3018 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2003–0119; FRL–9919–27– 

OAR] 

RIN 2060–AR11 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: 

Commercial and Industrial Solid Waste 

Incineration Units 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: On February 7, 2013, the 

Environmental Protection Agency (EPA) 

promulgated its final response to 

petitions for reconsideration of the final 

new source performance standards 

(NSPS) and emission guidelines (EG) for 

commercial and industrial solid waste 

incineration (CISWI) units that were 

promulgated on March 21, 2011. 

Following promulgation of the February 

2013 final action, the Administrator 

received petitions for reconsideration 

that identified issues that petitioners 

maintain require additional 

reconsideration and/or warrant further 

opportunity for public comment. In this 

action, the EPA is granting 

reconsideration on four provisions of 

the February 2013 final NSPS and EG 

for CISWI units. In addition, the EPA 

identified regulatory provisions that 

require clarification and editorial 

correction to address inconsistencies 

and errors in the final rules. The 

proposed amendments provide 

additional clarity and improve the 

implementation of the February 2013 

final CISWI standards, but do not have 

any environmental, energy or economic 

impacts associated with the proposed 

action. 

DATES: Comments. Comments must be 

received on or before March 9, 2015, or 

30 days after date of public hearing, if 

later. 

Public Hearing. If anyone contacts us 

requesting to speak at a public hearing 

by January 26, 2015, a public hearing 

will be held on February 5, 2015. If you 

are interested in attending the public 

hearing, contact Ms. Virginia Hunt at 

(919) 541–0832 to verify that a hearing 

will be held. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0119, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: EPA Docket Center (EPA/DC), 

Mailcode: 28221T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. The 

EPA requests a separate copy also be 

sent to the contact person identified 

below (see FOR FURTHER INFORMATION

CONTACT). 

• Hand Delivery: EPA Docket Center, 

Room 3334, EPA WJC West Building, 

1301 Constitution Avenue NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0119. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption and be free of any 

defects or viruses. 

Public Hearing: If anyone contacts the 

EPA requesting a public hearing by 

January 26, 2015, the public hearing 

will be held on February 5, 2015 at the 

EPA’s campus at 109 T.W. Alexander 

Drive, Research Triangle Park, North 

Carolina. The hearing will begin at 1:00 

p.m. (Eastern Standard Time) and 

conclude at 5:00 p.m. (Eastern Standard 

Time). Please contact Ms. Virginia Hunt 

at 919–541–0832 or at hunt.virginia@

epa.gov to register to speak at the 

hearing or to inquire as to whether or 

not a hearing will be held. The last day 

to pre-register to speak at the hearing 

will be February 2, 2015. Additionally, 

requests to speak will be taken the day 

of the hearing at the hearing registration 

desk, although preferences on speaking 

times may not be able to be fulfilled. If 

you require the service of a translator or 

special accommodations such as audio 

description, please let us know at the 

time of registration. If you require an 

accommodation we ask that you preregister for the hearing, as we may not 

be able to arrange such accommodations 

without advance notice. The hearing 

will provide interested parties the 

opportunity to present data, views or 

arguments concerning the proposed 

action. The EPA will make every effort 

to accommodate all speakers who arrive 

and register. Because these hearing are 

being held at U.S. government facilities, 

individuals planning to attend the 

hearing should be prepared to show 

valid picture identification to the 

security staff in order to gain access to 

the meeting room. Please note that the 

REAL ID Act, passed by Congress in 

2005, established new requirements for 

entering federal facilities. If your 

driver’s license is issued by Alaska, 

American Samoa, Arizona, Kentucky, 

Louisiana, Maine, Massachusetts, 

Minnesota, Montana, New York, 

Oklahoma or the state of Washington, 

you must present an additional form of 

identification to enter the federal 

building. Acceptable alternative forms 

of identification include: Federal 

employee badges, passports, enhanced 

driver’s licenses and military 

identification cards. In addition, you 

will need to obtain a property pass for 

any personal belongings you bring with 

you. Upon leaving the building, you 

will be required to return this property 

pass to the security desk. No large signs 

will be allowed in the building, cameras 

may only be used outside of the 

building and demonstrations will not be 

allowed on federal property for security 

reasons. The EPA may ask clarifying 

questions during the oral presentations, 

but will not respond to the 

presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. Again a hearing will not be 

held unless requested. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 3019 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center (EPA/DC), WJC 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Ms. Toni 

Jones, Fuels and Incineration Group, 

Sector Policies and Programs Division 

(E143–05), Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–0316; fax number: (919) 541– 

3470; email address: jones.toni@

epa.gov. 

SUPPLEMENTARY INFORMATION: Acronyms 

and Abbreviations. The following 

acronyms and abbreviations are used in 

this document. 

Btu British Thermal Unit 

CAA Clean Air Act 

CBI Confidential Business Information 

Cd Cadmium 

CEMS Continuous Emissions Monitoring 

Systems 

CFR Code of Federal Regulations 

CISWI Commercial and Industrial Solid 

Waste Incineration 

CO Carbon Monoxide 

CO2 Carbon Dioxide 

dscm Dry Standard Cubic Meter 

EG Emission Guidelines 

EJ Environmental Justice 

EPA U.S. Environmental Protection Agency 

ERU Energy Recovery Unit 

ESP Electrostatic Precipitator 

FVF Fuel Variability Factor 

HCl Hydrogen Chloride 

Hg Mercury 

ICR Information Collection Request 

MACT Maximum Achievable Control 

Technology 

mg/dscm Milligrams per Dry Standard 

Cubic Meter 

mmBtu/hr Million British Thermal Units 

per Hour 

NAICS North American Industrial 

Classification System 

NESHAP National Emission Standards for 

Hazardous Air Pollutants 

ng/dscm Nanograms per Dry Standard 

Cubic Meter 

NHSM Non-Hazardous Secondary 

Material(s) 

NOX Nitrogen Oxides 

NSPS New Source Performance Standards 

NTTAA National Technology Transfer and 

Advancement Act 

OAQPS Office of Air Quality Planning and 

Standards 

OMB Office of Management and Budget 

Pb Lead 

PM Particulate Matter 

ppm Parts Per Million 

ppmv Parts Per Million by Volume 

ppmvd Parts Per Million by Dry Volume 

PS Performance Specification 

RCRA Resource Conservation and Recovery 

Act 

RIN Regulatory Information Number 

SBA Small Business Administration 

SO2 Sulfur Dioxide 

SSM Startup, Shutdown, and Malfunction 

The Court United States Court of Appeals 

for the District of Columbia Circuit 

TTN Technology Transfer Network 

ug/dscm Micrograms per Dry Standard 

Cubic Meter 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

VCS Voluntary Consensus Standards 

WWW World Wide Web 

Does this action apply to me? 

Categories and entities potentially 

affected by the proposed action are 

those that operate CISWI units. The 

NSPS and EG, hereinafter referred to as 

‘‘standards,’’ for CISWI affect the 

following categories of sources: 

Category NAICSa Code Examples of potentially regulated entities 

Any industrial or commercial facility 

using a solid waste incinerator.

211, 212, 486 Mining, oil and gas exploration operations; pipeline operators. 

221 Utility providers. 

321, 322, 337 Manufacturers of wood products; manufacturers of pulp, paper and paperboard; 

manufacturers of furniture and related products. 

325, 326 Manufacturers of chemicals and allied products; manufacturers of plastics and 

rubber products. 

327 Manufacturers of cement; nonmetallic mineral product manufacturing. 

333, 336 Manufacturers of machinery; manufacturers of transportation equipment. 

423, 44, Merchant wholesalers, durable goods; retail trade. 

a North American Industrial Classification System 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by the proposed action. To 

determine whether your facility would 

be affected by the proposed action, you 

should examine the applicability 

criteria in 40 CFR 60.2010 of subpart 

CCCC, 40 CFR 60.2505 of subpart DDDD 

and 40 CFR 241. If you have any 

questions regarding the applicability of 

the proposed action to a particular 

entity, contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

What should I consider as I prepare my 

comments to the EPA? 

Submitting CBI. Do not submit 

information that you consider to be CBI 

electronically through http://

www.regulations.gov, or email. For 

comments on the CISWI reconsideration 

and proposal, send or deliver 

information identified as CBI to only the 

following address: Mr. Roberto Morales, 

c/o OAQPS Document Control Officer 

(Room C404–02), U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attn: 

Docket ID No. EPA–HQ–OAR–2003– 

0119. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to the EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. If you 

submit a disk or CD–ROM that does not 

contain CBI, mark the outside of the 

disk or CD–ROM clearly that it does not 

contain CBI. Information marked as CBI 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 


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3020 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

How do I obtain a copy of this 

document and other related 

information? 

The docket number for the proposed 

action regarding the CISWI NSPS (40 

CFR part 60, subpart CCCC) and EG (40 

CFR part 60, subpart DDDD) is Docket 

ID No. EPA–HQ–OAR–2003–0119. 

World Wide Web 

In addition to being available in the 

docket, an electronic copy of the 

proposed action is available on the 

World Wide Web (WWW) through the 

Technology Transfer Network (TTN) 

Web. Following signature, the EPA 

posted a copy of the proposed action at 

http://www.epa.gov/ttn/atw/129/ciwi/

ciwipg.html. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

Organization of this Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. General Information 

A. Background Information 

B. Actions We Are Taking 

C. Discussion of Issues for Reconsideration 

1. Definition of ‘‘CEMS Data During 

Startup and Shutdown Periods’’ 

2. PM Limit for the Waste-Burning Kiln 

Subcategory 

3. FVF for Coal-Burning Energy Recovery 

Units 

4. Definition of Kiln 

D. Technical Corrections and Clarifications 

1. 2000 CISWI New Source Applicability 

Clarification for Incinerators and Air 

Curtain Incinerators 

2. Typographical Errors and Corrections 

3. Clarifications 

E. Environmental, Energy and Economic 

Impacts 

F. Affirmative Defense for Violation of 

Emission Standards During Malfunction 

II Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Background Information 

On March 21, 2011, the EPA 

promulgated revised NSPS and EG for 

CISWI units (i.e., solid waste 

incineration units located at commercial 

or industrial facilities). Following that 

action, the Administrator received 

petitions for reconsideration that 

identified certain issues that warranted 

further opportunity for public comment. 

In response to the petitions, the EPA 

reconsidered and requested comment on 

several provisions of the February 2011 

final NSPS and EG for commercial and 

industrial solid waste incineration 

units. The EPA published the proposed 

revisions to the NSPS and EG for 

commercial and industrial solid waste 

units on December 23, 2011 (76 FR 

80452). 

On February 7, 2013, the EPA 

promulgated the final reconsidered 

NSPS and EG for CISWI units (78 FR 

9112). The final rule made some 

revisions to the December 2011 

proposed reconsideration rule in 

response to comments and additional 

information received. Following that 

action, the EPA again received petitions 

for reconsideration. These petitions 

stated certain provisions should be 

reconsidered and that the public lacked 

sufficient opportunity to comment on 

some of the provisions contained in the 

final 2013 CISWI rule. In this action, the 

EPA is reconsidering and requesting 

comment on four provisions of the 2013 

final NSPS and EG for CISWI units. 

Additionally, the EPA is proposing 

clarifying changes and corrections to the 

final rule, some of which are raised in 

petitions for reconsideration of the 2013 

CISWI rule. The EPA is also proposing 

to amend the final rule by removing the 

affirmative defense provision. The EPA 

continues to evaluate the remaining 

issues raised in the petitions for 

reconsideration. For a more detailed 

background and additional information 

on how this rule is related to other CAA 

combustion rules issued under section 

112 and the Resource Conservation and 

Recovery Act (RCRA) definition of solid 

waste, refer to prior notices (76 FR 

15704, 78 FR 9112). 

B. Actions We Are Taking 

In this notice, we are granting 

reconsideration of, and requesting 

comment on, certain issues raised by 

Petitioners in their petitions for 

reconsideration on the 2013 CISWI rule. 

