........... a. Prior to initial startup ..... i. Types of waste to be burned; 

ii. Maximum design waste burning capacity; 

§ 60.2953. 

§ 60.2953. 

iii. Anticipated maximum charge rate; § 60.2953. 

iv. If applicable, the petition for site-specific operating 

limits; and 

§ 60.2953. 

v. Anticipated date of initial startup. § 60.2953. 

3. Initial test report ............... a. No later than 60 days 

following the initial performance test.

i. Complete test report for the initial performance test; 

and 

ii. The values for the site-specific operating limits ........

§ 60.2954. 

§ 60.2954. 

4. Annual report ................... a. No later than 12 months 

following the submission 

of the initial test report. 

Subsequent reports are 

to be submitted no more 

than 12 months following 

the previous report.

i. Company Name and address; 

ii. Statement and signature by the owner or operator; 

iii. Date of report; 

iv. Values for the operating limits; 

v. If no deviations or malfunctions were reported, a 

statement that no deviations occurred during the reporting period; 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

vi. Highest and lowest recorded 12-hour averages, as 

applicable, for carbon monoxide emissions and 

highest and lowest recorded 3-hour averages, as 

applicable, for each operating parameter recorded 

for the calendar year being reported; 

§§ 60.2955 and 60.2956. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74907 

TABLE 4 TO SUBPART EEEE OF PART 60.—SUMMARY OF REPORTING REQUIREMENTS—Continued 

Report Due date Contents Reference 

vii. Information for deviations or malfunctions recorded 

under § 60.2949(b)(6) and (c) through (e); 

§§ 60.2955 and 60.2956. 

viii. If a performance test was conducted during the reporting period, the results of the test; §§ 60.2955 and 60.2956. 

ix. If a performance test was not conducted during the 

reporting period, a statement that the requirements 

of § 60.2934 (a) or (b) were met; and 

§§ 60.2955 and 60.2956. 

x. Documentation of periods when all qualified OSWI 

unit operators were unavailable for more than 12 

hours but less than 2 weeks. 

§§ 60.2955 and 60.2956. 

5. Emission limitation or operating limit deviation report.a. By August 1 of that year 

for data collected during 

the first half of the calendar year. By February 

1 of the following year 

for data collected during 

the second half of the 

calendar year.

i. Dates and times of deviation; 

ii. Averaged and recorded data for those dates; 

iii. Duration and causes of each deviation and the corrective actions taken; 

iv. Copy of operating limit monitoring data and any 

test reports; 

v. Dates, times, and causes for monitor downtimes incidents; 

vi. Whether each deviation occurred during a period of 

startup, shutdown, or malfunction; and 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

vii. Dates, times, and durations of any bypass of the 

control device. 

§§ 60.2957 and 60.2958. 

6. Qualified operator deviation notification.a. Within 10 days of deviation.i. Statement of cause of deviation; ...............................

ii. Description of efforts to have an accessible qualified 

operator; and 

§ 60.2959(a)(1). 

§ 60.2959(a)(1) 

iii. The date a qualified operator will be accessible ...... § 60.2959(a)(1). 

7. Qualified operation deviation status report.a. Every 4 weeks following 

deviation.

i. Description of efforts to have an accessible qualified 

operator; 

ii. The date a qualified operator will be accessible; and 

§ 60.2959(a)(2). 

§ 60.2959(a)(2). 

iii. Request to continue operation § 60.2959(a)(2). 

8. Qualified operator deviation notification of resumed operation.a. Prior to resuming operation.i. Notification that you are resuming operation ............. § 60.2959(b). 

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

■ 4. Part 60 is amended by adding 

subpart FFFF to read as follows: 

Subpart FFFF—Emission Guidelines and 

Compliance Times for Other Solid Waste 

Incineration Units That Commenced 

Construction On or Before December 9, 

2004 

Introduction 

Sec. 

60.2980 What is the purpose of this 

subpart? 

60.2981 Am I affected by this subpart? 

60.2982 Is a State plan required for all 

States? 

60.2983 What must I include in my State 

plan? 

60.2984 Is there an approval process for my 

State plan? 

60.2985 What if my State plan is not 

approvable? 

60.2986 Is there an approval process for a 

negative declaration letter? 

60.2987 What compliance schedule must I 

include in my State plan? 

60.2988 Are there any State plan 

requirements for this subpart that apply 

instead of the requirements specified in 

subpart B of this part? 

60.2989 Does this subpart directly affect 

incineration unit owners and operators 

in my State? 

60.2990 What Authorities are withheld by 

EPA? 

Applicability of State Plans 

60.2991 What incineration units must I 

address in my State plan? 

60.2992 What is an existing incineration 

unit? 

60.2993 Are any combustion units excluded 

from my State plan? 

60.2994 Are air curtain incinerators 

regulated under this subpart? 

Model Rule—Use of Model Rule 

60.2996 What is the purpose of the ‘‘model 

rule’’ in this subpart? 

60.2997 How does the model rule relate to 

the required elements of my State plan? 

60.2998 What are the principal components 

of the model rule? 

Model Rule—Compliance Schedule 

60.3000 When must I comply? 

60.3001 What must I do if I close my OSWI 

unit and then restart it? 

60.3002 What must I do if I plan to 

permanently close my OSWI unit and 

not restart it? 

Model Rule—Waste Management Plan 

60.3010 What is a waste management plan? 

60.3011 When must I submit my waste 

management plan? 

60.3012 What should I include in my waste 

management plan? 

Model Rule—Operator Training and 

Qualification 

60.3014 What are the operator training and 

qualification requirements? 

60.3015 When must the operator training 

course be completed? 

60.3016 How do I obtain my operator 

qualification? 

60.3017 How do I maintain my operator 

qualification? 

60.3018 How do I renew my lapsed 

operator qualification? 

60.3019 What site-specific documentation 

is required? 

60.3020 What if all the qualified operators 

are temporarily not accessible? 

Model Rule—Emission Limitations and 

Operating Limits 

60.3022 What emission limitations must I 

meet and by when? 

60.3023 What operating limits must I meet 

and by when? 

60.3024 What if I do not use a wet scrubber 

to comply with the emission limitations? 

60.3025 What happens during periods of 

startup, shutdown, and malfunction? 

Model Rule—Performance Testing 

60.3027 How do I conduct the initial and 

annual performance test? 

60.3028 How are the performance test data 

used? 

74908 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

Model Rule—Initial Compliance 

Requirements 

60.3030 How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

60.3031 By what date must I conduct the 

initial performance test? 

Model Rule—Continuous Compliance 

Requirements 

60.3033 How do I demonstrate continuous 

compliance with the emission 

limitations and the operating limits? 

60.3034 By what date must I conduct the 

annual performance test? 

60.3035 May I conduct performance testing 

less often? 

60.3036 May I conduct a repeat 

performance test to establish new 

operating limits? 

Model Rule—Monitoring 

60.3038 What continuous emission 

monitoring systems must I install? 

60.3039 How do I make sure my continuous 

emission monitoring systems are 

operating correctly? 

60.3040 What is my schedule for evaluating 

continuous emission monitoring 

systems? 

60.3041 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring 

systems, and is the data collection 

requirement enforceable? 

60.3042 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

60.3043 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I 

monitor? 

60.3044 Is there a minimum amount of 

operating parameter monitoring data I 

must obtain? 

Model Rule—Recordkeeping and Reporting 

60.3046 What records must I keep? 

60.3047 Where and in what format must I 

keep my records? 

60.3048 What reports must I submit? 

60.3049 What information must I submit 

following my initial performance test? 

60.3050 When must I submit my annual 

report? 

60.3051 What information must I include in 

my annual report? 

60.3052 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.3053 What must I include in the 

deviation report? 

60.3054 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.3055 Are there any other notifications or 

reports that I must submit? 

60.3056 In what form can I submit my 

reports? 

60.3057 Can reporting dates be changed? 

Model Rule—Title V Operating Permits 

60.3059 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

60.3060 When must I submit a title V 

permit application for my existing unit? 

Model Rule—Temporary-Use Incinerators 

and Air Curtain Incinerators Used in 

Disaster Recovery 

60.3061 What are the requirements for 

temporary-use incinerators and air 

curtain incinerators used in disaster 

recovery? 

Model Rule—Air Curtain Incinerators That 

Burn Only Wood Waste, Clean Lumber, and 

Yard Waste 

60.3062 What is an air curtain incinerator? 

60.3063 When must I comply if my air 

curtain incinerator burns only wood 

waste, clean lumber, and yard waste? 

60.3064 What must I do if I close my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste and 

then restart it? 

60.3065 What must I do if I plan to 

permanently close my air curtain 

incinerator that burns only wood waste, 

clean lumber, and yard waste and not 

restart it? 

60.3066 What are the emission limitations 

for air curtain incinerators that burn only 

wood waste, clean lumber, and yard 

waste? 

60.3067 How must I monitor opacity for air 

curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

60.3068 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

60.3069 Am I required to apply for and 

obtain a title V operating permit for my 

air curtain incinerator that burns only 

wood waste, clean lumber, and yard 

waste? 

Model Rule—Equations 

60.3076 What equations must I use? 

Model Rule—Definitions 

60.3078 What definitions must I know? 

Tables to Subpart FFFF of Part 60 

Table 1 to Subpart FFFF of Part 60—Model 

Rule—Compliance Schedule 

Table 2 to Subpart FFFF of Part 60—Model 

Rule—Emission Limitations 

Table 3 to Subpart FFFF of Part 60—Model 

Rule—Operating Limits for Incinerators 

and Wet Scrubbers 

Table 4 to Subpart FFFF of Part 60—Model 

Rule—Requirements for Continuous 

Emission Monitoring Systems (CEMS) 

Table 5 to Subpart FFFF of Part 60—Model 

Rule—Summary of Reporting 

Requirements a

Subpart FFFF—Emission Guidelines and 

Compliance Times for Other Solid Waste 

Incineration Units That Commenced 

Construction On or Before December 9, 

2004 

Introduction 

§ 60.2980 What is the purpose of this 

subpart? 

This subpart establishes emission 

guidelines and compliance schedules 

for the control of emissions from other 

solid waste incineration (OSWI) units. 

The pollutants addressed by these 

emission guidelines are listed in Table 

2 of this subpart. These emission 

guidelines are developed in accordance 

with sections 111(d) and 129 of the 

Clean Air Act and subpart B of this part. 

§ 60.2981 Am I affected by this subpart? 

(a) If you are the Administrator of an 

air quality program in a State or United 

States protectorate with one or more 

existing OSWI units or air curtain 

incinerators subject to this subpart as 

described in § 60.2994(b) that 

commenced construction on or before 

December 9, 2004, you must submit a 

State plan to the U.S. Environmental 

Protection Agency (EPA) that 

implements the emission guidelines 

contained in this subpart. 

(b) You must submit the State plan to 

EPA by December 18, 2006. 

§ 60.2982 Is a State plan required for all 

States? 

No, you are not required to submit a 

State plan if there are no existing OSWI 

units or air curtain incinerators subject 

to this subpart as described in 

§ 60.2994(b) in your State and you 

submit a negative declaration letter in 

place of the State plan. 

§ 60.2983 What must I include in my State 

plan? 

(a) You must include the following 

nine items in your State plan: 

(1) Inventory of affected incineration 

units, including those that have ceased 

operation but have not been dismantled. 

(2) Inventory of emissions from 

affected incineration units in your State. 

(3) Compliance schedules for each 

affected incineration unit. 

(4) For each affected incineration unit, 

emission limitations, operator training 

and qualification requirements, a waste 

management plan, and operating 

parameter requirements that are at least 

as protective as the emission guidelines 

contained in this subpart. 