These provisions are: (1) Definition of 

‘‘CEMS data during startup and 

shutdown periods;’’ (2) particulate 

matter (PM) limit for the waste-burning 

kiln subcategory; (3) fuel variability 

factor (FVF) for coal-burning energy 

recovery units; and (4) the definition of 

kiln. Additionally, the EPA proposes to 

clarify certain applicability provisions 

relating to incinerator units and air 

curtain incinerator units subject to the 

2000 CISWI NSPS and to correct various 

typographical errors identified in the 

rule as published in the Code of Federal 

Regulations (CFR). The EPA is also 

proposing to amend the final rule by 

removing the affirmative defense 

provision. Sections D and F of this 

preamble summarize these issues and 

present the proposed revisions 

necessary to address each issue. 

We are seeking public comment only 

on the issues specifically identified in 

this action. We will not respond to any 

comments addressing other aspects of 

the 2013 CISWI final rule or any other 

rulemakings. 

C. Discussion of Issues for 

Reconsideration 

This section of the preamble contains 

the EPA’s basis for reconsidering the 

provisions we identify in this proposed 

rule. We solicit comment on the four 

issues discussed in this section and the 

proposed technical corrections and 

clarifications discussed in Section D of 

this preamble. 

1. Definition of ‘‘CEMS Data During 

Startup and Shutdown Periods’’ 

Today’s proposal requests comments 

on the definition of ‘‘CEMS data during 

startup and shutdown’’ contained in the 

February 2013 final rule. As 

background, the 2011 CISWI final rule 

contained continuous emissions 

monitoring system (CEMS) monitoring 

requirements for carbon monoxide (CO) 

from new sources, including a provision 

that mandated a 7 percent oxygen 

correction. After the 2011 CISWI final 

rule was published, petitioners 

indicated that correcting CO 

concentration measurements to 7 

percent oxygen is problematic during 

startup and shutdown periods when the 

flue gas oxygen content approaches the 

oxygen content of ambient air, 

especially with regard to the energy 

recovery unit (ERU) subcategory. 

Oxygen contents relatively close to 

ambient air are often maintained during 

combustion unit startup and shutdown 

in order to safely operate the unit, but, 

as a result, the corrected CO values 

during these periods are artificially 

inflated due to the oxygen correction 

calculation. Petitioners presented data 

that demonstrated how these inflated 

data points drive the 30-day rolling 

average values beyond the emission 

limit. 


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To resolve this issue, the EPA 

determined that the 7 percent oxygen 

correction would not be required for 

CEMS data collected during periods of 

startup and shutdown. Based on data 

submitted for coal-burning ERUs, a new 

definition of ‘‘CEMS data during startup 

and shutdown’’ was proposed in the 

December 2011 reconsideration 

proposal that referred to the data 

collected during the first 4 hours of 

operation of an energy recovery unit 

starting up from a cold start and the 

hour of operation following the 

cessation of waste material being fed to 

the unit during shutdown. 

The EPA received comments on the 

proposed definition expressing concern 

that the time limits included in the 

definition may not accurately represent 

all CISWI unit types. Further, 

commenters argued that the same logic 

should apply for all CEMS-measured 

emission limits, not just CO. They 

explained that, even though CEMS is a 

compliance alternative rather than a 

requirement for most CISWI standards, 

other air regulations and permit 

requirements may require the units to 

continue to monitor emissions using 

CEMS data. Therefore, in the February 

2013 CISWI final rule, the definition 

was revised to include all pollutants 

measured with a CEMS, expanded to 

include a separate definition for wasteburning kilns, and the 4-hour and 1- 

hour time limits in the definition were 

removed. The EPA defined the end of 

the startup period and the beginning of 

the shutdown period as the introduction 

and cessation of waste fed to the unit, 

respectively. Information available for 

the best performing units demonstrates 

their typical operation and supports the 

idea that startup and shutdown periods 

be defined by the introduction and 

cessation of waste being fed to the units. 

Furthermore, for the incinerator, small 

remote incinerator, and the ERU 

subcategories, the startup period was 

limited to 48 hours and the shutdown 

period limited to 24 hours. 

After the February 2013 CISWI final 

rule was promulgated, the EPA received 

petitions stating that stakeholders did 

not have the opportunity to comment on 

the final definition, especially the 

clause that defines the beginning and 

ending of these periods as the 

introduction and cessation, respectively, 

of waste material being fed to the 

combustor. Petitioners argued that, with 

the inclusion of the provision ending 

startup when waste is added to the unit, 

the end of startup will occur too early 

because units that combust waste often 

introduce waste before steady state 

operations to transition from startup 

fuel to waste and other primary fuel 

combustion. For this reason, the 

petitioners argued that the EPA should 

extend the startup period duration to 

include the period of time when sources 

are transitioning to waste combustion 

from the startup fuel. We are taking 

comment on whether the definition 

should be revised to extend the startup 

period to include this transitional 

period of combustor operation. In 

addition, the EPA requests that 

commenters suggest provisions that 

would ensure adequate application of 

the CEMS data during startup and 

shutdown definition, such as maximum 

allowable time limits after introduction 

of waste, if the agency were to allow 

solid waste combustion during startup. 

2. PM Limit for the Waste-burning Kiln 

Subcategory 

The February 2013 CISWI final rule 

included PM limits for new and existing 

waste-burning kilns in the NSPS and 

EG, respectively. Petitioners have 

requested reconsideration of these 

emission limits, stating that they did not 

have the opportunity to review and 

comment on the data used to calculate 

the 2013 emission limits. 

As background, the March 2011 

CISWI final rule promulgated PM 

emissions limits of 6.2 milligrams per 

dry standard cubic meter (mg/dscm) for 

existing units, and 2.5 mg/dscm for new 

units, both corrected to 7 percent 

oxygen. In an action parallel to the 

March 21, 2011, final CISWI rule, the 

EPA promulgated a final rule that 

identifies the standards and procedures 

for identifying whether non-hazardous 

secondary materials (NHSM) are or are 

not solid waste when used as fuels or 

ingredients in combustion units. The 

EPA defines the NHSM that are solid 

waste under RCRA in the final 

‘‘Identification of Non-Hazardous 

Secondary Materials That Are Solid 

Waste’’ rulemaking. The RCRA 

definition of solid waste is integral in 

defining the CISWI source category. 

Commercial and industrial units that 

combust solid waste are subject to 

standards issued pursuant to CAA 

section 129, rather than to standards 

issued pursuant to CAA section 112 that 

would otherwise be applicable to such 

units (e.g., boilers, process heaters and 

cement kilns). Cement kilns combusting 

solid waste are waste-burning kilns 

subject to CISWI, not the otherwise 

applicable national emission standards 

for hazardous air pollutants (NESHAP). 

Following promulgation of the 2011 

CISWI rule, the EPA again analyzed the 

materials being combusted in the entire 

national inventory of Portland cement 

kilns in light of the revisions to the 

NHSM rule, and made revisions to the 

CISWI waste-burning kiln inventory. 

When kilns were added to the inventory 

and their emissions data considered, the 

resulting NSPS and EG PM emission 

limits proposed in the December 2011 

reconsideration were less stringent than 

those established in the March 2011 

CISWI final rule. 

Following the December 2011 

reconsideration proposal, the EPA 

learned that one of the kilns in the 

CISWI inventory was no longer burning 

waste, and another kiln that was not 

thought to be burning waste materials 

was doing so. The CISWI waste-burning 

kiln inventory was revised during the 

period between proposal and final to 

reflect these changes, and the database 

updated to include emissions data for 

the new unit, as well as some additional 

test reports obtained for units within the 

inventory. The EPA calculated the 

MACT floors after making the 

appropriate revisions to the inventory 

and the new NSPS and EG PM emission 

limits were more stringent than those 

proposed in the December 2011 

reconsideration proposal. Table 1, 

below, tracks the progression of the 

waste-burning kiln PM limits from the 

March 2011 final rule through the 

February 2013 final rule. 

Throughout the CISWI rulemaking 

process from March 2011 through 

February 2013, the EPA used the same 

calculation methodology (i.e., the upper 

prediction limit calculated from a 

population of individual test runs) to 

establish the emission limits for wasteburning kilns. However, the data set 

used in these calculations has changed 

and grown over this period of time as 

the agency has revised the CISWI 

inventory based on information 

submitted to the agency by the regulated 

community. As a result, a petitioner has 

suggested that the current PM emission 

data set for waste-burning kilns is robust 

enough to warrant using 3-run emission 

test averages as the data population 

rather than the individual test runs. 

According to the commenter, using this 

approach to calculate emission limits 

would result in PM emission limits that 

are different than those of the February 

2013 CISWI final rule. The calculated 

PM emission limits using the test 

averages are also presented in Table 1 

for comparison. 

In the context of MACT analyses, 

emission test averages or individual test 

run data can be used to determine 

emissions variability of best performers. 

We typically use individual test runs, 

but for categories with data from 15 or 

more sources, which would provide at 

least 45 test runs, we may choose to use 

test averages. In these larger datasets, 

the use of test averages or test runs is 


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3022 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

expected to make very little difference 

in the calculated level of the standard. 

In today’s proposal, the EPA is soliciting 

comment on the data set used in the 

February 2013 final rule, as well as 

whether this data set now warrants a 

different calculation approach due to its 

size or other factors. See the memoranda 

titled ‘‘Potential Emission Limits 

Calculation Analyses for Waste-burning 

Kilns and Coal ERUs,’’ ‘‘Approach for 

Applying the Upper Prediction Limit to 

Limited Datasets,’’ and ‘‘Use of the 

Upper Prediction Limit for Calculating 

MACT Floors’’ in the CISWI docket for 

more details. 

TABLE 1—WASTE-BURNING KILN PM EMISSION LIMITS FROM MARCH 2011 FINAL RULE THROUGH PETITIONER’S CURRENT

SUGGESTION

Source type (units) March 2011 Final 

Rule 

December 2011 

Proposed Rule 

February 2013 

Final Rule 

Test averagebased calculated 

limits 

New Sources (mg/dscm) a ....................................................... 2.5 8.9 2.2 4.9 

Existing Sources (mg/dscm) a .................................................. 6.2 9.2 4.6 13.5 

a corrected to 7 percent oxygen (O2). 

3. FVF for Coal-burning Energy 

Recovery Units 

In the preamble to the 2013 final 

CISWI rule, we explained the 

methodology used to establish the final 

emission limits, which relied almost 

exclusively on direct emissions 

measurements. A petitioner expressed 

concern that the derivation of the CISWI 

limits for the coal-fired ERU subcategory 

should take into account the variable 

constituent levels in coal and urged the 

EPA to incorporate fuel variability into 

the emission limit calculations for coalfired ERUs as was done in the Boiler 

MACT for coal-fired boilers. 

The petitioner contended that the 

EPA’s emissions dataset for coal ERUs is 

very limited for the fuel-dependent 

pollutants hydrogen chloride (HCl), lead 

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

sulfur dioxide (SO2), and that emission 

standards based on stack test and CEMS 

data alone are too stringent to be met 

reliably because of the inherent 

variability of the coal. Specifically, they 

noted that emission standards were 

based solely on one stack test for Cd, Pb 

and HCl, two stack tests for Hg and 7 

days of CEMS data for SO2, emphasizing 

the short-term nature of these data. They 

argued that coal has variable levels of 

each of these contaminants, referencing 

historical fuel data previously submitted 

to the agency during the public 

comment period. 

Further, the petitioner expressed their 

concern that EPA based its decision in 

the 2013 final rule on inaccurate 

assumptions about the three Eastman 

boilers in the coal-fired ERU 

subcategory. This concern stemmed 

from an error in the EPA’s response to 

Eastman’s previous comments regarding 

the proposal, which mistakenly stated 

that for some pollutants, the best 

performers were not Eastman units. 

While this statement was true at the 

time of proposal, two significant 

changes were made regarding the coalburning ERU subcategory in finalizing 

the 2013 final rule: (1) The EPA 

determined it would be appropriate to 

subcategorize solid fuel ERUs into coalburning and biomass-burning for HCl 

and Hg as well as the other pollutants; 

and (2) the only other facility having 

emissions data for a coal-burning ERU 

confirmed that the secondary materials 

combusted in their unit met the 

legitimacy criteria for a fuel, and 

therefore the unit was removed from the 

CISWI inventory. With these changes 

implemented, the top performer for 

every pollutant became one of the three 

Eastman units. 

For the 2013 final rule, the EPA’s 

rationale for rejecting comments calling 

for the incorporation of a FVF in the 

emission limit calculations for coalburning ERUs was based on the 

following points: (1) The 

subcategorization of biomass-burning 

and coal-burning ERUs for all nine 

pollutants ensures that the limits 

account for differences in units 

designed to burn coal or biomass; (2) the 

EPA has fuel variability data for only 

one facility within the coal-fired ERU 

subcategory, so the resulting FVF may 

not be reflective of the materials being 

combusted by other sources within the 

subcategory; and, (3) the EPA’s analyses 

indicated that variability was 

adequately accounted for because the 

best performing sources in the coal-fired 

ERU (ERU solids (coal)) subcategory are 

able to meet the final emission limits. 

The petitioner objected to the EPA’s 

assertion that the best performers met 

all of the final emission limits, 

emphasizing that units may not be able 

to consistently meet the standards. 

While they acknowledged that limits set 

for Cd, Pb and Hg may already account 

for contaminant variability (because Pb 

and Hg are controlled by electrostatic 

precipitators (ESPs) and Cd is rarely 

detected in their coal supplies), they 

argue that emissions of SO2 and HCl 

from the best performers are not 

controlled and are entirely dependent 

on sulfur and chlorine content of the 

fuel. This same petitioner also 

contended that the data the EPA used to 

establish the final rule nitrogen oxide 

(NOX) emission limit for the bestperforming unit in the coal-fired ERU 

subcategory does not reflect this unit’s 

actual performance accurately, since it 

reflects only periods of waste 

combustion in the analysis. The 

petitioner noted that this unit, as well 

as the other coal-fired ERUs at this 

facility, operate for extended periods of 

time in a non-waste burning mode. As 

a remedy, the petitioner suggested that 

the EPA use data from both wasteburning and non-waste burning periods 

for the best-performing unit to establish 

maximum achievable control 

technology (MACT) floor emission 

limits, stating that these will more 

accurately reflect actual operating 

conditions for this unit. The petitioner 

subsequently provided the EPA 

additional longer-term NOX CEMS data 

for the best-performing unit (reflecting 

coal-only and waste combustion periods 

of operation) which could be used to 

provide a larger data set on which to 

base the NOX emission limit 

calculations. 

We are, therefore, requesting 

comments and supporting data 

regarding the need to establish a FVF for 

the ERU solids (coal) subcategory, 

including stack test data from coal-only 

periods of operation in our emission 

limit calculations, and whether the EPA 

should re-evaluate the NOX emission 

limit by using the additional CEMS data 

provided for the best performing unit. 

Table 2 presents a comparison of the 

2013 final rule emission limits for 

existing coal ERUs and what the 

emission limit calculation results are 

when all data available (i.e., waste and 

coal-only modes of operation), FVF 

calculation techniques and the 


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additional CEMS data provided by the 

petitioner are used in conjunction to 

calculate the emission limits. See the 

memorandum, ‘‘Potential Emission 

Limits Calculation Analyses for Wasteburning Kilns and Coal ERUs,’’ in the CISWI docket for more details. 

TABLE 2—EXISTING COAL ERU EMISSION LIMITS FROM FEBRUARY 2013 FINAL RULE AND BASED ON FVF PLUS

ADDITIONAL CEMS DATA

Pollutant (units) 

February 2013 

final rule emission 

limit a

Potential emission 

limit using 

additional data 

and FVF a

Cadmium (Cd) (mg/dscm) ........................................................................................................................... 0.0095 0.0017 b

Hydrogen Chloride (HCl) (ppmv) ................................................................................................................. 13 58 c

Mercury (Hg) (mg/dscm) .............................................................................................................................. 0.016 0.013 b

Lead (Pb) (mg/dscm) ................................................................................................................................... 0.14 0.057 c

Particulate Matter (PM filterable) (mg/dscm) ............................................................................................... 160 130 b

Nitrogen Oxides (NOx) (ppmv) .................................................................................................................... 340 460 b

aAll emission limits are expressed as concentrations corrected to 7 percent O2. b Unable to calculate FVF, potential emission limit reflects use of additional data for coal-only mode of operation. 

cBased on maximum ratio in dataset to calculate FVF. If average ratios were used instead, HCl potential emission limit would be 19 (parts per 

million by volume) ppmv and Pb would be 0.047 mg/dscm. 

4. Definition of Kiln 

In today’s rule, the EPA is also 

revising the definition of ‘‘kiln’’ and 

adding definitions of ‘‘in-line raw mill’’ 

and ‘‘in-line coal mill’’ to further clarify 

the boundaries of the waste-burning kiln 

and to remain consistent with similar 

revisions made in the Portland Cement 

NESHAP. Since the in-line raw mill and 

in-line coal mill are part of the kiln, the 

kiln emission limits also apply to the 

exhaust of the in-line raw mill and inline coal mill. For more background on 

this issue, the EPA discussed at length 

in the preamble to the proposed 

Portland Cement NESHAP a potential 

regulatory regime to cover situations 

where a portion of the kiln exhaust is 

ducted to the coal mill. See 77 FR 

42383–85; see also the regulatory text at 

77 FR 42398, 42402–06, 42408–09. 

For waste-burning kilns, we have 

adopted language in the definition of 

‘‘kiln’’ to make it consistent with that of 

the Portland Cement NESHAP. The 

terms ‘‘in-line raw mill’’ and ‘‘in-line 

coal mill’’ are included in this 

definition, and, therefore, are also being 

added to the definitions within the 

CISWI rule. 

In addition to the definitional 

amendments, we are also proposing a 

compliance demonstration and on-going 

monitoring method for waste-burning 

kilns that combine emission streams 

from the in-line raw mill and in-line 

coal mill and exhaust through multiple 

stacks. This approach allows sources to 

measure pollutant concentrations and 

flows from each of the stacks (i.e., kiln, 

alkali bypass, and in-line coal mill, as 

applicable) and calculate a flowweighted average kiln stack 

concentration that must be met in order 

to be in compliance with the CISWI 

waste-burning kiln emission limits. 

These provisions are modeled upon 

similar provisions and equations found 

in the Portland Cement NESHAP, and 

should streamline compliance 

demonstrations for waste-burning kilns 

that combine streams prior to discharge 

to the atmosphere through one or more 

stacks. These proposed calculation 

method and measurement location 

options are found in 40 CFR 60.2145 

and 40 CFR 60.2710. We request 

comments on these definitional and 

calculation method changes to 

demonstrating compliance for wasteburning kilns that combine streams 

prior to discharge to the atmosphere 

through one or more stacks. 

D. Technical Corrections and 

Clarifications 

In today’s rule, we are also proposing 

some changes to the final rule to correct 

minor typographical errors and clarify 

some portions that may have been 

unclear. This section of the preamble 

summarizes these corrections and 

clarifications. 

1. 2000 CISWI New Source 

Applicability Clarification for 

Incinerators and Air Curtain 

Incinerators 

Following promulgation of the 

February 2013 CISWI final rule, the EPA 

received questions regarding the 

continued applicability of the 2000 

CISWI NSPS for units that are subject to 

the 2000 CISWI NSPS as they are 

transitioned from the 2000 NSPS to the 

February 2013 EG with which they will 

eventually be required to comply. The 

2000 CISWI NSPS are the same as the 

2000 CISWI EG and limited in 

applicability to the incinerator 

subcategory and air curtain incinerators 

so only these types of CISWI units being 

regulated in the February 2013 CISWI 

final rules are affected by the 

applicability issue. The EPA intended, 

consistent with the statute and our 

stated intent (see 76 FR 15711, March 

21, 2011), to continue to regulate these 

units as ‘‘new’’ sources under the 2000 

NSPS, and then regulate them as 

‘‘existing’’ sources under the more 

stringent EG once these units were 

covered under an approved state plan or 

federal plan that implements the 

February 2013 CISWI final EG. The 

language in the February 7, 2013 NSPS 

at 40 CFR 60.2105 and the title of Table 

1 to 40 CFR part 60, subpart CCCC make 

the EPA’s intent to do so evident. 

However, the applicability section in 40 

CFR 60.2015 omitted the applicability 

provisions for incinerators and air 

curtain incinerators that are subject to 

the 2000 CISWI NSPS. In today’s 

proposal, the EPA is proposing 

additional language in 40 CFR 

60.2015(a) and 40 CFR 60.2105(b) that 

clarifies that these incinerators and air 

curtain incinerators remain ‘‘new’’ units 

regulated under the 2000 NSPS until 

such time that an approved state plan or 

federal plan implements the February 

2013 EG for those unit, at which time 

such units will be subject to the 2013 

EG to the extent those limits are more 

stringent than the 2000 CISWI NSPS 

limits. 

2. Typographical Errors and Corrections 

The following items are typographical 

errors in the final rule that we are 

proposing to correct in today’s proposal: 

• References in § 60.2020(e), 

§ 60.2020(f), § 60.2555(e), and 

§ 60.2555(f) were changed from ‘‘. . . 

paragraphs (e)(1) through (3) . . .’’ to 

‘‘. . . paragraphs (e)(1) through (4) 

. . .’’. 


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• Restructured § 60.2060 to add 

paragraph (b) that clarifies waste 

management plan submittal timeline for 

CISWI units that commence 

reconstruction or modification after 

August 7, 2013. 

• References in §§ 60.2020(i) and 

60.2245 were revised to include 

§ 60.2242 in addition to §§ 60.2245 

through 60.2260 (i.e., clarifies that air 

curtain incinerators burning wood 

waste, clean lumber, and/or yard waste 

must obtain title V permits). 

• References in §§ 60.2555(i) and 

60.2810 were revised to include 

§ 60.2805 in addition to §§ 60.2810 

through 60.2870(i.e., clarifies that air 

curtain incinerators burning wood 

waste, clean lumber, and/or yard waste 

must obtain title V permits). 

• References in § 60.2110(i)(2)(i)(D) 

and § 60.2675(i)(2)(i)(D) were changed 

from ‘‘. . . paragraphs (i)(2)(i) through 

(iv) . . .’’ to ‘‘. . . paragraphs (i)(2)(i)(A) 

through (i)(2)(i)(C) . . .’’. 

• Two references in the definitions of 

terms for Equation 3 in 

§ 60.2110(i)(2)(iv) were revised. For the 

‘z’ term, ‘‘(2)(a)’’ was corrected to 

‘‘(2)(i)’’, and for the ‘R’ term, ‘‘Equation 

3’’ was corrected to ‘‘Equation 2’’. 

• Two references in the definitions of 

terms for Equation 3 in 

§ 60.2675(i)(2)(iv) were revised. For the 

‘z’ term, ‘‘(2)(a)’’ was corrected to 

‘‘(2)(i)’’, and for the ‘R’ term, ‘‘Equation 

3’’ was corrected to ‘‘Equation 2’’. 

• The language in § 60.2140(c) and 

§ 60.2705(c) were revised to include the 

phrase ‘‘commence or recommence 

combusting’’ to be parallel to the same 

terminology in § 60.2140(b) and 

§ 60.2705(b), respectively. 

• Extra spaces were removed from 

§§ 60.2145(v) and 60.2710(v). 

• The reference in § 60.2145(w)(1) 

was changed from ‘‘§ 60.2675’’ to 

‘‘§ 60.2140’’. 

• The references in § 60.2145(x)(1) 

were changed from ‘‘. . . § 60.2145(l) 

and (x)(1)(i) through (iii) . . .’’ to ‘‘. . . 

paragraphs (l) and (x)(1)(i) through 

(x)(1)(iii) . . .’’ 

• The references in § 60.2710(x)(1) 

were changed from ‘‘. . . § 60.2710(l) 

and (x)(1)(i) through (iii) . . .’’ to ‘‘. . . 

paragraphs (l) and (x)(1)(i) through 

(x)(1)(iii) . . .’’ 

• Language in § 60.2145(x)(1)(iii), 

§ 60.2165(r)(1)(iii), § 60.2710(x)(1)(iii) 

and § 60.2730(r)(1)(iii) was revised to 

clarify the PM continuous parameter 

monitoring system (CPMS) detection 

limit. The phrase ‘‘of no greater than’’ 

was changed to ‘‘increments no greater 

than’’. 