(5) Stack testing, recordkeeping, and 

reporting requirements. 

(6) Transcript of the public hearing on 

the State plan. 

(7) Provision for State progress reports 

to EPA. 

(8) Identification of enforceable State 

mechanisms that you selected for 

implementing the emission guidelines 

of this subpart. 

(9) Demonstration of your State’s legal 

authority to carry out the sections 

111(d) and 129 in your State plan. 

(b) Your State plan may deviate from 

the format and content of the emission 

guidelines contained in this subpart. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74909 

However, if your State plan does 

deviate, you must demonstrate that your 

State plan is at least as protective as the 

emission guidelines contained in this 

subpart. Your State plan must address 

regulatory applicability, compliance 

schedule, operator training and 

qualification, a waste management plan, 

emission limitations, stack testing, 

operating parameter requirements, 

monitoring, recordkeeping and 

reporting, and air curtain incinerator 

requirements. 

(c) You must follow the requirements 

of subpart B of this part (Adoption and 

Submittal of State Plans for Designated 

Facilities) in your State plan. 

§ 60.2984 Is there an approval process for 

my State plan? 

Yes, EPA will review your State plan 

according to § 60.27. 

§ 60.2985 What if my State plan is not 

approvable? 

If you do not submit an approvable 

State plan (or a negative declaration 

letter) by December 17, 2007, EPA will 

develop a Federal plan according to 

§ 60.27 to implement the emission 

guidelines contained in this subpart. 

Owners and operators of incineration 

units not covered by an approved State 

plan must comply with the Federal 

plan. The Federal plan is an interim 

action and applies to units until a State 

plan covering those units is approved 

and becomes effective. 

§ 60.2986 Is there an approval process for 

a negative declaration letter? 

No, EPA has no formal review process 

for negative declaration letters. Once we 

receive your negative declaration letter, 

we will place a copy in the public 

docket and publish a notice in the 

Federal Register. If, at a later date, an 

existing incineration unit is found in 

your State, the Federal plan 

implementing the emission guidelines 

contained in this subpart would 

automatically apply to that unit until 

your State plan is approved. 

§ 60.2987 What compliance schedule must 

I include in my State plan? 

Your State plan must include 

compliance schedules that require 

OSWI units and air curtain incinerators 

subject to this subpart as described in 

§ 60.2994(b) to achieve final compliance 

as expeditiously as practicable after 

approval of the State plan but not later 

than the earlier of the following two 

dates: 

(a) December 16, 2010. 

(b) Three years after the effective date 

of State plan approval. 

§ 60.2988 Are there any State plan 

requirements for this subpart that apply 

instead of the requirements specified in 

subpart B of this part? 

Yes, subpart B of this part establishes 

general requirements for developing and 

processing section 111(d) plans. This 

subpart applies instead of the 

requirements in subpart B of this part 

for the following: 

(a) State plans developed to 

implement this subpart must be as 

protective as the emission guidelines 

contained in this subpart. State plans 

must require all OSWI units and air 

curtain incinerators subject to this 

subpart as described in § 60.2994(b) to 

comply by December 16, 2010 or 3 years 

after the effective date of State plan 

approval, whichever is sooner. This 

applies instead of the option for case-bycase less stringent emission standards 

and longer compliance schedules in 

§ 60.24(f). 

(b) State plans developed to 

implement this subpart are required to 

include only one increment of progress 

for the affected incineration units. This 

increment is the final compliance date 

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

the requirement of § 60.24(e)(1). 

§ 60.2989 Does this subpart directly affect 

incineration unit owners and operators in 

my State? 

(a) No, this subpart does not directly 

affect incineration unit owners and 

operators in your State. However, unit 

owners and operators must comply with 

the State plan you develop to 

implement the emission guidelines 

contained in this subpart. 

(b) If you do not submit an approvable 

plan to implement and enforce the 

guidelines contained in this subpart by 

December 17, 2007, EPA will implement 

and enforce a Federal plan, as provided 

in § 60.2985, to ensure that each unit 

within your State reaches compliance 

with all the provisions of this subpart by 

December 16, 2010. 

§ 60.2990 What Authorities are withheld by 

EPA? 

The following authorities are 

withheld by EPA and not transferred to 

the State, local or tribal agency: 

(1) Approval of alternatives to the 

emission limitations in Table 2 of this 

subpart and operating limits established 

under § 60.3023 and Table 3 of this 

subpart. 

(2) Approval of petitions for specific 

operating limits in § 60.3024. 

(3) Approval of major alternatives to 

test methods. 

(4) Approval of major alternatives to 

monitoring. 

(5) Approval of major alternatives to 

recordkeeping and reporting. 

(6) The status report requirements in 

§ 60.3020(c)(2). 

Applicability of State Plans 

§ 60.2991 What incineration units must I 

address in my State plan? 

Your State plan must address all 

incineration units in your State that 

meet all the requirements specified in 

paragraphs (a) through (c) of this 

section. 

(a) The incineration unit is an existing 

incineration unit as defined in 

§ 60.2992. 

(b) The incineration unit is an OSWI 

unit as defined in § 60.3078 or an air 

curtain incinerator subject to this 

subpart as described in § 60.2994(b). 

OSWI units are very small municipal 

waste combustion units and 

institutional waste incineration units as 

defined in § 60.3078. 

(c) The incineration unit is not 

excluded under § 60.2993. 

§ 60.2992 What is an existing incineration 

unit? 

An existing incineration unit is an 

OSWI unit or air curtain incinerator 

subject to this subpart that commenced 

construction on or before December 9, 

2004, except as provided in paragraph 

(a) of this section. 

(a) If the owner or operator of an 

incineration unit makes changes that 

meet the definition of modification or 

reconstruction on or after June 16, 2006, 

the unit becomes subject to subpart 

EEEE of this part (New Source 

Performance Standards for Other Solid 

Waste Incineration Units) and the State 

plan no longer applies to that unit. 

(b) If the owner or operator of an 

existing incineration unit makes 

physical or operational changes to the 

unit primarily to comply with the State 

plan, then subpart EEEE of this part 

does not apply to that unit. Such 

changes do not qualify as modifications 

or reconstructions under subpart EEEE 

of this part. 

§ 60.2993 Are any combustion units 

excluded from my State plan? 

This subpart excludes the types of 

units described in paragraphs (a) 

through (q) of this section, as long as the 

owner/operator meets the requirements 

of this section. 

(a) Cement kilns. The unit is excluded 

if it is regulated under subpart LLL of 

part 63 of this chapter (National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry). 

(b) Co-fired combustors. The unit, that 

would otherwise be considered a very 

small municipal waste combustion unit, 

is excluded if the owner/operator of the 

74910 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

unit meets the five requirements 

specified in paragraphs (b)(1) through 

(5) of this section. 

(1) Has a Federally enforceable permit 

limiting the combustion of municipal 

solid waste to 30 percent of the total 

fuel input by weight. 

(2) Notifies the Administrator that the 

unit qualifies for the exclusion. 

(3) Provides the Administrator with a 

copy of the Federally enforceable 

permit. 

(4) Records the weights, each calendar 

quarter, of municipal solid waste and of 

all other fuels combusted. 

(5) Keeps each report for 5 years. 

These records must be kept on site for 

at least 2 years, but may be kept off site 

for the remaining 3 years. 

(c) Cogeneration facilities. The unit is 

excluded if it meets the three 

requirements specified in paragraphs 

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

(1) The unit qualifies as a 

cogeneration facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity and steam or 

other forms of energy used for 

industrial, commercial, heating, or 

cooling purposes. 

(3) The owner/operator of the unit 

notifies the Administrator that the unit 

meets all of these criteria. 

(d) Commercial and industrial solid 

waste incineration units. The unit is 

excluded if it is regulated under 

subparts CCCC or DDDD of this part or 

subpart III of part 62 and is required to 

meet the emission limitations 

established in those subparts. 

(e) Hazardous waste combustion 

units. The unit is excluded if it meets 

either of the two criteria specified in 

paragraph (e)(1) or (2) of this section. 

(1) The owner/operator of the unit is 

required to get a permit for the unit 

under section 3005 of the Solid Waste 

Disposal Act. 

(2) The unit is regulated under 40 CFR 

part 63, subpart EEE (National Emission 

Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors). 

(f) Hospital/medical/infectious waste 

incinerators. The unit is excluded if it 

is regulated under subparts Ce or Ec of 

this part (New Source Performance 

Standards and Emission Guidelines for 

Hospital/Medical/Infectious Waste 

Incinerators) or subpart HHH of part 62 

(Federal Plan for Hospital/Medical/ 

Infectious Waste Incinerators 

constructed on or before June 20, 1996). 

(g) Incinerators and air curtain 

incinerators in isolated areas of Alaska. 

The incineration unit is excluded if it is 

used at a solid waste disposal site in 

Alaska that is classified as a Class II or 

Class III municipal solid waste landfill, 

as defined in § 60.3078. 

(h) Rural institutional waste 

incinerators. The incineration unit is 

excluded if it is an institutional waste 

incinerator, as defined in § 60.3078, and 

the application for exclusion described 

in paragraphs (h)(1) and (2) of this 

section has been approved by the 

Administrator. 

(1) Prior to 1 year before the final 

compliance date, an application and 

supporting documentation 

demonstrating that the institutional 

waste incineration unit meets the two 

requirements specified in paragraphs 

(h)(1)(i) and (ii) of this section must be 

submitted to the Administrator for 

approval. 

(i) The unit is located more than 50 

miles from the boundary of the nearest 

Metropolitan Statistical Area, 

(ii) Alternative disposal options are 

not available or are economically 

infeasible. 

(2) The application described in 

paragraph (h)(1) of this section must be 

revised and resubmitted to the 

Administrator for approval every 5 years 

following the initial approval of the 

exclusion for your unit. 

(3) If you re-applied for an exclusion 

pursuant to paragraph (h)(2) of this 

section and were denied exclusion by 

the Administrator, you have 3 years 

from the expiration date of the current 

exclusion to comply with the emission 

limits and all other applicable 

requirements of this subpart. 

(i) Institutional boilers and process 

heaters. The unit is excluded if it is 

regulated under 40 CFR part 63, subpart 

DDDDD (National Emission Standards 

for Hazardous Air Pollutants for 

Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters). 

(j) Laboratory Analysis Units. The unit 

is excluded if it burns samples of 

materials only for the purpose of 

chemical or physical analysis. 

(k) Materials recovery units. The unit 

is excluded if it combusts waste for the 

primary purpose of recovering metals. 

Examples include primary and 

secondary smelters. 

(l) Pathological waste incineration 

units. The institutional waste 

incineration unit or very small 

municipal waste combustion unit is 

excluded from this subpart if it burns 90 

percent or more by weight (on a 

calendar quarter basis and excluding the 

weight of auxiliary fuel and combustion 

air) of pathological waste, low-level 

radioactive waste, and/or 

chemotherapeutic waste as defined in 

§ 60.3078 and the owner/operator of the 

unit notifies the Administrator that the 

unit meets these criteria. 

(m) Small or large municipal waste 

combustion units. The unit is excluded 

if it is regulated under subparts AAAA, 

BBBB, Ea, Eb, or Cb, of this part or 

subparts FFF or JJJ of part 62 and is 

required to meet the emission 

limitations established in those 

subparts. 

(n) Small power production facilities. 

The unit is excluded if it meets the three 

requirements specified in paragraphs 

(n)(1) through (3) of this section. 

(1) The unit qualifies as a small 

power-production facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity. 

(3) The owner/operator of the unit 

notifies the Administrator that the unit 

meets all of these criteria. 