• Provisions for PM CPMS in both 

subparts were revised to also clarify the 

output signals from digital monitoring 

devices and remove ‘‘lb/Mmbtu’’ 

typographical errors. 

• The reference in § 60.2165(q)(1) was 

changed from ‘‘§ 60.2675’’ to 

‘‘§ 60.2140’’. 

• Text in § 60.2165(q)(3) was 

corrected from ‘‘. . . paragraph (q)(4) or 

this section . . .’’ to ‘‘. . . paragraph 

(q)(4) of this section . . .’’. 

• The title of 40 CFR part 60, subpart 

CCCC Table 1 was revised to clarify that 

these emission limits apply to 

incinerators that were subject to the 

2000 CISWI rule provisions. 

• The dates paragraphs (a)(1) and (2) 

of § 60.2535 from the 2000 CISWI rule 

were omitted in the current CFR version 

of the rule, and have been reinserted. 

• Added text in § 60.2525(b) and 

§ 60.2535(b) to clarify applicability for 

incinerators and air curtain incinerators 

that were reconstructed or modified on 

or after June 1, 2001, but no later than 

August 7, 2013. 

• Revised the language of § 60.2550(b) 

to reflect the August 7, 2013 date for 

purposes of applicability with 40 CFR 

part 60, subpart CCCC. 

• The text ‘‘over 10 MMBtu/hr but 

less than 250 MMBtu/hr annual average 

heat input rates’’ was added to 

§ 60.2730(m) for clarification and 

consistency. 

• The definition of chemical recovery 

unit in § 60.2265 was revised to be 

consistent with the definition provided 

in § 60.2875. The following text was 

added: ‘‘A chemical recovery unit is not 

an incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart.’’ 

• Clarifying language was added to 

the HCl row of 40 CFR part 60, subpart 

DDDD Table 8. Compliance method text 

was changed from ‘‘. . . if a wet 

scrubber is not used’’ to ‘‘. . . if a wet 

scrubber or dry scrubber is not used.’’ 

• Text in § 60.2165(o) was corrected 

from ‘‘. . . you must use a continuous 

automated sampling system. . .’’ to 

‘‘. . . you may substitute use of a 

continuous automated sampling system 

for the carbon monoxide annual 

performance test.’’ 

• Revise the definition of ‘‘Oxygen 

trim system’’ to include draft controller 

and to clarify that it is a system that 

maintains the desired excess air level 

over the operating load range. 

• Revise the definition of 

‘‘Reconstruction’’ in both subparts to 

reflect the correct criterion that 

reconstruction begins on or after August 

7, 2013. 

• Renumbered equations in 40 CFR 

part 60, subpart DDDD to be in sequence 

within the subpart instead of being a 

continuation with 40 CFR part 60, 

subpart CCCC. 

• Revised paragraphs §§ 60.2030(c), 

60.2210(h), 60.2220(d), 60.2235, 

60.2770(h), 60.2780(d) and 60.2795 to 

reflect the most recent electronic 

reporting guidance available and to 

further clarify reporting requirements. 

3. Clarifications 

Since publication of the February 7, 

2013 final CISWI rule, the EPA has 

received some stakeholder questions 

and requests for clarification on certain 

rule provisions. We are not proposing 

regulatory language changes for the 

following items, but are providing some 

clarification to these questions: 

• Mass balance as operating limits for 

units without certain control devices— 

A stakeholder has asked for clarification 

on whether a mass balance could be 

used as an operating parameter, and 

whether this must be measured as a 30- 

day rolling average instead of taking a 

monthly sample. Furthermore, the 

stakeholder also asked whether the 

material balance allows them to waive 

annual stack testing. The EPA disagrees 

that mass balance operating parameters 

replace annual stack testing. Stack 

testing and operating parameters work 

in tandem to ensure ongoing 

compliance with the standards. We do, 

however, accept that mass balance 

could be an allowable operating 

parameter in cases where no control 

device is needed to meet the pollutant’s 

specific emission limit applicable to the 

unit. We also point out that any source 

may request a different averaging time 

that is appropriate for their source and 

operating parameter as provided for in 

40 CFR 60.2115. 

• Clarification on who the ‘‘EPA 

Administrator’’ is and who to contact 

for requests for averaging times, 

qualifying facility notifications, etc. We 

have received questions on how to 

contact the Administrator to submit 

notifications, reports and requests. The 

contact information is given in the 

General Provisions, under 40 CFR 60.4, 

and has addresses listed by EPA 

Regional Offices. 

E. Environmental, Energy and Economic 

Impacts 

Today’s action requests comment on 

some provisions and makes technical 

and clarifying corrections, but does not 

propose substantive changes to the 

February 7, 2013, final CISWI rule (78 

FR 9112). As such, there are no 

environmental, energy or economic 

impacts associated with today’s 

proposed action. The impacts associated 

with the CISWI rule were discussed in 

detail in the February 7, 2013, final 

CISWI rule document. 


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F. Affirmative Defense for Violation of 

Emission Standards During Malfunction 

In several prior CAA section 112 and 

CAA section 129 rules, including this 

rule, the EPA included an affirmative 

defense to civil penalties for violations 

caused by malfunctions in an effort to 

create a system that incorporates some 

flexibility, recognizing that there is a 

tension, inherent in many types of air 

regulation, to ensure adequate 

compliance while simultaneously 

recognizing that despite the most 

diligent of efforts, emission standards 

may be violated under circumstances 

entirely beyond the control of the 

source. Although the EPA recognized 

that its case-by-case enforcement 

discretion provides sufficient flexibility 

in these circumstances, it included the 

affirmative defense to provide a more 

formalized approach and more 

regulatory clarity. See Weyerhaeuser Co. 

v. Costle, 590 F.2d 1011, 1057–58 (D.C. 

Cir. 1978) (holding that an informal 

case-by-case enforcement discretion 

approach is adequate); but see Marathon 

Oil Co. v. EPA, 564 F.2d 1253, 1272–73 

(9th Cir. 1977) (requiring a more 

formalized approach to consideration of 

‘‘upsets beyond the control of the permit 

holder.’’). Under the EPA’s regulatory 

affirmative defense provisions, if a 

source could demonstrate in a judicial 

or administrative proceeding that it had 

met the requirements of the affirmative 

defense in the regulation, civil penalties 

would not be assessed. Recently, the 

United States Court of Appeals for the 

District of Columbia Circuit vacated an 

affirmative defense in one of the EPA’s 

CAA section 112 regulations. NRDC v. 

EPA, 749 F.3d 1055 (D.C. Cir., 2014) 

(vacating affirmative defense provisions 

in CAA section 112 rule establishing 

emission standards for Portland cement 

kilns). The Court found that the EPA 

lacked authority to establish an 

affirmative defense for private civil suits 

and held that under the CAA, the 

authority to determine civil penalty 

amounts in such cases lies exclusively 

with the courts, not the EPA. 

Specifically, the Court found: ‘‘As the 

language of the statute makes clear, the 

courts determine, on a case-by-case 

basis, whether civil penalties are 

‘appropriate.’’’ See NRDC, 2014 U.S. 

App. LEXIS 7281 at *21 (‘‘[U]nder this 

statute, deciding whether penalties are 

‘appropriate’ . . . is a job for the courts, 

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

is proposing to remove the regulatory 

affirmative defense provision in the 

current rule. 

In the event that a source fails to 

comply with the applicable CAA section 

129 standards as a result of a 

malfunction event, the EPA would 

determine an appropriate response 

based on, among other things, the good 

faith efforts of the source to minimize 

emissions during malfunction periods, 

including preventative and corrective 

actions, as well as root cause analyses 

to ascertain and rectify excess 

emissions. The EPA would also 

consider whether the source’s failure to 

comply with the CAA section 129 

standard was, in fact, ‘‘sudden, 

infrequent, not reasonably preventable’’ 

and was not instead ‘‘caused in part by 

poor maintenance or careless 

operation.’’ 40 CFR 60.2 (definition of 

malfunction). 

Further, to the extent the EPA files an 

enforcement action against a source for 

violation of an emission standard, the 

source can raise any and all defenses in 

that enforcement action and the federal 

district court will determine what, if 

any, relief is appropriate. The same is 

true for citizen enforcement actions. Cf. 

NRDC at 1064 (arguments that 

violations were caused by unavoidable 

technology failure can be made to the 

courts in future civil cases when the 

issue arises). Similarly, the presiding 

officer in an administrative proceeding 

can consider any defense raised and 

determine whether administrative 

penalties are appropriate. 

II Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

PRA. This action is believed to result in 

no changes to the information collection 

requirements of the February 2013 final 

CISWI rule, so that the information 

collection estimate of project cost and 

hour burden from the final CISWI rule 

have not been revised. However, the 

Office of Managment and Budget (OMB) 

has previously approved the 

information collection activities 

contained in the existing regulations (40 

CFR part 60, subparts CCCC and DDDD) 

under the provisions of the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501, et 

seq., and EPA Information Collection 

Request (ICR) number 2384.05 for 

subpart CCCC, 40 CFR part 60 and EPA 

ICR number 2385.05 for subpart DDDD 

have been assigned. The OMB control 

numbers for the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act (APA) 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. 

(SISNOSE). Small entities include small 

businesses, small organizations and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of this action on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (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; and (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 this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

In making this determination, the 

impact of concern is any significant 

adverse economic impact on small 

entities. An agency may certify that a 

rule will not have a significant 

economic impact on a substantial 

number of small entities if the rule 

relieves regulatory burden, has no net 

burden or otherwise has a positive 

economic effect on the small entities 

subject to the rule. This proposed rule 

will not impose any new requirements 

on any entities because it does not 

impose any additional regulatory 

requirements relative to those specified 

in the February 2013 final CISWI rule. 

The February 2013 final CISWI rule was 

certified as not having a significant 

economic impact on a substantial 

number of small entities. We have 

therefore concluded that this action will 

have no net regulatory burden for all 

directly regulated small entities. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This rule proposes 

amendments to the February 2013 final 

CISWI rule provisions, but they are 

mainly clarifications to existing rule 


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language to aid in implementation, or 

are being made to maintain consistency 

with other, more recent, regulatory 

actions. Therefore, the action imposes 

no enforceable duty on any state, local 

or tribal governments or the private 

sector. Therefore, this rule is not subject 

to the requirements of sections 202 or 

205 of UMRA. 

This action seeks comment on 

specific aspects of the final rule for 

CISWI units and proposes minor 

changes to the rule to correct and clarify 

implementation issues raised by 

stakeholders. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, (65 FR 67249; November 

9, 2000). The EPA is not aware of any 

CISWI in Indian country or owned or 

operated by Indian tribal governments. 

The CISWI aspects of this rule may, 

however, invoke minor indirect tribal 

implications to the extent that entities 

generating solid wastes on tribal lands 

could be affected. Thus, Executive 

Order 13175 does not apply to this 

action. 

The EPA specifically solicits 

additional comment on this proposed 

action from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

proposed corrections do not relax the 

control measures on sources regulated 

by the February 2013 final CISWI rule, 

and, therefore, will not cause emissions 

increases from these sources. The 

February 2013 final CISWI rule will 

reduce emissions of all the listed toxics 

emitted from this source, thereby 

helping to further ensure against any 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances. 

Dated: December 1, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend title 40, 

chapter I, of the Code of Federal 

Regulations as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

■ 2. Part 60 is amended by revising 

subpart CCCC to read as follows: 

Subpart CCCC—Standards of Performance 

for Commercial and Industrial Solid Waste 

Incineration Units 

Sec. 

Introduction 

60.2000 What does this subpart do? 

60.2005 When does this subpart become 

effective? 

Applicability 

60.2010 Does this subpart apply to my 

incineration unit? 

60.2015 What is a new incineration unit? 

60.2020 What combustion units are exempt 

from this subpart? 

60.2030 Who implements and enforces this 

subpart? 

60.2035 How are these new source 

performance standards structured? 

60.2040 Do all eleven components of these 

new source performance standards apply 

at the same time? 

Preconstruction Siting Analysis 

60.2045 Who must prepare a siting 

analysis? 

60.2050 What is a siting analysis? 

Waste Management Plan 

60.2055 What is a waste management plan? 

60.2060 When must I submit my waste 

management plan? 

60.2065 What should I include in my waste 

management plan? 

Operator Training and Qualification 

60.2070 What are the operator training and 

qualification requirements? 

60.2075 When must the operator training 

course be completed? 

60.2080 How do I obtain my operator 

qualification? 

60.2085 How do I maintain my operator 

qualification? 

60.2090 How do I renew my lapsed 

operator qualification? 

60.2095 What site-specific documentation 

is required? 

60.2100 What if all the qualified operators 

are temporarily not accessible? 

Emission Limitations and Operating Limits 

60.2105 What emission limitations must I 

meet and by when? 

60.2110 What operating limits must I meet 

and by when? 

60.2115 What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic 

reduction, an electrostatic precipitator, 

or a dry scrubber to comply with the 

emission limitations? 

Performance Testing 

60.2125 How do I conduct the initial and 

annual performance test? 

60.2130 How are the performance test data 

used? 

Initial Compliance Requirements 

60.2135 How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

60.2140 By what date must I conduct the 

initial performance test? 

60.2141 By what date must I conduct the 

initial air pollution control device 

inspection? 

Continuous Compliance Requirements 

60.2145 How do I demonstrate continuous 

compliance with the emission 

limitations and the operating limits? 

60.2150 By what date must I conduct the 

annual performance test? 


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60.2151 By what date must I conduct the 

annual air pollution control device 

inspection? 

60.2155 May I conduct performance testing 

less often? 

60.2160 May I conduct a repeat 

performance test to establish new 

operating limits? 

Monitoring 

60.2165 What monitoring equipment must 

I install and what parameters must I 

monitor? 

60.2170 Is there a minimum amount of 

monitoring data I must obtain? 

Recordkeeping and Reporting 

60.2175 What records must I keep? 

60.2180 Where and in what format must I 

keep my records? 

60.2185 What reports must I submit? 

60.2190 What must I submit prior to 

commencing construction? 

60.2195 What information must I submit 

prior to initial startup? 

60.2200 What information must I submit 

following my initial performance test? 

60.2205 When must I submit my annual 

report? 

60.2210 What information must I include 

in my annual report? 

60.2215 What else must I report if I have 

a deviation from the operating limits or 

the emission limitations? 

60.2220 What must I include in the 

deviation report? 

60.2225 What else must I report if I have 

a deviation from the requirement to have 

a qualified operator accessible? 

60.2230 Are there any other notifications 

or reports that I must submit? 

60.2235 In what form can I submit my 

reports? 

60.2240 Can reporting dates be changed? 

Title V Operating Permits 

60.2242 Am I required to apply for and 

obtain a Title V operating permit for my 

unit? 

Air Curtain Incinerators 

60.2245 What is an air curtain incinerator? 

60.2250 What are the emission limitations 

for air curtain incinerators? 

60.2255 How must I monitor opacity for air 

curtain incinerators? 

60.2260 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

Definitions 

60.2265 What definitions must I know? 

Tables to Subpart CCCC 

Table 1 to Subpart CCCC of Part 60— 

Emission Limitations for CISWI Units for 

Which Construction is Commenced After 

November 30, 1999, But no Later Than 

June 4, 2010, or for Which Modification or 

Reconstruction is Commenced on or After 

June 1, 2001, But no Later Than August 7, 

2013 

Table 2 to Subpart CCCC of Part 60— 

Operating Limits for Wet Scrubbers 

Table 3 to Subpart CCCC of Part 60—Toxic 

Equivalency Factors 

Table 4 to Subpart CCCC of Part 60— 

Summary of Reporting Requirements 

Table 5 to Subpart CCCC of Part 60— 

Emission Limitations for Incinerators That 

Commenced Construction After June 4, 

2010, or That Commenced Reconstruction 

or Modification After August 7, 2013 

Table 6 to Subpart CCCC of Part 60— 

Emission Limitations for Energy Recovery 

Units That Commenced Construction After 

June 4, 2010, or That Commenced 

Reconstruction or Modification After 

August 7, 2013 

Table 7 to Subpart CCCC of Part 60— 

Emission Limitations for Waste-burning 

Kilns That Commenced Construction After 

June 4, 2010, or Reconstruction or 

Modification After August 7, 2013 

Table 8 to Subpart CCCC of Part 60— 

Emission Limitations for Small, Remote 

Incinerators That Commenced 

Construction After June 4, 2010, Or That 

Commenced Reconstruction or 

Modification After August 7, 2013 

Subpart CCCC—Standards of 

Performance for Commercial and 

Industrial Solid Waste Incineration 

Units 

Introduction 

§ 60.2000 What does this subpart do? 

This subpart establishes new source 

performance standards for commercial 

and industrial solid waste incineration 

(CISWI) units. 

§ 60.2005 When does this subpart become 

effective? 

This subpart takes effect on August 7, 

2013. Some of the requirements in this 

subpart apply to planning the CISWI 

unit (i.e., the preconstruction 

requirements in §§ 60.2045 and 

60.2050). Other requirements such as 

the emission limitations and operating 

limits apply after the CISWI unit begins 

operation. 

Applicability 

§ 60.2010 Does this subpart apply to my 

incineration unit? 

Yes, if your incineration unit meets 

all the requirements specified in 

paragraphs (a) through (c) of this 

section. 

(a) Your incineration unit is a new 

incineration unit as defined in 

§ 60.2015. 

(b) Your incineration unit is a CISWI 

unit as defined in § 60.2265. 

(c) Your incineration unit is not 

exempt under § 60.2020. 

§ 60.2015 What is a new incineration unit? 

(a) A new incineration unit is an 

incineration unit that meets any of the 

criteria specified in paragraph (a)(1) 

through (a)(3) of this section. 

(1) A CISWI unit that commenced 

construction after June 4, 2010. 

(2) A CISWI unit that commenced 

reconstruction or modification after 

August 7, 2013. 

(3) Incinerators and air curtain 

incinerators, as defined in this subpart, 

that commenced construction after 

November 30, 1999, but no later than 

June 4, 2010, or that commenced 

reconstruction or modification on or 

after June 1, 2001, but no later than 

August 7, 2013, are considered new 

incineration units and remain subject to 

the applicable requirements of this 

subpart until the units become subject 

to the requirements of an approved state 

plan or federal plan that implements 

subpart DDDD of this part (Emission 

Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste 

Incineration Units). 

(b) This subpart does not affect your 

CISWI unit if you make physical or 

operational changes to your incineration 

unit primarily to comply with subpart 

DDDD of this part (Emission Guidelines 

and Compliance Times for Commercial 

and Industrial Solid Waste Incineration 

Units). Such changes do not qualify as 

reconstruction or modification under 

this subpart. 

§ 60.2020 What combustion units are 

exempt from this subpart? 

This subpart exempts the types of 

units described in paragraphs (a), (c) 

through (i) and (n) of this section, but 

some units are required to provide 

notifications. Air curtain incinerators 

are exempt from the requirements in 

this subpart except for the provisions in 

§§ 60.2242, 60.2250, and 60.2260. 

(a) Pathological waste incineration 

units. Incineration units burning 90 

percent or more by weight (on a 

calendar quarter basis and excluding the 

weight of auxiliary fuel and combustion 

air) of pathological waste, low-level 

radioactive waste, and/or 

chemotherapeutic waste as defined in 

§ 60.2265 are not subject to this subpart 

if you meet the two requirements 

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

this section. 

(1) Notify the Administrator that the 

unit meets these criteria. 

(2) Keep records on a calendar quarter 

basis of the weight of pathological 

waste, low-level radioactive waste, and/ 

or chemotherapeutic waste burned, and 

the weight of all other fuels and wastes 

burned in the unit. 

(b) [Reserved] 

(c) Municipal waste combustion units. 

Incineration units that are subject to 

subpart Ea of this part (Standards of 

Performance for Municipal Waste 

Combustors); subpart Eb of this part 

(Standards of Performance for Large 

Municipal Waste Combustors); subpart 

Cb of this part (Emission Guidelines and 

Compliance Time for Large Municipal 

Combustors); subpart AAAA of this part 


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(Standards of Performance for Small 

Municipal Waste Combustion Units); or 

subpart BBBB of this part (Emission 

Guidelines for Small Municipal Waste 

Combustion Units). 

(d) Medical waste incineration units. 

Incineration units regulated under 

subpart Ec of this part (Standards of 

Performance for Hospital/Medical/

Infectious Waste Incinerators for Which 

Construction is Commenced After June 

20, 1996) or subpart Ce of this part 

(Emission Guidelines and Compliance 

Times for Hospital/Medical/Infectious 

Waste Incinerators). 

(e) Small power production facilities. 

Units that meet the three requirements 

specified in paragraphs (e)(1) through 

(4) of this section. 

(1) The unit qualifies as a small 

power-production facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity. 

(3) You submit documentation to the 

Administrator notifying the EPA that 

the qualifying small power production 

facility is combusting homogenous 

waste. 

(4) You maintain the records specified 

in § 60.2175(w). 

(f) Cogeneration facilities. Units that 

meet the three requirements specified in 

paragraphs (f)(1) through (4) of this 

section. 

(1) The unit qualifies as a 

cogeneration facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity and steam or 

other forms of energy used for 

industrial, commercial, heating, or 

cooling purposes. 

(3) You submit documentation to the 

Administrator notifying the Agency that 

the qualifying cogeneration facility is 

combusting homogenous waste. 

(4) You maintain the records specified 

in § 60.2175(x). 

(g) Hazardous waste combustion 

units. Units for which you are required 

to get a permit under section 3005 of the 

Solid Waste Disposal Act. 

(h) Materials recovery units. Units 

that combust waste for the primary 

purpose of recovering metals, such as 

primary and secondary smelters. 

(i) Air curtain incinerators. Air 

curtain incinerators that burn only the 

materials listed in paragraphs (i)(1) 

through (3) of this section are only 

required to meet the requirements under 

§ 60.2242 and under ‘‘Air Curtain 

Incinerators’’ (§§ 60.2245 through 

60.2260). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

(j)–(l) [Reserved] 

(m) Sewage treatment plants. 

Incineration units regulated under 

subpart O of this part (Standards of 

Performance for Sewage Treatment 

Plants). 

(n) Sewage sludge incineration units. 

Incineration units combusting sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter that are 

subject to subpart LLLL of this part 

(Standards of Performance for Sewage 

Sludge Incineration Units) or subpart 

MMMM of this part (Emission 

Guidelines for Sewage Sludge 

Incineration Units). 

(o) Other solid waste incineration 

units. Incineration units that are subject 

to subpart EEEE of this part (Standards 

of Performance for Other Solid Waste 

Incineration Units) or subpart FFFF of 

this part (Emission Guidelines and 

Compliance Times for Other Solid 

Waste Incineration Units). 

§ 60.2030 Who implements and enforces 

this subpart? 

(a) This subpart can be implemented 

and enforced by the U.S. Environmental 

Protection Agency (EPA), or a delegated 

authority such as your state, local, or 

tribal agency. If the EPA Administrator 

has delegated authority to your state, 

local, or tribal agency, then that agency 

(as well as EPA) has the authority to 

implement and enforce this subpart. 

You should contact your EPA Regional 

Office to find out if this subpart is 

delegated to your state, local, or tribal 

agency. 

(b) In delegating implementation and 

enforcement authority of this subpart to 

a state, local, or tribal agency, the 

authorities contained in paragraph (c) of 

this section are retained by the EPA 

Administrator and are not transferred to 

the state, local, or tribal agency. 

(c) The authorities that will not be 

delegated to state, local, or tribal 

agencies are specified in paragraphs 

(c)(1) through (4) and (c)(6) through (11) 

of this section. 

(1) Approval of alternatives to the 

emission limitations in table 1 of this 

subpart and operating limits established 

under § 60.2110. 

(2) Approval of major alternatives to 

test methods. 

(3) Approval of major alternatives to 

monitoring. 

(4) Approval of major alternatives to 

recordkeeping and reporting. 

(5) [Reserved] 

(6) The requirements in § 60.2115. 

(7) The requirements in 

§ 60.2100(b)(2). 