(o) Temporary-use incinerators and 

air curtain incinerators used in disaster 

recovery. The incineration unit is 

excluded if it is used on a temporary 

basis to combust debris from a disaster 

or emergency such as a tornado, 

hurricane, flood, ice storm, high winds, 

or act of bioterrorism and you comply 

with the requirements in § 60.3061. 

(p) Units that combust contraband or 

prohibited goods. The incineration unit 

is excluded if the unit is owned or 

operated by a government agency such 

as police, customs, agricultural 

inspection, or a similar agency to 

destroy only illegal or prohibited goods 

such as illegal drugs, or agricultural 

food products that can not be 

transported into the country or across 

state lines to prevent biocontamination. 

The exclusion does not apply to items 

either confiscated or incinerated by 

private, industrial, or commercial 

entities. 

(q) Incinerators used for national 

security. Your incineration unit is 

excluded if it meets the requirements 

specified in either (q)(1) or (2) of this 

section. 

(1) The incineration unit is used 

solely during military training field 

exercises to destroy national security 

materials integral to the field exercises. 

(2) The incineration unit is used 

solely to incinerate national security 

materials, its use is necessary to 

safeguard national security, you follow 

the exclusion request requirements in 

paragraphs (q)(2)(i) and (ii) of this 

section, and the Administrator has 

approved your request for exclusion. 

(i) The request for exclusion and 

supporting documentation must 

demonstrate both that the incineration 

unit is used solely to destroy national 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74911 

security materials and that a reliable 

alternative to incineration that ensures 

acceptable destruction of national 

security materials is unavailable, on 

either a permanent or temporary basis. 

(ii) The request for exclusion must be 

submitted to the Administrator prior to 

1 year before the final compliance date. 

§ 60.2994 Are air curtain incinerators 

regulated under this subpart? 

(a) Air curtain incinerators that burn 

less than 35 tons per day of municipal 

solid waste or air curtain incinerators 

located at institutional facilities burning 

any amount of institutional waste 

generated at that facility are subject to 

all requirements of this subpart, 

including the emission limitations 

specified in Table 2 of this subpart. 

(b) Air curtain incinerators that burn 

only less than 35 tons per day of the 

materials listed in paragraphs (b)(1) 

through (4) of this section collected 

from the general public and from 

residential, commercial, institutional, 

and industrial sources; or, air curtain 

incinerators located at institutional 

facilities that burn only the materials 

listed in paragraphs (b)(1) through (4) of 

this section generated at that facility, are 

required to meet only the requirements 

in §§ 60.3062 through 60.3069 and are 

exempt from all other requirements of 

this subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

Model Rule—Use of Model Rule 

§ 60.2996 What is the purpose of the 

‘‘model rule’’ in this subpart? 

(a) The model rule provides the 

emission guidelines requirements in a 

standard regulation format. You must 

develop a State plan that is at least as 

protective as the model rule. You may 

use the model rule language as part of 

your State plan. Alternative language 

may be used in your State plan if you 

demonstrate that the alternative 

language is at least as protective as the 

model rule contained in this subpart. 

(b) In the ‘‘model rule’’ of §§ 60.3000 

through 60.3078, ‘‘you’’ means the 

owner or operator of an OSWI unit or 

air curtain incinerator subject to this 

subpart. 

§ 60.2997 How does the model rule relate 

to the required elements of my State plan? 

Use the model rule to satisfy the State 

plan requirements specified in 

§ 60.2983(a)(4) and (5). 

§ 60.2998 What are the principal 

components of the model rule? 

The model rule contains nine major 

components, as follows: 

(a) Compliance schedule. 

(b) Waste management plan. 

(c) Operator training and 

qualification. 

(d) Emission limitations and operating 

limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance 

requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

Model Rule—Compliance Schedule 

§ 60.3000 When must I comply? 

Table 1 of this subpart specifies the 

final compliance date. You must submit 

a notification to the Administrator 

stating whether final compliance has 

been achieved, postmarked within 10 

business days after the final compliance 

date in Table 1 of this subpart. 

§ 60.3001 What must I do if I close my 

OSWI unit and then restart it? 

(a) If you close your OSWI unit but 

will reopen it prior to the final 

compliance date in your State plan, you 

must meet the final compliance date 

specified in Table 1 of this subpart. 

(b) If you close your OSWI unit but 

will restart it after your final compliance 

date, you must complete emission 

control retrofit and meet the emission 

limitations on the date your OSWI unit 

restarts operation. You must conduct 

your initial performance test within 30 

days of restarting your OSWI unit. 

§ 60.3002 What must I do if I plan to 

permanently close my OSWI unit and not 

restart it? 

You must close the unit before the 

final compliance date specified in Table 

1 of this subpart. 

Model Rule—Waste Management Plan 

§ 60.3010 What is a waste management 

plan? 

A waste management plan is a written 

plan that identifies both the feasibility 

and the methods used to reduce or 

separate certain components of solid 

waste from the waste stream in order to 

reduce or eliminate toxic emissions 

from incinerated waste. 

§ 60.3011 When must I submit my waste 

management plan? 

You must submit a waste management 

plan no later than 60 days following the 

initial performance test as specified in 

Table 5 of this subpart. Section 60.3031 

specifies the date by which you are 

required to conduct your performance 

test. 

§ 60.3012 What should I include in my 

waste management plan? 

A waste management plan must 

include consideration of the reduction 

or separation of waste-stream elements 

such as paper, cardboard, plastics, glass, 

batteries, or metals; or the use of 

recyclable materials. The plan must 

identify any additional waste 

management measures and implement 

those measures the source considers 

practical and feasible, considering the 

effectiveness of waste management 

measures already in place, the costs of 

additional measures, the emissions 

reductions expected to be achieved, and 

any other environmental or energy 

impacts they might have. 

Model Rule—Operator Training and 

Qualification 

§ 60.3014 What are the operator training 

and qualification requirements? 

(a) No OSWI unit can be operated 

unless a fully trained and qualified 

OSWI unit operator is accessible, either 

at the facility or can be at the facility 

within 1 hour. The trained and qualified 

OSWI unit operator may operate the 

OSWI unit directly or be the direct 

supervisor of one or more other plant 

personnel who operate the unit. If all 

qualified OSWI unit operators are 

temporarily not accessible, you must 

follow the procedures in § 60.3020. 

(b) Operator training and qualification 

must be obtained through a Stateapproved program or by completing the 

requirements included in paragraph (c) 

of this section. 

(c) Training must be obtained by 

completing an incinerator operator 

training course that includes, at a 

minimum, the three elements described 

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

section. 

(1) Training on the 13 subjects listed 

in paragraphs (c)(1)(i) through (xiii) of 

this section. 

(i) Environmental concerns, including 

types of emissions. 

(ii) Basic combustion principles, 

including products of combustion. 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, waste 

charging, and shutdown procedures. 

(iv) Combustion controls and 

monitoring. 

(v) Operation of air pollution control 

equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices. 

(vii) Methods to monitor pollutants 

(including monitoring of incinerator and 

control device operating parameters) 

74912 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

and monitoring equipment calibration 

procedures, where applicable. 

(viii) Actions to correct malfunctions 

or conditions that may lead to 

malfunction. 

(ix) Bottom and fly ash characteristics 

and handling procedures. 

(x) Applicable Federal, State, and 

local regulations, including 

Occupational Safety and Health 

Administration workplace standards. 

(xi) Pollution prevention. 

(xii) Waste management practices. 

(xiii) Recordkeeping requirements. 

(2) An examination designed and 

administered by the instructor. 

(3) Written material covering the 

training course topics that may serve as 

reference material following completion 

of the course. 

§ 60.3015 When must the operator training 

course be completed? 

The operator training course must be 

completed by the latest of the three 

dates specified in paragraphs (a) 

through (c) of this section. 

(a) The final compliance date 

specified in Table 1 of this subpart. 

(b) Six months after your OSWI unit 

startup. 

(c) Six months after an employee 

assumes responsibility for operating the 

OSWI unit or assumes responsibility for 

supervising the operation of the OSWI 

unit. 

§ 60.3016 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 60.3014(c). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 60.3014(c)(2). 

§ 60.3017 How do I maintain my operator 

qualification? 

To maintain qualification, you must 

complete an annual review or refresher 

course covering, at a minimum, the five 

topics described in paragraphs (a) 

through (e) of this section. 

(a) Update of regulations. 

(b) Incinerator operation, including 

startup and shutdown procedures, waste 

charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Responses to malfunctions or 

conditions that may lead to 

malfunction. 

(e) Discussion of operating problems 

encountered by attendees. 

§ 60.3018 How do I renew my lapsed 

operator qualification? 

You must renew a lapsed operator 

qualification by one of the two methods 

specified in paragraphs (a) and (b) of 

this section. 

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

you must complete a standard annual 

refresher course described in § 60.3017. 

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

must repeat the initial qualification 

requirements in § 60.3016(a). 

§ 60.3019 What site-specific 

documentation is required? 

(a) Documentation must be available 

at the facility and readily accessible for 

all OSWI unit operators that addresses 

the nine topics described in paragraphs 

(a)(1) through (9) of this section. You 

must maintain this information and the 

training records required by paragraph 

(c) of this section in a manner that they 

can be readily accessed and are suitable 

for inspection upon request. 

(1) Summary of the applicable 

standards under this subpart. 

(2) Procedures for receiving, handling, 

and charging waste. 

(3) Incinerator startup, shutdown, and 

malfunction procedures. 

(4) Procedures for maintaining proper 

combustion air supply levels. 

(5) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(6) Monitoring procedures for 

demonstrating compliance with the 

operating limits established under this 

subpart. 

(7) Reporting and recordkeeping 

procedures. 

(8) The waste management plan 

required under §§ 60.3010 through 

60.3012. 

(9) Procedures for handling ash. 

(b) You must establish a program for 

reviewing the information listed in 

paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the 

information listed in paragraph (a) of 

this section must be conducted by the 

latest of three dates specified in 

paragraphs (b)(1)(i) through (iii) of this 

section. 

(i) The final compliance date 

specified in Table 1 of this subpart. 

(ii) Six months after your OSWI unit 

startup. 

(iii) Six months after an employee 

assumes responsibility for operating the 

OSWI unit or assumes responsibility for 

supervising the operation of the OSWI 

unit. 

(2) Subsequent annual reviews of the 

information listed in paragraph (a) of 

this section must be conducted not later 

than 12 months following the previous 

review. 

(c) You must also maintain the 

information specified in paragraphs 

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

(1) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

paragraph (a) of this section as required 

by paragraph (b) of this section, 

including the date of the initial review 

and all subsequent annual reviews. 

(2) Records showing the names of the 

OSWI unit operators who have 

completed the operator training 

requirements under § 60.3014, met the 

criteria for qualification under 

§ 60.3016, and maintained or renewed 

their qualification under § 60.3017 or 

§ 60.3018. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(3) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

§ 60.3020 What if all the qualified 

operators are temporarily not accessible? 

If all qualified operators are 

temporarily not accessible (i.e., not at 

the facility and not able to be at the 

facility within 1 hour), you must meet 

one of the three criteria specified in 

paragraphs (a) through (c) of this 

section, depending on the length of time 

that a qualified operator is not 

accessible. 

(a) When all qualified operators are 

not accessible for 12 hours or less, the 

OSWI unit may be operated by other 

plant personnel familiar with the 

operation of the OSWI unit who have 

completed review of the information 

specified in § 60.3019(a) within the past 

12 months. You do not need to notify 

the Administrator or include this as a 

deviation in your annual report. 

(b) When all qualified operators are 

not accessible for more than 12 hours, 

but less than 2 weeks, the OSWI unit 

may be operated by other plant 

personnel familiar with the operation of 

the OSWI unit who have completed a 

review of the information specified in 

§ 60.3019(a) within the past 12 months. 

However, you must record the period 

when all qualified operators were not 

accessible and include this deviation in 

the annual report as specified under 

§ 60.3051. 

(c) When all qualified operators are 

not accessible for 2 weeks or more, you 

must take the two actions that are 

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

this section. 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74913 

and when you anticipate that a qualified 

operator will be accessible. 

(2) Submit a status report to EPA 

every 4 weeks outlining what you are 

doing to ensure that a qualified operator 

is accessible, stating when you 

anticipate that a qualified operator will 

be accessible and requesting approval 

from EPA to continue operation of the 

OSWI unit. You must submit the first 

status report 4 weeks after you notify 

the Administrator of the deviation 

under paragraph (c)(1) of this section. If 

EPA notifies you that your request to 

continue operation of the OSWI unit is 

disapproved, the OSWI unit may 

continue operation for 90 days, then 

must cease operation. Operation of the 

unit may resume if you meet the two 

requirements in paragraphs (c)(2)(i) and 

(ii) of this section. 

(i) A qualified operator is accessible 

as required under § 60.3014(a). 

(ii) You notify EPA that a qualified 

operator is accessible and that you are 

resuming operation. 

Model Rule—Emission Limitations and 

Operating Limits 

§ 60.3022 What emission limitations must I 

meet and by when? 

You must meet the emission 

limitations specified in Table 2 of this 

subpart on the date the initial 

performance test is required or 

completed (whichever is earlier). 

Section 60.3031 specifies the date by 

which you are required to conduct your 

performance test. 

§ 60.3023 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber to 

comply with the emission limitations, 

you must establish operating limits for 

four operating parameters (as specified 

in Table 3 of this subpart) as described 

in paragraphs (a)(1) through (4) of this 

section during the initial performance 

test. 

(1) Maximum charge rate, calculated 

using one of the two different 

procedures in paragraphs (a)(1)(i) or (ii) 

of this section, as appropriate. 

(i) For continuous and intermittent 

units, maximum charge rate is the 

average charge rate measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(ii) For batch units, maximum charge 

rate is the charge rate measured during 

the most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(2) Minimum pressure drop across the 

wet scrubber, which is calculated as the 

average pressure drop across the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with the particulate matter 

emission limitations; or minimum 

amperage to the wet scrubber, which is 

calculated as the average amperage to 

the wet scrubber measured during the 

most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquor flow 

rate, which is calculated as the average 

liquor flow rate at the inlet to the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with all applicable emission 

limitations. 

(4) Minimum scrubber liquor pH, 

which is calculated as the average liquor 

pH at the inlet to the wet scrubber 

measured during the most recent 

performance test demonstrating 

compliance with the hydrogen chloride 

and sulfur dioxide emission limitations. 

(b) You must meet the operating 

limits established during the initial 

performance test beginning on the date 

180 days after your final compliance 

date in Table 1 of this subpart. 

§ 60.3024 What if I do not use a wet 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber or limit 

emissions in some other manner to 

comply with the emission limitations 

under § 60.3022, you must petition EPA 

for specific operating limits, the values 

of which are to be established during 

the initial performance test and then 

continuously monitored thereafter. You 

must not conduct the initial 

performance test until after the petition 

has been approved by EPA. Your 

petition must include the five items 

listed in paragraphs (a) through (e) of 

this section. 

(a) Identification of the specific 

parameters you propose to use as 

operating limits. 

(b) A discussion of the relationship 

between these parameters and emissions 

of regulated pollutants, identifying how 

emissions of regulated pollutants 

change with changes in these 

parameters, and how limits on these 

parameters will serve to limit emissions 

of regulated pollutants. 

(c) A discussion of how you will 

establish the upper and/or lower values 

for these parameters that will establish 

the operating limits on these 

parameters. 

(d) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

these parameters, as well as the relative 

accuracy and precision of these methods 

and instruments. 

(e) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

§ 60.3025 What happens during periods of 

startup, shutdown, and malfunction? 

The emission limitations and 

operating limits apply at all times 

except during OSWI unit startups, 

shutdowns, or malfunctions. 

Model Rule—Performance Testing 

§ 60.3027 How do I conduct the initial and 

annual performance test? 

(a) All performance tests must consist 

of a minimum of three test runs 

conducted under conditions 

representative of normal operations. 

(b) All performance tests must be 

conducted using the methods in Table 

2 of this subpart. 

(c) All performance tests must be 

conducted using the minimum run 

duration specified in Table 2 of this 

subpart. 

(d) Method 1 of appendix A of this 

part must be used to select the sampling 

location and number of traverse points. 

(e) Method 3A or 3B of appendix A 

of this part must be used for gas 

composition analysis, including 

measurement of oxygen concentration. 

Method 3A or 3B of appendix A of this 

part must be used simultaneously with 

each method. 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using Equation 1 in 

§ 60.3076. 

(g) Method 26A of appendix A of this 

part must be used for hydrogen chloride 

concentration analysis, with the 

additional requirements specified in 

paragraphs (g)(1) through (3) of this 

section. 

(1) The probe and filter must be 

conditioned prior to sampling using the 

procedure described in paragraphs 

(g)(1)(i) through (iii) of this section. 

(i) Assemble the sampling train(s) and 

conduct a conditioning run by 

collecting between 14 liters per minute 

(0.5 cubic feet per minute) and 30 liters 

per minute (1.0 cubic feet per minute) 

of gas over a 1-hour period. Follow the 

sampling procedures outlined in section 

8.1.5 of Method 26A of appendix A of 

this part. For the conditioning run, 

water can be used as the impinger 

solution. 

(ii) Remove the impingers from the 

sampling train and replace with a fresh 

impinger train for the sampling run, 

leaving the probe and filter (and 

cyclone, if used) in position. Do not 

recover the filter or rinse the probe 

before the first run. Thoroughly rinse 

the impingers used in the 

74914 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

preconditioning run with deionized 

water and discard these rinses. 

(iii) The probe and filter assembly are 

conditioned by the stack gas and are not 

recovered or cleaned until the end of 

testing. 

(2) For the duration of sampling, a 

temperature around the probe and filter 

(and cyclone, if used) between 120 °C 

(248 °F) and 134 °C (273 °F) must be 

maintained. 

(3) If water droplets are present in the 

sample gas stream, the requirements 

specified in paragraphs (g)(3)(i) and (ii) 

of this section must be met. 

(i) The cyclone described in section 

6.1.4 of Method 26A of appendix A of 

this part must be used. 

(ii) The post-test moisture removal 

procedure described in section 8.1.6 of 

Method 26A of appendix A of this part 

must be used. 

§ 60.3028 How are the performance test 

data used? 

You use results of performance tests 

to demonstrate compliance with the 

emission limitations in Table 2 of this 

subpart. 

Model Rule—Initial Compliance 

Requirements 

§ 60.3030 How do I demonstrate initial 

compliance with the emission limitations 

and establish the operating limits? 

You must conduct an initial 

performance test, as required under 

§ 60.8, to determine compliance with 

the emission limitations in Table 2 of 

this subpart and to establish operating 

limits using the procedure in § 60.3023 

or § 60.3024. The initial performance 

test must be conducted using the test 

methods listed in Table 2 of this subpart 

and the procedures in § 60.3027. 

§ 60.3031 By what date must I conduct the 

initial performance test? 

The initial performance test must be 

conducted no later than 180 days after 

your final compliance date. Your final 

compliance date is specified in Table 1 

of this subpart. 

Model Rule—Continuous Compliance 

Requirements 

§ 60.3033 How do I demonstrate 

continuous compliance with the emission 

limitations and the operating limits? 

(a) You must conduct an annual 

performance test for all of the pollutants 

in Table 2 of this subpart for each OSWI 

unit to determine compliance with the 

emission limitations. The annual 

performance test must be conducted 

using the test methods listed in Table 2 

of this subpart and the procedures in 

§ 60.3027. 

(b) You must continuously monitor 

carbon monoxide emissions to 

determine compliance with the carbon 

monoxide emissions limitation. Twelvehour rolling average values are used to 

determine compliance. A 12-hour 

rolling average value above the carbon 

monoxide emission limit in Table 2 

constitutes a deviation from the 

emission limitation. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.3023 or established under 

§ 60.3024. Three-hour rolling average 

values are used to determine 

compliance with the operating limits 

unless a different averaging period is 

established under § 60.3024. A 3-hour 

rolling average value (unless a different 

averaging period is established under 

§ 60.3024) above the established 

maximum or below the established 

minimum operating limits constitutes a 

deviation from the established operating 

limits. Operating limits do not apply 

during performance tests. 

§ 60.3034 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests within 12 months 

following the initial performance test. 

Conduct subsequent annual 

performance tests within 12 months 

following the previous one. 

§ 60.3035 May I conduct performance 

testing less often? 

(a) You can test less often for a given 

pollutant if you have test data for at 

least three consecutive annual tests, and 

all performance tests for the pollutant 

over that period show that you comply 

with the emission limitation. In this 

case, you do not have to conduct a 

performance test for that pollutant for 

the next 2 years. You must conduct a 

performance test during the 3rd year 

and no more than 36 months following 

the previous performance test. 

(b) If your OSWI unit continues to 

meet the emission limitation for the 

pollutant, you may choose to conduct 

performance tests for that pollutant 

every 3rd year, but each test must be 

within 36 months of the previous 

performance test. 

(c) If a performance test shows a 

deviation from an emission limitation 

for any pollutant, you must conduct 

annual performance tests for that 

pollutant until three consecutive annual 

performance tests for that pollutant all 

show compliance. 

§ 60.3036 May I conduct a repeat 

performance test to establish new operating 

limits? 

Yes, you may conduct a repeat 

performance test at any time to establish 

new values for the operating limits. The 

Administrator may request a repeat 

performance test at any time. 

Model Rule—Monitoring 

§ 60.3038 What continuous emission 

monitoring systems must I install? 

(a) You must install, calibrate, 

maintain, and operate continuous 

emission monitoring systems for carbon 

monoxide and for oxygen. You must 

monitor the oxygen concentration at 

each location where you monitor carbon 

monoxide. 

(b) You must install, evaluate, and 

operate each continuous emission 

monitoring system according to the 

‘‘Monitoring Requirements’’ in § 60.13. 

§ 60.3039 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 carbon monoxide 

and oxygen. 

(b) Complete your initial evaluation of 

the continuous emission monitoring 

systems within 180 days after your final 

compliance date in Table 1 of this 

subpart. 

(c) For initial and annual evaluations, 

collect data concurrently (or within 30 

to 60 minutes) using your carbon 

monoxide and oxygen continuous 

emission monitoring systems. To 

validate carbon monoxide concentration 

levels, use EPA Method 10, 10A, or 10B 

of appendix A of this part. Use EPA 

Method 3 or 3A to measure oxygen. 

Collect the data during each initial and 

annual evaluation of your continuous 

emission monitoring systems following 

the applicable performance 

specifications in appendix B of this part. 

Table 4 of this subpart shows the 

required span values and performance 

specifications that apply to each 

continuous emission monitoring system. 

(d) Follow the quality assurance 

procedures in Procedure 1 of appendix 

F of this part for each continuous 

emission monitoring system. The 

procedures include daily calibration 

drift and quarterly accuracy 

determinations. 

§ 60.3040 What is my schedule for 

evaluating continuous emission monitoring 

systems? 

(a) Conduct annual evaluations of 

your continuous emission monitoring 

systems no more than 12 months after 

the previous evaluation was conducted. 