(8) Approval of alternative opacity 

emission limits in § 60.2105 under 

§ 60.11(e)(6) through (e)(8). 

(9) Performance test and data 

reduction waivers under § 60.2125(j), 

§ 60.8(b)(4) and (5). 

(10) Determination of whether a 

qualifying small power production 

facility or cogeneration facility under 

§ 60.2020(e) or (f) is combusting 

homogenous waste. 

(11) Approval of an alternative to any 

electronic reporting to the EPA required 

by this subpart. 

§ 60.2035 How are these new source 

performance standards structured? 

These new source performance 

standards contain the eleven major 

components listed in paragraphs (a) 

through (k) of this section. 

(a) Preconstruction siting analysis. 

(b) Waste management plan. 

(c) Operator training and 

qualification. 

(d) Emission limitations and operating 

limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance 

requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

(j) Definitions. 

(k) Tables. 

§ 60.2040 Do all eleven components of 

these new source performance standards 

apply at the same time? 

No. You must meet the 

preconstruction siting analysis and 

waste management plan requirements 

before you commence construction of 

the CISWI unit. The operator training 

and qualification, emission limitations, 

operating limits, performance testing 

and compliance, monitoring, and most 

recordkeeping and reporting 

requirements are met after the CISWI 

unit begins operation. 

Preconstruction Siting Analysis 

§ 60.2045 Who must prepare a siting 

analysis? 

(a) You must prepare a siting analysis 

if you plan to commence construction of 

an incinerator after December 1, 2000. 

(b) You must prepare a siting analysis 

for CISWI units that commenced 

construction after June 4, 2010, or that 

commenced reconstruction or 

modification after August 7, 2013. 

(c) You must prepare a siting analysis 

if you are required to submit an initial 

application for a construction permit 

under 40 CFR part 51, subpart I, or 40 

CFR part 52, as applicable, for the 


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reconstruction or modification of your 

CISWI unit. 

§ 60.2050 What is a siting analysis? 

(a) The siting analysis must consider 

air pollution control alternatives that 

minimize, on a site-specific basis, to the 

maximum extent practicable, potential 

risks to public health or the 

environment. In considering such 

alternatives, the analysis may consider 

costs, energy impacts, nonair 

environmental impacts, or any other 

factors related to the practicability of the 

alternatives. 

(b) Analyses of your CISWI unit’s 

impacts that are prepared to comply 

with state, local, or other federal 

regulatory requirements may be used to 

satisfy the requirements of this section, 

provided they include the consideration 

of air pollution control alternatives 

specified in paragraph (a) of this 

section. 

(c) You must complete and submit the 

siting requirements of this section as 

required under § 60.2190(c) prior to 

commencing construction. 

Waste Management Plan 

§ 60.2055 What is a waste management 

plan? 

A waste management plan is a written 

plan that identifies both the feasibility 

and the methods used to reduce or 

separate certain components of solid 

waste from the waste stream in order to 

reduce or eliminate toxic emissions 

from incinerated waste. 

§ 60.2060 When must I submit my waste 

management plan? 

(a) You must submit a waste 

management plan prior to commencing 

construction. 

(b) For CISWI units that commence 

reconstruction or modification after 

August 7, 2013, you must submit a 

waste management plan prior to the 

commencement of modification or 

reconstruction. 

§ 60.2065 What should I include in my 

waste management plan? 

A waste management plan must 

include consideration of the reduction 

or separation of waste-stream elements 

such as paper, cardboard, plastics, glass, 

batteries, or metals; or the use of 

recyclable materials. The plan must 

identify any additional waste 

management measures and implement 

those measures the source considers 

practical and feasible, considering the 

effectiveness of waste management 

measures already in place, the costs of 

additional measures, the emissions 

reductions expected to be achieved, and 

any other environmental or energy 

impacts they might have. 

Operator Training and Qualification 

§ 60.2070 What are the operator training 

and qualification requirements? 

(a) No CISWI unit can be operated 

unless a fully trained and qualified 

CISWI unit operator is accessible, either 

at the facility or can be at the facility 

within 1 hour. The trained and qualified 

CISWI unit operator may operate the 

CISWI unit directly or be the direct 

supervisor of one or more other plant 

personnel who operate the unit. If all 

qualified CISWI unit operators are 

temporarily not accessible, you must 

follow the procedures in § 60.2100. 

(b) Operator training and qualification 

must be obtained through a 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 eleven subjects 

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

of this section. 

(i) Environmental concerns, including 

types of emissions. 

(ii) Basic combustion principles, 

including products of combustion. 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, waste 

charging, and shutdown procedures. 

(iv) Combustion controls and 

monitoring. 

(v) Operation of air pollution control 

equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices. 

(vii) Actions to prevent and correct 

malfunctions or to prevent conditions 

that may lead to malfunctions. 

(viii) Bottom and fly ash 

characteristics and handling procedures. 

(ix) Applicable federal, state, and 

local regulations, including 

Occupational Safety and Health 

Administration workplace standards. 

(x) Pollution prevention. 

(xi) Waste management practices. 

(2) An examination designed and 

administered by the instructor. 

(3) Written material covering the 

training course topics that may serve as 

reference material following completion 

of the course. 

§ 60.2075 When must the operator training 

course be completed? 

The operator training course must be 

completed by the later of the three dates 

specified in paragraphs (a) through (c) of 

this section. 

(a) Six months after your CISWI unit 

startup. 

(b) December 3, 2001. 

(c) The date before an employee 

assumes responsibility for operating the 

CISWI unit or assumes responsibility for 

supervising the operation of the CISWI 

unit. 

§ 60.2080 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 60.2070(b). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 60.2070(c)(2). 

§ 60.2085 How do I maintain my operator 

qualification? 

To maintain qualification, you must 

complete an annual review or refresher 

course covering, at a minimum, the five 

topics described in paragraphs (a) 

through (e) of this section. 

(a) Update of regulations. 

(b) Incinerator operation, including 

startup and shutdown procedures, waste 

charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Prevention and correction of 

malfunctions or conditions that may 

lead to malfunction. 

(e) Discussion of operating problems 

encountered by attendees. 

§ 60.2090 How do I renew my lapsed 

operator qualification? 

You must renew a lapsed operator 

qualification by one of the two methods 

specified in paragraphs (a) and (b) of 

this section. 

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

you must complete a standard annual 

refresher course described in § 60.2085. 

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

must repeat the initial qualification 

requirements in § 60.2080(a). 

§ 60.2095 What site-specific 

documentation is required? 

(a) Documentation must be available 

at the facility and readily accessible for 

all CISWI unit operators that addresses 

the ten topics described in paragraphs 

(a)(1) through (10) of this section. You 

must maintain this information and the 

training records required by paragraph 

(c) of this section in a manner that they 

can be readily accessed and are suitable 

for inspection upon request. 

(1) Summary of the applicable 

standards under this subpart. 

(2) Procedures for receiving, handling, 

and charging waste. 


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(3) Incinerator startup, shutdown, and 

malfunction procedures. 

(4) Procedures for maintaining proper 

combustion air supply levels. 

(5) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(6) Monitoring procedures for 

demonstrating compliance with the 

incinerator operating limits. 

(7) Reporting and recordkeeping 

procedures. 

(8) The waste management plan 

required under §§ 60.2055 through 

60.2065. 

(9) Procedures for handling ash. 

(10) A list of the wastes burned during 

the performance test. 

(b) You must establish a program for 

reviewing the information listed in 

paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the 

information listed in paragraph (a) of 

this section must be conducted within 

6 months after the effective date of this 

subpart or prior to an employee’s 

assumption of responsibilities for 

operation of the CISWI unit, whichever 

date is later. 

(2) Subsequent annual reviews of the 

information listed in paragraph (a) of 

this section must be conducted not later 

than 12 months following the previous 

review. 

(c) You must also maintain the 

information specified in paragraphs 

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

(1) Records showing the names of 

CISWI unit operators who have 

completed review of the information in 

§ 60.2095(a) as required by § 60.2095(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(2) Records showing the names of the 

CISWI operators who have completed 

the operator training requirements 

under § 60.2070, met the criteria for 

qualification under § 60.2080, and 

maintained or renewed their 

qualification under § 60.2085 or 

§ 60.2090. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(3) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

§ 60.2100 What if all the qualified 

operators are temporarily not accessible? 

If all qualified operators are 

temporarily not accessible (i.e., not at 

the facility and not able to be at the 

facility within 1 hour), you must meet 

one of the two criteria specified in 

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

depending on the length of time that a 

qualified operator is not accessible. 

(a) When all qualified operators are 

not accessible for more than 8 hours, but 

less than 2 weeks, the CISWI unit may 

be operated by other plant personnel 

familiar with the operation of the CISWI 

unit who have completed a review of 

the information specified in § 60.2095(a) 

within the past 12 months. However, 

you must record the period when all 

qualified operators were not accessible 

and include this deviation in the annual 

report as specified under § 60.2210. 

(b) When all qualified operators are 

not accessible for 2 weeks or more, you 

must take the two actions that are 

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

this section. 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

and when you anticipate that a qualified 

operator will be accessible. 

(2) Submit a status report to the 

Administrator every 4 weeks outlining 

what you are doing to ensure that a 

qualified operator is accessible, stating 

when you anticipate that a qualified 

operator will be accessible and 

requesting approval from the 

Administrator to continue operation of 

the CISWI unit. You must submit the 

first status report 4 weeks after you 

notify the Administrator of the 

deviation under paragraph (b)(1) of this 

section. If the Administrator notifies 

you that your request to continue 

operation of the CISWI unit is 

disapproved, the CISWI unit may 

continue operation for 90 days, then 

must cease operation. Operation of the 

unit may resume if you meet the two 

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

(ii) of this section. 

(i) A qualified operator is accessible 

as required under § 60.2070(a). 

(ii) You notify the Administrator that 

a qualified operator is accessible and 

that you are resuming operation. 

Emission Limitations and Operating 

Limits 

§ 60.2105 What emission limitations must I 

meet and by when? 

(a) You must meet the emission 

limitations for each CISWI unit, 

including bypass stack or vent, specified 

in table 1 of this subpart or tables 5 

through 8 of this subpart by the 

applicable date in § 60.2140. You must 

be in compliance with the emission 

limitations of this subpart that apply to 

you at all times. 

(b) An incinerator or air curtain 

incinerator that commenced 

construction after November 30, 1999, 

but no later than June 4, 2010, or that 

commenced reconstruction or 

modification on or after June 1, 2001 but 

no later than August 7, 2013, must 

continue to meet the emission limits in 

table 1 of this subpart for units in the 

incinerator subcategory and § 60.2250 of 

this subpart for air curtain incinerators 

until the units become subject to the 

requirements of an approved state plan 

or federal plan that implements subpart 

DDDD of this part (Emission Guidelines 

and Compliance Times for Commercial 

and Industrial Solid Waste Incineration 

Units). 

§ 60.2110 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber(s) to 

comply with the emission limitations, 

you must establish operating limits for 

up to four operating parameters (as 

specified in table 2 of this subpart) as 

described in paragraphs (a)(1) through 

(4) of this section during the initial 

performance test. 

(1) Maximum charge rate, calculated 

using one of the two different 

procedures in paragraph (a)(1)(i) or (ii), 

as appropriate. 

(i) For continuous and intermittent 

units, maximum charge rate is 110 

percent of the average charge rate 

measured during the most recent 

performance test demonstrating 

compliance with all applicable emission 

limitations. 

(ii) For batch units, maximum charge 

rate is 110 percent of the daily charge 

rate measured during the most recent 

performance test demonstrating 

compliance with all applicable emission 

limitations. 

(2) Minimum pressure drop across the 

wet particulate matter scrubber, which 

is calculated as the lowest 1-hour 

average pressure drop across the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with the particulate matter 

emission limitations; or minimum 

amperage to the wet scrubber, which is 

calculated as the lowest 1-hour average 

amperage to the wet scrubber measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquid flow 

rate, which is calculated as the lowest 

1-hour average liquid flow rate at the 

inlet to the wet acid gas or particulate 

matter scrubber measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 


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(4) Minimum scrubber liquor pH, 

which is calculated as the lowest 1-hour 

average liquor pH at the inlet to the wet 

acid gas scrubber measured during the 

most recent performance test 

demonstrating compliance with the HCl 

emission limitation. 