(b) Evaluate your continuous emission 

monitoring systems daily and quarterly 

as specified in appendix F of this part. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74915 

§ 60.3041 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring systems, 

and is the data collection requirement 

enforceable? 

(a) Where continuous emission 

monitoring systems are required, obtain 

1-hour arithmetic averages. Make sure 

the averages for carbon monoxide are in 

parts per million by dry volume at 7 

percent oxygen. Use the 1-hour averages 

of oxygen data from your continuous 

emission monitoring system to 

determine the actual oxygen level and to 

calculate emissions at 7 percent oxygen. 

(b) Obtain at least two data points per 

hour in order to calculate a valid 1-hour 

arithmetic average. Section 60.13(e)(2) 

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 at 

least 75 percent of the operating hours 

per day for at least 90 percent of the 

operating days per calendar quarter. An 

operating day is any day the unit 

combusts any municipal or institutional 

solid waste. 

(d) If you do not obtain the minimum 

data required in paragraphs (a) through 

(c) of this section, you have deviated 

from the data collection requirement 

regardless of the emission level 

monitored. 

(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. 

(f) If continuous emission monitoring 

systems are temporarily unavailable to 

meet the data collection requirements, 

refer to Table 4 of this subpart. It shows 

alternate methods for collecting data 

when systems malfunction or when 

repairs, calibration checks, or zero and 

span checks keep you from collecting 

the minimum amount of data. 

§ 60.3042 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

(a) Use Equation 1 in § 60.3076 to 

calculate emissions at 7 percent oxygen. 

(b) Use Equation 2 in § 60.3076 to 

calculate the 12-hour rolling averages 

for concentrations of carbon monoxide. 

§ 60.3043 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I monitor? 

(a) If you are using a wet scrubber to 

comply with the emission limitations 

under § 60.3022, you must install, 

calibrate (to manufacturers’

specifications), maintain, and operate 

devices (or establish methods) for 

monitoring the value of the operating 

parameters used to determine 

compliance with the operating limits 

listed in Table 3 of this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in Table 3 of this subpart at all times. 

(b) You must install, calibrate (to 

manufacturers’ specifications), 

maintain, and operate a device or 

method for measuring the use of any 

stack that could be used to bypass the 

control device. The measurement must 

include the date, time, and duration of 

the use of the bypass stack. 

(c) If you are using a method or air 

pollution control device other than a 

wet scrubber to comply with the 

emission limitations under § 60.3022, 

you must install, calibrate (to the 

manufacturers’ specifications), 

maintain, and operate the equipment 

necessary to monitor compliance with 

the site-specific operating limits 

established using the procedures in 

§ 60.3024. 

§ 60.3044 Is there a minimum amount of 

operating parameter monitoring data I must 

obtain? 

(a) Except for monitor malfunctions, 

associated repairs, and required quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments of the monitoring system), 

you must conduct all monitoring at all 

times the OSWI unit is operating. 

(b) You must obtain valid monitoring 

data for at least 75 percent of the 

operating hours per day for at least 90 

percent of the operating days per 

calendar quarter. An operating day is 

any day the unit combusts any 

municipal or institutional solid waste. 

(c) If you do not obtain the minimum 

data required in paragraphs (a) and (b) 

of this section, you have deviated from 

the data collection requirement 

regardless of the operating parameter 

level monitored. 

(d) Do not use data recorded during 

monitor malfunctions, associated 

repairs, and required quality assurance 

or quality control activities for meeting 

the requirements of this subpart, 

including data averages and 

calculations. You must use all the data 

collected during all other periods in 

assessing compliance with the operating 

limits. 

Model Rule—Recordkeeping and 

Reporting 

§ 60.3046 What records must I keep? 

You must maintain the 14 items (as 

applicable) as specified in paragraphs 

(a) through (n) of this section for a 

period of at least 5 years. 

(a) Calendar date of each record. 

(b) Records of the data described in 

paragraphs (b)(1) through (8) of this 

section. 

(1) The OSWI unit charge dates, 

times, weights, and hourly charge rates. 

(2) Liquor flow rate to the wet 

scrubber inlet every 15 minutes of 

operation, as applicable. 

(3) Pressure drop across the wet 

scrubber system every 15 minutes of 

operation or amperage to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(5) For OSWI units that establish 

operating limits for controls other than 

wet scrubbers under § 60.3024, you 

must maintain data collected for all 

operating parameters used to determine 

compliance with the operating limits. 

(6) All 1-hour average concentrations 

of carbon monoxide emissions. 

(7) All 12-hour rolling average values 

of carbon monoxide emissions and all 3- 

hour rolling average values of 

continuously monitored operating 

parameters. 

(8) Records of the dates, times, and 

durations of any bypass of the control 

device. 

(c) Identification of calendar dates 

and times for which continuous 

emission monitoring systems or 

monitoring systems used to monitor 

operating limits were inoperative, 

inactive, malfunctioning, or out of 

control (except for downtime associated 

with zero and span and other routine 

calibration checks). Identify the 

pollutant emissions or operating 

parameters not measured, the duration, 

reasons for not obtaining the data, and 

a description of corrective actions taken. 

(d) Identification of calendar dates, 

times, and durations of malfunctions, 

and a description of the malfunction 

and the corrective action taken. 

(e) Identification of calendar dates 

and times for which monitoring data 

show a deviation from the carbon 

monoxide emissions limit in Table 2 of 

this subpart or a deviation from the 

operating limits in Table 3 of this 

subpart or a deviation from other 

operating limits established under 

§ 60.3024 with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(f) Calendar dates when continuous 

monitoring systems did not collect the 

minimum amount of data required 

under §§ 60.3041 and 60.3044. 

74916 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

(g) For carbon monoxide continuous 

emissions monitoring systems, 

document the results of your daily drift 

tests and quarterly accuracy 

determinations according to Procedure 1 

of appendix F of this part. 

(h) Records of the calibration of any 

monitoring devices required under 

§ 60.3043. 

(i) The results of the initial, annual, 

and any subsequent performance tests 

conducted to determine compliance 

with the emission limits and/or to 

establish operating limits, as applicable. 

Retain a copy of the complete test report 

including calculations and a description 

of the types of waste burned during the 

test. 

(j) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

§ 60.3019(a) as required by § 60.3019(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(k) Records showing the names of the 

OSWI unit operators who have 

completed the operator training 

requirements under § 60.3014, met the 

criteria for qualification under 

§ 60.3016, and maintained or renewed 

their qualification under § 60.3017 or 

§ 60.3018. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(l) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(m) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(n) The information listed in 

§ 60.3019(a). 

§ 60.3047 Where and in what format must 

I keep my records? 

(a) You must keep each record on site 

for at least 2 years. You may keep the 

records off site for the remaining 3 

years. 

(b) All records must be available in 

either paper copy or computer-readable 

format that can be printed upon request, 

unless an alternative format is approved 

by the Administrator. 

§ 60.3048 What reports must I submit? 

See Table 5 of this subpart for a 

summary of the reporting requirements. 

§ 60.3049 What information must I submit 

following my initial performance test? 

You must submit the information 

specified in paragraphs (a) through (c) of 

this section no later than 60 days 

following the initial performance test. 

All reports must be signed by the 

facilities manager. 

(a) The complete test report for the 

initial performance test results obtained 

under § 60.3030, as applicable. 

(b) The values for the site-specific 

operating limits established in § 60.3023 

or § 60.3024. 

(c) The waste management plan, as 

specified in §§ 60.3010 through 60.3012. 

§ 60.3050 When must I submit my annual 

report? 

You must submit an annual report no 

later than 12 months following the 

submission of the information in 

§ 60.3049. You must submit subsequent 

reports no more than 12 months 

following the previous report. 

§ 60.3051 What information must I include 

in my annual report? 

The annual report required under 

§ 60.3050 must include the ten items 

listed in paragraphs (a) through (j) of 

this section. If you have a deviation 

from the operating limits or the 

emission limitations, you must also 

submit deviation reports as specified in 

§§ 60.3052 through 60.3054. 

(a) Company name and address. 

(b) Statement by the owner or 

operator, with their name, title, and 

signature, certifying the truth, accuracy, 

and completeness of the report. Such 

certifications must also comply with the 

requirements of 40 CFR 70.5(d) or 40 

CFR 71.5(d). 

(c) Date of report and beginning and 

ending dates of the reporting period. 

(d) The values for the operating limits 

established pursuant to § 60.3023 or 

§ 60.3024. 

(e) If no deviation from any emission 

limitation or operating limit that applies 

to you has been reported, a statement 

that there was no deviation from the 

emission limitations or operating limits 

during the reporting period, and that no 

monitoring system used to determine 

compliance with the emission 

limitations or operating limits was 

inoperative, inactive, malfunctioning or 

out of control. 

(f) The highest recorded 12-hour 

average and the lowest recorded 12-hour 

average, as applicable, for carbon 

monoxide emissions and the highest 

recorded 3-hour average and the lowest 

recorded 3-hour average, as applicable, 

for each operating parameter recorded 

for the calendar year being reported. 

(g) Information recorded under 

§ 60.3046(b)(6) and (c) through (e) for 

the calendar year being reported. 

(h) If a performance test was 

conducted during the reporting period, 

the results of that test. 

(i) If you met the requirements of 

§ 60.3035(a) or (b), and did not conduct 

a performance test during the reporting 

period, you must state that you met the 

requirements of § 60.3035(a) or (b), and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all 

qualified OSWI unit operators were 

unavailable for more than 12 hours, but 

less than 2 weeks. 

§ 60.3052 What else must I report if I have 

a deviation from the operating limits or the 

emission limitations? 

(a) You must submit a deviation 

report if any recorded 3-hour average 

parameter level is above the maximum 

operating limit or below the minimum 

operating limit established under this 

subpart, if any recorded 12-hour average 

carbon monoxide emission rate is above 

the emission limitation, if the control 

device was bypassed, or if a 

performance test was conducted that 

showed a deviation from any emission 

limitation. 

(b) The deviation report must be 

submitted by August 1 of that year for 

data collected during the first half of the 

calendar year (January 1 to June 30), and 

by February 1 of the following year for 

data you collected during the second 

half of the calendar year (July 1 to 

December 31). 

§ 60.3053 What must I include in the 

deviation report? 

In each report required under 

§ 60.3052, for any pollutant or operating 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the 

seven items described in paragraphs (a) 

through (g) of this section. 

(a) The calendar dates and times your 

unit deviated from the emission 

limitations or operating limit 

requirements. 

(b) The averaged and recorded data 

for those dates. 

(c) Durations and causes of each 

deviation from the emission limitations 

or operating limits and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and any test report that documents the 

emission levels. 

(e) The dates, times, number, 

duration, and causes for monitor 

downtime incidents (other than 

downtime associated with zero, span, 

and other routine calibration checks). 

(f) Whether each deviation occurred 

during a period of startup, shutdown, or 

malfunction, or during another period. 

(g) The dates, times, and durations of 

any bypass of the control device. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74917 

§ 60.3054 What else must I report if I have 

a deviation from the requirement to have a 

qualified operator accessible? 

(a) If all qualified operators are not 

accessible for 2 weeks or more, you 

must take the two actions in paragraphs 

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

(1) Submit a notification of the 

deviation within 10 days that includes 

the three items in paragraphs (a)(1)(i) 

through (iii) of this section. 

(i) A statement of what caused the 

deviation. 

(ii) A description of what you are 

doing to ensure that a qualified operator 

is accessible. 

(iii) The date when you anticipate that 

a qualified operator will be available. 

(2) Submit a status report to EPA 

every 4 weeks that includes the three 

items in paragraphs (a)(2)(i) through (iii) 

of this section. 

(i) A description of what you are 

doing to ensure that a qualified operator 

is accessible. 

(ii) The date when you anticipate that 

a qualified operator will be accessible. 

(iii) Request approval from EPA to 

continue operation of the OSWI unit. 

(b) If your unit was shut down by 

EPA, under the provisions of 

§ 60.3020(c)(2), due to a failure to 

provide an accessible qualified operator, 

you must notify EPA that you are 

resuming operation once a qualified 

operator is accessible. 

§ 60.3055 Are there any other notifications 

or reports that I must submit? 

Yes, you must submit notifications as 

provided by § 60.7. 

§ 60.3056 In what form can I submit my 

reports? 

Submit initial, annual, and deviation 

reports electronically or in paper format, 

postmarked on or before the submittal 

due dates. 

§ 60.3057 Can reporting dates be 

changed? 

If the Administrator agrees, you may 

change the semiannual or annual 

reporting dates. See § 60.19(c) for 

procedures to seek approval to change 

your reporting date. 

Model Rule—Title V Operating Permits 

§ 60.3059 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

Yes, if you are subject to an applicable 

EPA-approved and effective Clean Air 

Act section 111(d)/129 State or Tribal 

plan or an applicable and effective 

Federal plan, you are required to apply 

for and obtain a title V operating permit 

unless you meet the relevant 

requirements for an exemption specified 

in § 60.2993. 

§ 60.3060 When must I submit a title V 

permit application for my existing unit? 

(a)(1) If your existing unit is not 

subject to an earlier permit application 

deadline, a complete title V permit 

application must be submitted on or 

before the earlier of the dates specified 

in paragraphs (a)(1)(i) through (iii) of 

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

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

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

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

(i) 12 months after the effective date 

of any applicable EPA-approved Clean 

Air Act section 111(d)/129 State or 

Tribal plan. 

(ii) 12 months after the effective date 

of any applicable Federal plan. 

(iii) December 16, 2008. 

(2) For any existing unit not subject to 

an earlier permit application deadline, 

the application deadline of 36 months 

after the promulgation of 40 CFR part 

60, subpart FFFF, applies regardless of 

whether or when any applicable Federal 

plan is effective, or whether or when 

any applicable Clean Air Act section 

111(d)/129 State or Tribal plan is 

approved by EPA and becomes effective. 

(b) If your existing unit is subject to 

title V as a result of some triggering 

requirement(s) other than those 

specified in paragraph (a) of this section 

(for example, a unit may be a major 

source or part of a major source), then 

your unit may be required to apply for 

a title V permit prior to the deadlines 

specified in paragraph (a). If more than 

one requirement triggers a source’s 

obligation to apply for a title V permit, 

the 12-month timeframe for filing a title 

V permit application is triggered by the 

requirement which first causes the 

source to be subject to title V. (See 

section 503(c) of the Clean Air Act and 

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

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

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

(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 Clean Air Act and 

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

You must submit a complete permit 

application by the relevant application 

deadline in order to operate after this 

date in compliance with Federal law. 

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

Clean Air Act and 40 CFR 70.7(b) and 

40 CFR 71.7(b).) 

Model Rule—Temporary-Use 

Incinerators and Air Curtain 

Incinerators Used in Disaster Recovery 

§ 60.3061 What are the requirements for 

temporary-use incinerators and air curtain 

incinerators used in disaster recovery? 

Your incinerator or air curtain 

incinerator is excluded from the 

requirements of this subpart if it is used 

on a temporary basis to combust debris 

from a disaster or emergency such as a 

tornado, hurricane, flood, ice storm, 

high winds, or act of bioterrorism. To 

qualify for this exclusion, the 

incinerator or air curtain incinerator 

must be used to combust debris in an 

area declared a State of Emergency by a 

local or State government, or the 

President, under the authority of the 

Stafford Act, has declared that an 

emergency or a major disaster exists in 

the area, and you must follow the 

requirements specified in paragraphs (a) 

through (c) of this section. 

(a) If the incinerator or air curtain 

incinerator is used during a period that 

begins on the date the unit started 

operation and lasts 8 weeks or less 

within the boundaries of the same 

emergency or disaster declaration area, 

then it is excluded from the 

requirements of this subpart. You do not 

need to notify the Administrator of its 

use or meet the emission limitations or 

other requirements of this subpart. 

(b) If the incinerator or air curtain 

incinerator will be used during a period 

that begins on the date the unit started 

operation and lasts more than 8 weeks 

within the boundaries of the same 

emergency or disaster declaration area, 

you must notify the Administrator that 

the temporary-use incinerator or air 

curtain incinerator will be used for more 

than 8 weeks and request permission to 

continue to operate the unit as specified 

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

section. 

(1) The notification must be submitted 

in writing by the date 8 weeks after you 

start operation of the temporary-use 

incinerator or air curtain incinerator 

within the boundaries of the current 

emergency or disaster declaration area. 

(2) The notification must contain the 

date the incinerator or air curtain 

incinerator started operation within the 

boundaries of the current emergency or 

disaster declaration area, identification 

of the disaster or emergency for which 

the incinerator or air curtain incinerator 

is being used, a description of the types 

of materials being burned in the 

incinerator or air curtain incinerator, a 

brief description of the size and design 

of the unit (for example, an air curtain 

incinerator or a modular starved-air 

incinerator), the reasons the incinerator 

74918 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

or air curtain incinerator must be 

operated for more than 8 weeks, and the 

amount of time for which you request 

permission to operate including the date 

you expect to cease operation of the 

unit. 

(c) If you submitted the notification 

containing the information in paragraph 

(b)(2) by the date specified in paragraph 

(b)(1), you may continue to operate the 

incinerator or air curtain incinerator for 

another 8 weeks, which is a total of 16 

weeks from the date the unit started 

operation within the boundaries of the 

current emergency or disaster 

declaration area. You do not have to 

meet the emission limitations or other 

requirements of this subpart during this 

period. 

(1) At the end of 16 weeks from the 

date the incinerator or air curtain 

incinerator started operation within the 

boundaries of the current emergency or 

disaster declaration area, you must 

cease operation of the unit or comply 

with all requirements of this subpart, 

unless the Administrator has approved 

in writing your request to continue 

operation. 

(2) If the Administrator has approved 

in writing your request to continue 

operation, then you may continue to 

operate the incinerator or air curtain 

incinerator within the boundaries of the 

current emergency or disaster 

declaration area until the date specified 

in the approval, and you do not need to 

comply with any other requirements of 

this subpart during the approved time 

period. 

Model Rule—Air Curtain Incinerators 

That Burn Only Wood Waste, Clean 

Lumber, and Yard Waste 

§ 60.3062 What is an air curtain 

incinerator? 

(a) An air curtain incinerator operates 

by forcefully projecting a curtain of air 

across an open, integrated combustion 

chamber (fire box) or open pit or trench 

(trench burner) in which combustion 

occurs. For the purpose of this subpart 

and subpart EEEE of this part only, air 

curtain incinerators include both firebox 

and trench burner units. 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (4) of this section are 

required to meet only the requirements 

in §§ 60.3062 through 60.3069 and are 

exempt from all other requirements of 

this subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

§ 60.3063 When must I comply if my air 

curtain incinerator burns only wood waste, 

clean lumber, and yard waste? 

Table 1 of this subpart specifies the 

final compliance date. You must submit 

a notification to the Administrator 

postmarked within 10 business days 

after the final compliance date in Table 

1 of this subpart. 

§ 60.3064 What must I do if I close my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste and 

then restart it? 

(a) If you close your incinerator but 

will reopen it prior to the final 

compliance date in your State plan, you 

must meet the final compliance date 

specified in Table 1 of this subpart. 

(b) If you close your incinerator but 

will restart it after your final compliance 

date, you must meet the emission 

limitations on the date your incinerator 

restarts operation. 

§ 60.3065 What must I do if I plan to 

permanently close my air curtain 

incinerator that burns only wood waste, 

clean lumber, and yard waste and not 

restart it? 

You must close the unit before the 

final compliance date specified in Table 

1 of this subpart. 

§ 60.3066 What are the emission 

limitations for air curtain incinerators that 

burn only wood waste, clean lumber, and 

yard waste? 

(a) Within 180 days after your final 

compliance date in Table 1 of this 

subpart, you must meet the two 

limitations specified in paragraphs (a)(1) 

and (2) of this section. 

(1) The opacity limitation is 10 

percent (6-minute average), except as 

described in paragraph (a)(2) of this 

section. 

(2) The opacity limitation is 35 

percent (6-minute average) during the 

startup period that is within the first 30 

minutes of operation. 

(b) The limitations in paragraph (a) of 

this section apply at all times except 

during malfunctions. 

§ 60.3067 How must I monitor opacity for 

air curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

(a) Use Method 9 of appendix A of 

this part to determine compliance with 

the opacity limitation. 

(b) Conduct an initial test for opacity 

as specified in § 60.8 within 180 days 

after the final compliance date in Table 

1 of this subpart. 

(c) After the initial test for opacity, 

conduct annual tests no more than 12 

months following the date of your 

previous test. 

(d) If the air curtain incinerator has 

been out of operation for more than 12 

months following the date of your 

previous test, then you must conduct a 

test for opacity upon startup of the unit. 

§ 60.3068 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

(a) Keep records of results of all initial 

and annual opacity tests in either paper 

copy or computer-readable format that 

can be printed upon request, unless the 

Administrator approves another format, 

for at least 5 years. You must keep each 

record on site for at least 2 years. You 

may keep the records off site for the 

remaining 3 years. 

(b) Make all records available for 

submittal to the Administrator or for an 

inspector’s review. 

(c) You must submit the results (each 

6-minute average) of the initial opacity 

tests no later than 60 days following the 

initial test. Submit annual opacity test 

results within 12 months following the 

previous report. 

(d) Submit initial and annual opacity 

test reports as electronic or paper copy 

on or before the applicable submittal 

date. 

(e) Keep a copy of the initial and 

annual reports for a period of 5 years. 

You must keep each report on site for 

at least 2 years. You may keep the 

reports off site for the remaining 3 years. 

§ 60.3069 Am I required to apply for and 

obtain a title V operating permit for my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste? 

Yes, if your air curtain incinerator is 

subject to this subpart, you are required 

to apply for and obtain a title V 

operating permit as specified in 

§§ 60.3059 and 60.3060. 

Model Rule—Equations 

§ 60.3076 What equations must I use? 

(a) Percent oxygen. Adjust all 

pollutant concentrations to 7 percent 

oxygen using Equation 1 of this section. 

C C O Eq adj meas =∗ − ( ) 20 9 7 20 9 ( ) − 2 . / . % ( . 1)


ER16dE05.002</MATH>
Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74919 

Where: 

Cadj = pollutant concentration adjusted 

to 7 percent oxygen 

Cmeas = pollutant concentration 

measured on a dry basis 

(20.9–7) = 20.9 percent oxygen–7 

percent oxygen (defined oxygen 

correction basis) 

20.9 = oxygen concentration in air, 

percent 

%O2 = oxygen concentration measured 

on a dry basis, percent 

(b) Capacity of a very small municipal 

waste combustion unit. For very small 

municipal waste combustion units that 

can operate continuously for 24-hour 

periods, calculate the unit capacity 

based on 24 hours of operation at the 

maximum charge rate. To determine the 

maximum charge rate, use one of two 

methods: 

(1) For very small municipal waste 

combustion units with a design based 

on heat input capacity, calculate the 

maximum charging rate based on the 

maximum heat input capacity and one 

of two heating values: 

(i) If your very small 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 very small 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 very small municipal waste 

combustion units with a design not 

based on heat input capacity, use the 

maximum design charging rate. 