(b) You must meet the operating 

limits established during the initial 

performance test 60 days after your 

CISWI unit reaches the charge rate at 

which it will operate, but no later than 

180 days after its initial startup. 

(c) If you use a fabric filter to comply 

with the emission limitations, you must 

operate each fabric filter system such 

that the bag leak detection system alarm 

does not sound more than 5 percent of 

the operating time during a 6-month 

period. In calculating this operating 

time percentage, if inspection of the 

fabric filter demonstrates that no 

corrective action is required, no alarm 

time is counted. If corrective action is 

required, each alarm shall be counted as 

a minimum of 1 hour. If you take longer 

than 1 hour to initiate corrective action, 

the alarm time shall be counted as the 

actual amount of time taken by you to 

initiate corrective action. 

(d) If you use an electrostatic 

precipitator to comply with the 

emission limitations, you must measure 

the (secondary) voltage and amperage of 

the electrostatic precipitator collection 

plates during the particulate matter 

performance test. Calculate the average 

electric power value (secondary voltage 

× secondary current = secondary electric 

power) for each test run. The operating 

limit for the electrostatic precipitator is 

calculated as the lowest 1-hour average 

secondary electric power measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(e) If you use activated carbon sorbent 

injection to comply with the emission 

limitations, you must measure the 

sorbent flow rate during the 

performance testing. The operating limit 

for the carbon sorbent injection is 

calculated as the lowest 1-hour average 

sorbent flow rate measured during the 

most recent performance test 

demonstrating compliance with the 

mercury emission limitations. For 

energy recovery units, when your unit 

operates at lower loads, multiply your 

sorbent injection rate by the load 

fraction, as defined in this subpart, to 

determine the required injection rate 

(e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5). 

(f) If you use selective noncatalytic 

reduction to comply with the emission 

limitations, you must measure the 

charge rate, the secondary chamber 

temperature (if applicable to your CISWI 

unit), and the reagent flow rate during 

the nitrogen oxides performance testing. 

The operating limits for the selective 

noncatalytic reduction are calculated as 

the highest 1-hour average charge rate, 

lower secondary chamber temperature, 

and lowest reagent flow rate measured 

during the most recent performance test 

demonstrating compliance with the 

nitrogen oxides emission limitations. 

(g) If you use a dry scrubber to comply 

with the emission limitations, you must 

measure the injection rate of each 

sorbent during the performance testing. 

The operating limit for the injection rate 

of each sorbent is calculated as the 

lowest 1-hour average injection rate or 

each sorbent measured during the most 

recent performance test demonstrating 

compliance with the hydrogen chloride 

emission limitations. For energy 

recovery units, when your unit operates 

at lower loads, multiply your sorbent 

injection rate by the load fraction, as 

defined in this subpart, to determine the 

required injection rate (e.g., for 50 

percent load, multiply the injection rate 

operating limit by 0.5). 

(h) If you do not use a wet scrubber, 

electrostatic precipitator, or fabric filter 

to comply with the emission limitations, 

and if you do not determine compliance 

with your particulate matter emission 

limitation with a particulate matter 

CEMS, you must maintain opacity to 

less than or equal to 10 percent opacity 

(1-hour block average). 

(i) If you use a PM CPMS to 

demonstrate compliance, you must 

establish your PM CPMS operating limit 

and determine compliance with it 

according to paragraphs (i)(1) through 

(5) of this section. 

(1) Determine your operating limit as 

the average PM CPMS output value 

recorded during the performance test or 

at a PM CPMS output value 

corresponding to 75 percent of the 

emission limit if your PM performance 

test demonstrates compliance below 75 

percent of the emission limit. You must 

verify an existing or establish a new 

operating limit after each repeated 

performance test. You must repeat the 

performance test annually and reassess 

and adjust the site-specific operating 

limit in accordance with the results of 

the performance test. 

(i) Your PM CPMS must provide a 4– 

20 milliamp output, or digital 

equivalent, and the establishment of its 

relationship to manual reference 

method measurements must be 

determined in units of milliamps. 

(ii) Your PM CPMS operating range 

must be capable of reading PM 

concentrations from zero to a level 

equivalent to at least two times your 

allowable emission limit. If your PM 

CPMS is an auto-ranging instrument 

capable of multiple scales, the primary 

range of the instrument must be capable 

of reading PM concentration from zero 

to a level equivalent to two times your 

allowable emission limit. 

(iii) During the initial performance 

test or any such subsequent 

performance test that demonstrates 

compliance with the PM limit, record 

and average all milliamp or digital, 

output values from the PM CPMS for the 

periods corresponding to the 

compliance test runs (e.g., average all 

your PM CPMS output values for three 

corresponding 2-hour Method 5I test 

runs). 

(2) If the average of your three PM 

performance test runs are below 75 

percent of your PM emission limit, you 

must calculate an operating limit by 

establishing a relationship of PM CPMS 

signal to PM concentration using the PM 

CPMS instrument zero, the average PM 

CPMS output values corresponding to 

the three compliance test runs, and the 

average PM concentration from the 

Method 5 or performance test with the 

procedures in (i)(1)through (5) of this 

section. 

(i) Determine your instrument zero 

output with one of the following 

procedures: 

(A) Zero point data for in-situ 

instruments should be obtained by 

removing the instrument from the stack 

and monitoring ambient air on a test 

bench. 

(B) Zero point data for extractive 

instruments should be obtained by 

removing the extractive probe from the 

stack and drawing in clean ambient air. 

(C) The zero point can also can be 

established obtained by performing 

manual reference method measurements 

when the flue gas is free of PM 

emissions or contains very low PM 

concentrations (e.g., when your process 

is not operating, but the fans are 

operating or your source is combusting 

only natural gas) and plotting these with 

the compliance data to find the zero 

intercept. 

(D) If none of the steps in paragraphs 

(i)(2)(i)(A) through (i)(2)(i)(C) of this 

section are possible, you must use a zero 

output value provided by the 

manufacturer. 

(ii) Determine your PM CPMS 

instrument average in milliamps, or the 

digital equivalent, and the average of 

your corresponding three PM 

compliance test runs, using equation 1. 


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Where: 

X1 = the PM CPMS output data points for the 

three runs constituting the performance 

test, 

Y1 = the PM concentration value for the three 

runs constituting the performance test, 

and 

n = the number of data points. 

(iii) With your instrument zero 

expressed in milliamps, or the digital 

equivalent, your three run average PM 

CPMS milliamp value, or its digital 

equivalent, and your three run average 

PM concentration from your three 

compliance tests, determine a 

relationship of mg/dscm per milliamp 

or digital signal equivalent with 

equation 2. 

Where: 

R = the relative mg/dscm per milliamp or 

digital equivalent for your PM CPMS, 

Y1 = the three run average mg/dscm PM 

concentration, 

X1 = the three run average milliamp or digital 

signal output from you PM CPMS, and 

z = the milliamp or digital signal equivalent 

of your instrument zero determined from 

(2)(i). 

(iv) Determine your source specific 

30-day rolling average operating limit 

using the mg/dscm per milliamp or 

digital value from equation 2 in 

equation 3, below. This sets your 

operating limit at the PM CPMS output 

value corresponding to 75 percent of 

your emission limit. 

Where: 

Ol = the operating limit for your PM CPMS 

on a 30-day rolling average, in milliamps 

or their digital signal equivalent. 

L = your source emission limit expressed in 

mg/dscm, 

z = your instrument zero in milliamps or the 

digital equivalent, determined from 

(2)(i), and 

R = the relative mg/dscm per milliamp or 

digital signal output equivalent for your 

PM CPMS, from equation 2. 

(3) If the average of your three PM 

compliance test runs is at or above 75 

percent of your PM emission limit you 

must determine your operating limit by 

averaging the PM CPMS milliamp or 

digital signal output corresponding to 

your three PM performance test runs 

that demonstrate compliance with the 

emission limit using equation 4 and you 

must submit all compliance test and PM 

CPMS data according to the reporting 

requirements in paragraph (i)(5) of this 

section. 

Where: 

X1 = the PM CPMS data points for all runs 

i, 

n = the number of data points, and 

Oh = your site specific operating limit, in 

milliamps or digital signal equivalent. 

(4) To determine continuous 

compliance, you must record the PM 

CPMS output data for all periods when 

the process is operating and the PM 

CPMS is not out-of-control. You must 

demonstrate continuous compliance by 

using all quality-assured hourly average 

data collected by the PM CPMS for all 

operating hours to calculate the 

arithmetic average operating parameter 

in units of the operating limit (e.g., 

milliamps or digital signal bits, PM 

concentration, raw data signal) on a 30- 

day rolling average basis. 

(5) For PM performance test reports 

used to set a PM CPMS operating limit, 

the electronic submission of the test 

report must also include the make and 

model of the PM CPMS instrument, 

serial number of the instrument, 

analytical principle of the instrument 

(e.g., beta attenuation), span of the 

instruments primary analytical range, 

milliamp or digital signal value 

equivalent to the instrument zero 

output, technique by which this zero 

value was determined, and the average 

milliamp or digital signals 

corresponding to each PM compliance 

test run. 

§ 60.2115 What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic reduction, 

an electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber, 

activated carbon injection, selective 

noncatalytic reduction, fabric filter, an 

electrostatic precipitator, or a dry 

scrubber or limit emissions in some 

other manner, including material 

balances, to comply with the emission 

limitations under § 60.2105, you must 

petition the EPA Administrator for 

specific operating limits to be 

established during the initial 

performance test and continuously 

monitored thereafter. You must submit 

the petition at least sixty days before the 

performance test is scheduled to begin. 

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 

additional operating limits. 

(b) A discussion of the relationship 

between these parameters and emissions 

of regulated pollutants, identifying how 

emissions of regulated pollutants 

change with changes in these 

parameters and how limits on these 


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parameters will serve to limit emissions 

of regulated pollutants. 

(c) A discussion of how you will 

establish the upper and/or lower values 

for these parameters which will 

establish the operating limits on these 

parameters. 

(d) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

these parameters, as well as the relative 

accuracy and precision of these methods 

and instruments. 

(e) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

Performance Testing 

§ 60.2125 How do I conduct the initial and 

annual performance test? 

(a) All performance tests must consist 

of a minimum of three test runs 

conducted under conditions 

representative of normal operations. 

(b) You must document that the waste 

burned during the performance test is 

representative of the waste burned 

under normal operating conditions by 

maintaining a log of the quantity of 

waste burned (as required in 

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

burned during the performance test. 

(c) All performance tests must be 

conducted using the minimum run 

duration specified in table 1 of this 

subpart or tables 5 through 8 of this 

subpart. 

(d) Method 1 of appendix A of this 

part must be used to select the sampling 

location and number of traverse points. 

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

of this part must be used for gas 

composition analysis, including 

measurement of oxygen concentration. 

Method 3A or 3B of appendix A of this 

part must be used simultaneously with 

each method. 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using equation 5 of 

this section: 

Where: 

Cadj = pollutant concentration adjusted to 

7 percent oxygen; 

Cmeas = pollutant concentration measured 

on a dry basis; 

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

oxygen (defined oxygen correction basis); 

20.9 = oxygen concentration in air, percent; 

and 

%O2 = oxygen concentration measured on 

a dry basis, percent. 

(g) You must determine dioxins/

furans toxic equivalency by following 

the procedures in paragraphs (g)(1) 

through (4) of this section. 

(1) Measure the concentration of each 

dioxin/furan tetra-through octachlorinated isomer emitted using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7. 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.) 

(3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer 

measured in accordance with paragraph 

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

the isomer concentration by its 

corresponding toxic equivalency factor 

specified in table 3 of this subpart. 

(4) Sum the products calculated in 

accordance with paragraph (g)(3) of this 

section to obtain the total concentration 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(h) Method 22 at 40 CFR part 60, 

appendix A–7 of this part must be used 

to determine compliance with the 

fugitive ash emission limit in table 1 of 

this subpart or tables 5 through 8 of this 

subpart. 