(c) Capacity of a batch very small 

municipal waste combustion unit. 

Calculate the capacity of a batch OSWI 

unit as the maximum design amount of 

municipal solid waste it can charge per 

batch multiplied by the maximum 

number of batches it can process in 24 

hours. Calculate the 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 OSWI unit can 

combust 24/16, or 1.5 batches, in 24 

hours. 

(d) Carbon monoxide pollutant rate. 

When hourly average pollutant rates (Eh) 

are obtained (e.g., CEMS values), 

compute the rolling average carbon 

monoxide pollutant rate (Ea) for each 12- 

hour period using the following 

equation: 

E E Eq a hj

j

= =

∑1

12 1

12

( . 2)

Where: 

Ea = Average carbon monoxide pollutant 

rate for the 12-hour period, ppm 

corrected to 7 percent O2. 

Ehj = Hourly arithmetic average 

pollutant rate for hour ‘‘j,’’ ppm 

corrected to 7 percent O2. 

Model Rule—Definitions 

§ 60.3078 What definitions must I know? 

Terms used but not defined in this 

subpart are defined in the Clean Air Act 

and subpart A (General Provisions) of 

this part. 

Administrator means: 

(1) For approved and effective State 

section 111(d)/129 plans, the Director of 

the State air pollution control agency, or 

his or her delegatee; 

(2) For Federal section 111(d)/129 

plans, the Administrator of the EPA, an 

employee of the EPA, the Director of the 

State air pollution control agency, or 

employee of the State air pollution 

control agency to whom the authority 

has been delegated by the Administrator 

of the EPA to perform the specified task; 

and 

(3) For NSPS, the Administrator of the 

EPA, an employee of the EPA, the 

Director of the State air pollution 

control agency, or employee of the State 

air pollution control agency to whom 

the authority has been delegated by the 

Administrator of the EPA to perform the 

specified task. 

Air curtain incinerator means an 

incineration unit operating by forcefully 

projecting a curtain of air across an 

open, integrated combustion chamber 

(fire box) or open pit or trench (trench 

burner) in which combustion occurs. 

For the purpose of this subpart and 

subpart EEEE only, air curtain 

incinerators include both firebox and 

trench burner units. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Batch OSWI unit means an OSWI unit 

that is designed such that neither waste 

charging nor ash removal can occur 

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 starting on January 1 and ending 

on December 31. 

Chemotherapeutic waste means waste 

material resulting from the production 

or use of anti-neoplastic agents used for 

the purpose of stopping or reversing the 

growth of malignant cells. 

Class II municipal solid waste landfill 

means a landfill that meets four criteria: 

(1) Accepts, for incineration or 

disposal, less than 20 tons per day of 

municipal solid waste or other solid 

wastes based on an annual average; 

(2) Is located on a site where there is 

no evidence of groundwater pollution 

caused or contributed to by the landfill; 

(3) Is not connected by road to a Class 

I municipal solid waste landfill, as 

defined by Alaska regulatory code 18 

AAC 60.300(c) or, if connected by road, 

is located more than 50 miles from a 

Class I municipal solid waste landfill; 

and 

(4) Serves a community that meets 

one of two criteria: 

(i) Experiences for at least three 

months each year, an interruption in 

access to surface transportation, 

preventing access to a Class I municipal 

solid waste landfill; or 

(ii) Has no practicable waste 

management alternative, with a landfill 

located in an area that annually receives 

25 inches or less of precipitation. 

Class III municipal solid waste 

landfill is a landfill that is not 

connected by road to a Class I municipal 

solid waste landfill, as defined by 

Alaska regulatory code 18 AAC 

60.300(c) or, if connected by road, is 

located more than 50 miles from a Class 

I municipal solid waste landfill, and 

that accepts, for disposal, either of the 

following two criteria: 

(1) Ash from incinerated municipal 

waste in quantities less than one ton per 

day on an annual average, which ash 

must be free of food scraps that might 

attract animals; or 

(2) Less than five tons per day of 

municipal solid waste, based on an 

annual average, and is not located in a 

place that meets either of the following 

criteria: 

(i) Where public access is restricted, 

including restrictions on the right to 

move to the place and reside there; or 

(ii) That is provided by an employer 

and that is populated totally by persons 

who are required to reside there as a 

condition of employment and who do 

not consider the place to be their 

permanent residence. 

Clean lumber means wood or wood 

products that have been cut or shaped 

and include wet, air-dried, and kilndried wood products. Clean lumber 

does not include wood products that 

have been painted, pigment-stained, or 

pressure-treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote, or 

manufactured wood products that 

contain adhesives or resins (e.g., 

plywood, particle board, flake board, 

and oriented strand board). 

Collected from means the transfer of 

material from the site at which the 

material is generated to a separate site 

where the material is burned. 


ER16DE05.003</MATH>
74920 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system or CEMS means a monitoring 

system for continuously measuring and 

recording the emissions of a pollutant 

from an OSWI unit. 

Continuous OSWI unit means an 

OSWI unit that is designed to allow 

waste charging and ash removal during 

combustion. 

Deviation means any instance in 

which a unit that meets the 

requirements in § 60.2991, or an owner 

or operator of such a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emission limitation, operating limit, or 

operator qualification and accessibility 

requirements; 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any unit that meets 

requirements in § 60.2991 and is 

required to obtain such a permit; or 

(3) Fails to meet any emission 

limitation, operating limit, or operator 

qualification and accessibility 

requirement in this subpart during 

startup, shutdown, or malfunction, 

regardless of whether or not such failure 

is allowed by this subpart. 

Dioxins/furans means tetra-through 

octachlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

EPA means the Administrator of the 

EPA or employee of the EPA that is 

delegated the authority to perform the 

specified task. 

Institutional facility means a landbased facility owned and/or operated by 

an organization having a governmental, 

educational, civic, or religious purpose 

such as a school, hospital, prison, 

military installation, church, or other 

similar establishment or facility. 

Institutional waste means solid waste 

(as defined in this subpart) that is 

combusted at any institutional facility 

using controlled flame combustion in an 

enclosed, distinct operating unit: Whose 

design does not provide for energy 

recovery (as defined in this subpart); 

operated without energy recovery (as 

defined in this subpart); or operated 

with only waste heat recovery (as 

defined in this subpart). Institutional 

waste also means solid waste (as 

defined in this subpart) combusted on 

site in an air curtain incinerator that is 

a distinct operating unit of any 

institutional facility. 

Institutional waste incineration unit 

means any combustion unit that 

combusts institutional waste (as defined 

in this subpart) and is a distinct 

operating unit of the institutional 

facility that generated the waste. 

Institutional waste incineration units 

include field-erected, modular, cyclonic 

burn barrel, and custom built 

incineration units operating with 

starved or excess air, and any air curtain 

incinerator that is a distinct operating 

unit of the institutional facility that 

generated the institutional waste (except 

those air curtain incinerators listed in 

§ 60.2994(b)). 

Intermittent OSWI unit means an 

OSWI unit that is designed to allow 

waste charging, but not ash removal, 

during combustion. 

Low-level radioactive waste means 

waste material that contains radioactive 

nuclides emitting primarily beta or 

gamma radiation, or both, in 

concentrations or quantities that exceed 

applicable Federal or State standards for 

unrestricted release. Low-level 

radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or 

byproduct material as defined by the 

Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)). 

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control equipment, process equipment, 

or a process to operate in a normal or 

usual manner. Failures that are caused, 

in part, by poor maintenance or careless 

operation are not malfunctions. 

Metropolitan Statistical Area means 

any areas listed as metropolitan 

statistical areas in OMB Bulletin No. 

05–02 entitled ‘‘Update of Statistical 

Area Definitions and Guidance on Their 

Uses’’ dated February 22, 2005 

(available on the Web at http:// 

www.whitehouse.gov/omb/bulletins/). 

Modification or modified unit means 

an incineration unit you have changed 

on or after June 16, 2006 and that meets 

one of two criteria: 

(1) The cumulative cost of the changes 

over the life of the unit exceeds 50 

percent of the original cost of building 

and installing the unit (not including 

the cost of land) updated to current 

costs (current dollars). For an OSWI 

unit, to determine what systems are 

within the boundary of the unit used to 

calculate these costs, see the definition 

of OSWI unit. 

(2) Any physical change in the OSWI 

unit or change in the method of 

operating it that increases the amount of 

any air pollutant emitted for which 

section 129 or section 111 of the Clean 

Air Act has established standards. 

Municipal solid waste means refuse 

(and refuse-derived fuel) collected from 

the general public and from residential, 

commercial, institutional, and industrial 

sources consisting of paper, wood, yard 

wastes, food wastes, plastics, leather, 

rubber, and other combustible materials 

and non-combustible materials such as 

metal, glass and rock, provided that: (1) 

The term does not include industrial 

process wastes or medical wastes that 

are segregated from such other wastes; 

and (2) an incineration unit shall not be 

considered to be combusting municipal 

solid waste for purposes of this subpart 

if it combusts a fuel feed stream, 30 

percent or less of the weight of which 

is comprised, in aggregate, of municipal 

solid waste, as determined by 

§ 60.2993(b). 

Municipal waste combustion unit 

means, for the purpose of this subpart 

and subpart EEEE, any setting or 

equipment that combusts municipal 

solid waste (as defined in this subpart) 

including, but not limited to, fielderected, modular, cyclonic burn barrel, 

and custom built incineration units 

(with or without energy recovery) 

operating with starved or excess air, 

boilers, furnaces, pyrolysis/combustion 

units, and air curtain incinerators 

(except those air curtain incinerators 

listed in § 60.2994(b)). 

Other solid waste incineration (OSWI) 

unit means either a very small 

municipal waste combustion unit or an 

institutional waste incineration unit, as 

defined in this subpart. Unit types listed 

in § 60.2993 as being excluded from the 

subpart are not OSWI units subject to 

this subpart. While not all OSWI units 

will include all of the following 

components, an OSWI unit includes, 

but is not limited to, the municipal or 

institutional solid waste feed system, 

grate system, flue gas system, waste heat 

recovery equipment, if any, and bottom 

ash system. The OSWI unit does not 

include air pollution control equipment 

or the stack. The OSWI unit boundary 

starts at the municipal or institutional 

waste hopper (if applicable) and extends 

through two areas: 

(1) The combustion unit flue gas 

system, which ends immediately after 

the last combustion chamber or after the 

waste heat recovery equipment, if any; 

and 

(2) The combustion unit bottom ash 

system, which ends at the truck loading 

station or similar equipment that 

transfers the ash to final disposal. The 

OSWI unit includes all ash handling 

systems connected to the bottom ash 

handling system. 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74921 

Particulate matter means total 

particulate matter emitted from OSWI 

units as measured by Method 5 or 

Method 29 of appendix A of this part. 

Pathological waste means waste 

material consisting of only human or 

animal remains, anatomical parts, and/ 

or tissue, the bags/containers used to 

collect and transport the waste material, 

and animal bedding (if applicable). 

Reconstruction means rebuilding an 

incineration unit and meeting two 

criteria: 

(1) The reconstruction begins on or 

after June 16, 2006. 

(2) The cumulative cost of the 

construction over the life of the 

incineration unit exceeds 50 percent of 

the original cost of building and 

installing the unit (not including land) 

updated to current costs (current 

dollars). For an OSWI unit, to determine 

what systems are within the boundary 

of the unit used to calculate these costs, 

see the definition of OSWI 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. 

Shutdown means the period of time 

after all waste has been combusted in 

the primary chamber. For continuous 

OSWI, shutdown shall commence no 

less than 2 hours after the last charge to 

the incinerator. For intermittent OSWI, 

shutdown shall commence no less than 

4 hours after the last charge to the 

incinerator. For batch OSWI, shutdown 

shall commence no less than 5 hours 

after the high-air phase of combustion 

has been completed. 

Solid waste means any garbage, 

refuse, sludge from a waste treatment 

plant, water supply treatment plant, or 

air pollution control facility and other 

discarded material, including solid, 

liquid, semisolid, or contained gaseous 

material resulting from industrial, 

commercial, mining, agricultural 

operations, and from community 

activities, but does not include solid or 

dissolved material in domestic sewage, 

or solid or dissolved materials in 

irrigation return flows or industrial 

discharges that are point sources subject 

to permits under section 402 of the 

Federal Water Pollution Control Act, as 

amended (33 U.S.C. 1342), or source, 

special nuclear, or byproduct material 

as defined by the Atomic Energy Act of 

1954, as amended (42 U.S.C. 2014). 

Standard conditions, when referring 

to units of measure, means a 

temperature of 68°F (20°C) and a 

pressure of 1 atmosphere (101.3 

kilopascals). 

Startup period means the period of 

time between the activation of the 

system and the first charge to the OSWI 

unit. For batch OSWI, startup means the 

period of time between activation of the 

system and ignition of the waste. 

Very small municipal waste 

combustion unit means any municipal 

waste combustion unit that has the 

capacity to combust less than 35 tons 

per day of municipal solid waste or 

refuse-derived fuel, as determined by 

the calculations in § 60.3076. 

Waste heat recovery means the 

process of recovering heat from the 

combustion flue gases outside of the 

combustion firebox by convective heat 

transfer only. 

Wet scrubber means an add-on air 

pollution control device that utilizes an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

Wood waste means untreated wood 

and untreated wood products, including 

tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, 

sawdust, chips, scraps, slabs, millings, 

and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, 

shrubs, and clippings from bushes and 

shrubs from residential, commercial/ 

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. 

(2) Construction, renovation, or 

demolition wastes. 

(3) Clean lumber. 

(4) Treated wood and treated wood 

products, including wood products that 

have been painted, pigment-stained, or 

pressure treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote, or 

manufactured wood products that 

contain adhesives or resins (e.g., 

plywood, particle board, flake board, 

and oriented strand board). 

Yard waste means grass, grass 

clippings, bushes, shrubs, and clippings 

from bushes and shrubs. Yard waste 

comes 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. 

(2) Clean lumber. 

Tables to Subpart FFFF of Part 60 

As stated in § 60.3000, you must 

comply with the following: 

TABLE 1 TO SUBPART FFFF OF PART

60.—MODEL RULE—COMPLIANCE

SCHEDULE

Complete this action By this date a

Final compliance b ..... (Dates to be specified 

in State plan) c. 

aSite-specific schedules can be used at the 

discretion of the State. bFinal compliance means that you complete 

all process changes and retrofit of control devices so that, when the incineration unit is 

brought on line, all process changes and air 

pollution control devices necessary to meet 

the emission limitations operate as designed. cThe date can be no later than 3 years after 

the effective date of State plan approval or 

December 16, 2010, whichever is earlier. 

As stated in § 60.3022, you must 

comply with the following: 

TABLE 2 TO SUBPART FFFF OF PART 60.—MODEL RULE—EMISSION LIMITATIONS

For the air pollutant You must meet this 

emission limitationa Using this averaging time And determining compliance using this method 

1. Cadmium ................. 18 micrograms per dry 

standard cubic 

meter.

3-run average (1 hour minimum sample time 

per run).

Method 29 of appendix A of this part. 

2. Carbon monoxide .... 40 parts per million by 

dry volume.

3-run average (1 hour minimum sample time 

per run during performance test), and 12- 

hour rolling averages measured using 

CEMSb.

Method 10, 10A, or 10B of appendix A of this 

part and CEMS. 

3. Dioxins/furans (total 

basis).

33 nanograms per dry 

standard cubic 

meter.

3-run average (1 hour minimum sample time 

per run).

Method 23 of appendix A of this part. 

74922 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

TABLE 2 TO SUBPART FFFF OF PART 60.—MODEL RULE—EMISSION LIMITATIONS—Continued 

For the air pollutant You must meet this 

emission limitationa Using this averaging time And determining compliance using this method 

4. Hydrogen chloride ... 15 parts per million by 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Method 26A of appendix A of this part. 

5. Lead ........................ 226 micrograms per 

dry standard cubic 

meter.

3-run average (1 hour minimum sample time 

per run).

Method 29 of appendix A of this part. 

6. Mercury ................... 74 micrograms per dry 

standard cubic 

meter.

3-run average (1 hour minimum sample time 

per run).

Method 29 of appendix A of this part. 

7. Opacity .................... 10 percent .................. 6-run average (1 hour minimum sample time 

per run).

Method 9 of appendix A of this part. 

8. Oxides of nitrogen ... 103 parts per million 

by dry volume.

3-run average (1 hour minimum sample time 

per run).

Method 7, 7A, 7C, 7D, or 7E of appendix A 

of this part, or ANSI/ASME PTC 19.10–

1981 (IBR, see § 60.17(h)) in lieu of Methods 7 and 7C only. 

9. Particulate matter .... 0.013 grains per dry 

standard cubic foot.

3-run average (1 hour minimum sample time 

per run).

Method 5 or 29 of appendix A of this part. 

10. Sulfur dioxide ........ 3.1 parts per million by 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Method 6 or 6C of appendix A of this part, or 

ANSI/ASME PTC 19.10–1981 (IBR, see 

§ 60.17(h)) in lieu of Method 6 only. 

aAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

b Calculated each hour as the average of the previous 12 operating hours. 

As stated in § 60.3023, you must 

comply with the following: 

TABLE 3 TO SUBPART FFFF OF PART 60.—MODEL RULE—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS

For these operating parameters You must establish operating limits 

And monitoring using these minimum frequencies 

Data measurement Data recording Averaging time 

1. Charge rate ................... Maximum charge rate ....... Continuous ........................ Every hour ......................... Daily for batch units. 3- 

hour rolling for continuous and intermittent 

units. a

2. Pressure drop across 

the wet scrubber or amperage to wet scrubber.

Minimum pressure drop or 

amperage.

Continuous ........................ Every 15 minutes .............. 3-hour rolling. a

3. Scrubber liquor flow rate Minimum flow rate ............. Continuous ........................ Every 15 minutes .............. 3-hour rolling. a

4. Scrubber liquor pH ........ Minimum pH ...................... Continuous ........................ Every 15 minutes .............. 3-hour rolling. a

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

As stated in § 60.3039, you must 

comply with the following: 

TABLE 4 TO SUBPART FFFF OF PART 60.—MODEL RULE—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING

SYSTEMS (CEMS) 

For the following pollutants Use the following span values for 

your CEMS 

Use the following performance 

specifications (P.S.) in appendix B 

of this part for your CEMS 

If needed to meet minimum data 

requirements, use the following 

alternate methods in appendix A 

of this part to collect data 

1. Carbon Monoxide ...................... 125 percent of the maximum 

hourly potential carbon monoxide emissions of the waste 

combustion unit.

P.S.4A ........................................... Method 10. 

2. Oxygen ...................................... 25 percent oxygen ........................ P.S.3 ............................................. Method 3A or 3B, or ANSI/ASME 

PTC 19.10–1981 (IBR, see 

§ 60.17(h)) in lieu of Method 3B 

only. 

As stated in § 60.3048, you must 

comply with the following: 

Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 74923 

TABLE 5 TO SUBPART FFFF OF THE PART 60.—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS

Report Due date Contents Reference 

1. Initial test report ......................... a. No later than 60 days following 

the initial performance test 

i. Complete test report for the initial performance test; and.§ 60.3049. 

ii. The values for the site-specific 

operating limits.

§ 60.3049. 

2. Waste management plan ........... a. No later than 60 days following 

the initial performance test 

i. Reduction or separation of recyclable materials; and.§§ 60.3010 through 60.3012. 

ii. Identification of additional waste 

management measures and 

how they will be implemented.

§§ 60.3010 through 60.3012. 

3. Annual Report ............................ a. No later than 12 months following the submission of the 

initial test report. Subsequent 

reports are to be submitted no 

more than 12 months following 

the previous report 

i. Company Name and address; .. §§ 60.3050 and 60.3051. 

ii. Statement and signature by the 

owner or operator;.

§§ 60.3050 and 60.3051. 

iii. Date of report; .......................... §§ 60.3050 and 60.3051. 

iv. Values for the operation limits; §§ 60.3050 and 60.3051. 

v. If no deviations or malfunctions 

were reported, a statement that 

no deviations occurred during 

the reporting period;.

§§ 60.3050 and 60.3051. 

vi. Highest and lowest recorded 

12-hour averages, as applicable, for carbon monoxide emissions and highest and lowest 

recorded 3-hour averages, as 

applicable, for each operating 

parameter recorded for the calendar year being reported;.

§§ 60.3050 and 60.3051. 

vii. Information for deviations or 

malfunctions recorded under 

§ 60.2949(b)(6) and (c) through 

(e);.

§§ 60.3050 and 60.3051. 

viii. If a performance test was 

conducted during the reporting 

period, the results of the test;.

§§ 60.3050 and 60.3051. 

ix. If a performance test was not 

conducted during the reporting 

period, a statement that the requirements of § 60.2934(a) or 

(b) were met; and.

§§ 60.3050 and 60.3051. 

x. Documentation of periods when 

all qualified OSWI unit operators were unavailable for more 

than 12 hours but less than 2 

weeks.

§§ 60.3050 and 60.3051. 

4. Emission limitation or operating 

limit deviation report.

a. By August 1 of that year for 

data collected during the first 

half of the calendar year. By 

February 1 of the following year 

for data collected during the 

second half of the calendar 

year 

i. Dates and times of deviation; .... §§ 60.3052 and 60.3053. 

ii. Averaged and recorded data for 

those dates;.

§§ 60.3052 and 60.3053. 

iii. Duration and causes of each 

deviation and the corrective actions taken..

§§ 60.3052 and 60.3053. 

iv. Copy of operating limit monitoring data and any test reports;.§§ 60.3052 and 60.3053. 

v. Dates, times, and causes for 

monitor downtime incidents;.

§§ 60.3052 and 60.3053. 

vi. Whether each deviation occurred during a period of startup, shutdown, or malfunction; 

and.

§§ 60.3052 and 60.3053. 

vii. Dates, times, and duration of 

any bypass of the control device.

§§ 60.3052 and 60.3053. 

74924 Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations 

TABLE 5 TO SUBPART FFFF OF THE PART 60.—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS—Continued 

Report Due date Contents Reference 

5. Qualified operator deviation notification.a. Within 10 days of deviation i. Statement of cause of deviation; § 60.3054(a)(1). 

ii. Description of efforts to have an 

accessible qualified operator; 

and.

§ 60.3054(a)(1). 

iii. The date a qualified operator 

will be accessible.

§ 60.3054(a)(1). 

6. Qualified operation deviation 

status report.

a. Every 4 weeks following deviation i. Description of efforts to have an 

accessible qualified operator;.

§ 60.3054(a)(2). 

ii. The date a qualified operator 

will be accessible; and.

§ 60.3054(a)(2). 

iii. Request to continue operation § 60.3054(a)(2). 

7. Qualified operator deviation notification of resumed operation.a. Prior to resuming operation i. Notification that you are resuming operation.§ 60.3054(b). 

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

[FR Doc. 05–23716 Filed 12–15–05; 8:45 am] 

BILLING CODE 6560–50–P