(i) If you have an applicable opacity 

operating limit, you must determine 

compliance with the opacity limit using 

Method 9 at 40 CFR part 60, appendix 

A–4 of this part, based on three 1-hour 

blocks consisting of ten 6-minute 

average opacity values, unless you are 

required to install a continuous opacity 

monitoring system, consistent with 

§§ 60.2145 and 60.2165. 

(j) You must determine dioxins/furans 

total mass basis by following the 

procedures in paragraphs (j)(1) through 

(3) of this section. 

(1) Measure the concentration of each 

dioxin/furan tetra-through octachlorinated isomer emitted using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7. 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.) 

(3) Sum the quantities measured in 

accordance with paragraphs (j)(1) and 

(2) of this section to obtain the total 

concentration of dioxins/furans emitted 

in terms of total mass basis. 

§ 60.2130 How are the performance test 

data used? 

You use results of performance tests 

to demonstrate compliance with the 

emission limitations in table 1 of this 

subpart or tables 5 through 8 of this 

subpart. 

Initial Compliance Requirements 

§ 60.2135 How do I demonstrate initial 

compliance with the emission limitations 

and establish the operating limits? 

You must conduct a performance test, 

as required under §§ 60.2125 and 

60.2105 to determine compliance with 

the emission limitations in table 1 of 

this subpart or tables 5 through 8 of this 

subpart, to establish compliance with 

any opacity operating limit in § 60.2110, 

to establish the kiln-specific emission 

limit in § 60.2145(y), as applicable, and 

to establish operating limits using the 

procedures in §§ 60.2110 or 60.2115. 

The performance test must be 

conducted using the test methods listed 

in table 1 of this subpart or tables 5 

through 8 of this subpart and the 

procedures in § 60.2125. The use of the 

bypass stack during a performance test 

shall invalidate the performance test. 

You must conduct a performance 

evaluation of each continuous 

monitoring system within 60 days of 

installation of the monitoring system. 

§ 60.2140 By what date must I conduct the 

initial performance test? 

(a) The initial performance test must 

be conducted within 60 days after your 

CISWI unit reaches the charge rate at 

which it will operate, but no later than 

180 days after its initial startup. 

(b) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility, and you conducted a 

test consistent with the provisions of 

this subpart while combusting the solid 

waste within the 6 months preceding 

the reintroduction of that solid waste in 

the combustion chamber, you do not 

need to retest until 6 months from the 

date you reintroduce that solid waste. 


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(c) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you have not 

conducted a performance test consistent 

with the provisions of this subpart 

while combusting the solid waste 

within the 6 months preceding the 

reintroduction of that solid waste in the 

combustion chamber, you must conduct 

a performance test within 60 days from 

the date you reintroduce that solid 

waste. 

§ 60.2141 By what date must I conduct the 

initial air pollution control device 

inspection? 

(a) The initial air pollution control 

device inspection must be conducted 

within 60 days after installation of the 

control device and the associated CISWI 

unit reaches the charge rate at which it 

will operate, but no later than 180 days 

after the device’s initial startup. 

(b) Within 10 operating days 

following an air pollution control device 

inspection, all necessary repairs must be 

completed unless the owner or operator 

obtains written approval from the state 

agency establishing a date whereby all 

necessary repairs of the designated 

facility must be completed. 

Continuous Compliance Requirements 

§ 60.2145 How do I demonstrate 

continuous compliance with the emission 

limitations and the operating limits? 

(a) Compliance with standards. 

(1) The emission standards and 

operating requirements set forth in this 

subpart apply at all times. 

(2) If you cease combusting solid 

waste, you may opt to remain subject to 

the provisions of this subpart. 

Consistent with the definition of CISWI 

unit, you are subject to the requirements 

of this subpart at least 6 months 

following the last date of solid waste 

combustion. Solid waste combustion is 

ceased when solid waste is not in the 

combustion chamber (i.e., the solid 

waste feed to the combustor has been 

cut off for a period of time not less than 

the solid waste residence time). 

(3) If you cease combusting solid 

waste, you must be in compliance with 

any newly applicable standards on the 

effective date of the waste-to-fuel 

switch. The effective date of the wasteto-fuel switch is a date selected by you, 

that must be at least 6 months from the 

date that you ceased combusting solid 

waste, consistent with § 60.2145(a)(2). 

Your source must remain in compliance 

with this subpart until the effective date 

of the waste-to-fuel switch. 

(4) If you own or operate an existing 

commercial or industrial combustion 

unit that combusted a fuel or non-waste 

material, and you commence or 

recommence combustion of solid waste, 

you are subject to the provisions of this 

subpart as of the first day you introduce 

or reintroduce solid waste to the 

combustion chamber, and this date 

constitutes the effective date of the fuelto-waste switch. You must complete all 

initial compliance demonstrations for 

any section 112 standards that are 

applicable to your facility before you 

commence or recommence combustion 

of solid waste. You must provide 30 

days prior notice of the effective date of 

the waste-to-fuel switch. The 

notification must identify: 

(i) The name of the owner or operator 

of the CISWI unit, the location of the 

source, the emissions unit(s) that will 

cease burning solid waste, and the date 

of the notice; 

(ii) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

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

and solid waste(s) the CISWI unit is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(iv) The date on which you became 

subject to the currently applicable 

emission limits; 

(v) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

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

(5) All air pollution control 

equipment necessary for compliance 

with any newly applicable emissions 

limits which apply as a result of the 

cessation or commencement or 

recommencement of combusting solid 

waste must be installed and operational 

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

(6) All monitoring systems necessary 

for compliance with any newly 

applicable monitoring requirements 

which apply as a result of the cessation 

or commencement or recommencement 

of combusting solid waste must be 

installed and operational as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. All calibration and 

drift checks must be performed as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. Relative accuracy 

tests must be performed as of the 

performance test deadline for PM CEMS 

(if PM CEMS are elected to demonstrate 

continuous compliance with the 

particulate matter emission limits). 

Relative accuracy testing for other 

CEMS need not be repeated if that 

testing was previously performed 

consistent with Clean Air Act section 

112 monitoring requirements or 

monitoring requirements under this 

subpart. 

(b) You must conduct an annual 

performance test for the pollutants 

listed in table 1 of this subpart or tables 

5 through 8 of this subpart and opacity 

for each CISWI unit as required under 

§ 60.2125. The annual performance test 

must be conducted using the test 

methods listed in table 1 of this subpart 

or tables 5 through 8 of this subpart and 

the procedures in § 60.2125. Annual 

performance tests are not required if you 

use CEMS or continuous opacity 

monitoring systems to determine 

compliance. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.2110 or established under § 60.2115 

and as specified in § 60.2170. Use 3- 

hour block average values to determine 

compliance (except for baghouse leak 

detection system alarms) unless a 

different averaging period is established 

under § 60.2115 or, for energy recovery 

units, where the averaging time for each 

operating parameter is a 30-day rolling, 

calculated each hour as the average of 

the previous 720 operating hours. 

Operation above the established 

maximum, below the established 

minimum, or outside the allowable 

range of operating limits specified in 

paragraph (a) of this section constitutes 

a deviation from your operating limits 

established under this subpart, except 

during performance tests conducted to 

determine compliance with the 

emission and operating limits or to 

establish new operating limits. 

Operating limits are confirmed or 

reestablished during performance tests. 

(d) You must burn only the same 

types of waste and fuels used to 

establish subcategory applicability (for 

energy recovery units) and operating 

limits during the performance test. 

(e) For energy recovery units, 

incinerators, and small remote units, 

you must perform an annual visual 

emissions test for ash handling. 

(f) For energy recovery units, you 

must conduct an annual performance 

test for opacity (except where 

particulate matter CEMS or continuous 

opacity monitoring systems are used are 

used) and the pollutants listed in table 

6 of this subpart. 

(g) You may elect to demonstrate 

continuous compliance with the carbon 

monoxide emission limit using a carbon 

monoxide CEMS according to the 

following requirements: 

(1) You must measure emissions 

according to § 60.13 to calculate 1-hour 


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arithmetic averages, corrected to 7 

percent oxygen. CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content. You must demonstrate 

initial compliance with the carbon 

monoxide emissions limit using a 30- 

day rolling average of these 1-hour 

arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown as defined 

in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7 of this part. 

(2) Operate the carbon monoxide 

CEMS in accordance with the 

requirements of performance 

specification 4A of appendix B of this 

part and quality assurance procedure 1 

of appendix F of this part. 

(h) Coal and liquid/gas energy 

recovery units with average annual heat 

input rates greater than or equal to 250 

MMBtu/hr may elect to demonstrate 

continuous compliance with the 

particulate matter emissions limit using 

a particulate matter CEMS according to 

the procedures in § 60.2165(n) instead 

of the particulate matter continuous 

parameter monitoring system (CPMS) 

specified in § 60.2145. Coal and liquid/ 

gas energy recovery units with annual 

average heat input rates less than 250 

MMBtu/hr, incinerators, and small 

remote incinerators may also elect to 

demonstrate compliance using a 

particulate matter CEMS according to 

the procedures in § 60.2165(n) instead 

of particulate matter testing with EPA 

Method 5 at 40 CFR part 60, appendix 

A–3 and, if applicable, the continuous 

opacity monitoring requirements in 

paragraph (i) of this section. 

(i) For energy recovery units with 

annual average heat input rates greater 

than or equal to 10 MMBtu/hour and 

less than 250 MMBtu/hr, you must 

install, operate, certify and maintain a 

continuous opacity monitoring system 

(COMS) according to the procedures in 

§ 60.2165. 

(j) For waste-burning kilns, you must 

conduct an annual performance test for 

cadmium, lead, dioxins/furans and 

hydrogen chloride as listed in table 7 of 

this subpart. You must determine 

compliance with hydrogen chloride 

using a hydrogen chloride CEMS if you 

do not use an acid gas wet scrubber or 

dry scrubber. You must determine 

compliance with nitrogen oxides, sulfur 

dioxide, and carbon monoxide using 

CEMS. You must determine compliance 

with particulate matter using CPMS. 

You must determine compliance with 

the mercury emissions limit using a 

mercury CEMS according to the 

following requirements: 

(1) Operate a CEMS system in 

accordance with performance 

specification 12A of 40 CFR part 60, 

appendix B or a sorbent trap based 

integrated monitor in accordance with 

performance specification 12B of 40 

CFR part 60, appendix B. The duration 

of the performance test must be a 

calendar month. For each calendar 

month in which the waste-burning kiln 

operates, hourly mercury concentration 

data, and stack gas volumetric flow rate 

data must be obtained. You must 

demonstrate compliance with the 

mercury emissions limit using a 30-day 

rolling average of these 1-hour mercury 

concentrations, including CEMS data 

during startup and shutdown as defined 

in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7 of this part. CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. 

(2) Owners or operators using a 

mercury CEMS must install, operate, 

calibrate, and maintain an instrument 

for continuously measuring and 

recording the mercury mass emissions 

rate to the atmosphere according to the 

requirements of performance 

specifications 6 and 12A of 40 CFR part 

60, appendix B, and quality assurance 

procedure 6 of 40 CFR part 60, appendix 

F. 

(3) The owner or operator of a wasteburning kiln must demonstrate initial 

compliance by operating a mercury 

CEMS while the raw mill of the in-line 

kiln/raw mill is operating under normal 

conditions and including at least one 

period when the raw mill is off. 

(k) If you use an air pollution control 

device to meet the emission limitations 

in this subpart, you must conduct an 

initial and annual inspection of the air 

pollution control device. The inspection 

must include, at a minimum, the 

following: 

(1) Inspect air pollution control 

device(s) for proper operation. 

(2) Develop a site-specific monitoring 

plan according to the requirements in 

paragraph (l) of this section. This 

requirement also applies to you if you 

petition the EPA Administrator for 

alternative monitoring parameters under 

§ 60.13(i). 

(l) For each continuous monitoring 

system required in this section, you 

must develop and submit to the EPA 

Administrator for approval a sitespecific monitoring plan according to 

the requirements of this paragraph (l) 

that addresses paragraphs (l)(1)(i) 

through (vi) of this section. 

(1) You must submit this site-specific 

monitoring plan at least 60 days before 

your initial performance evaluation of 

your continuous monitoring system. 

(i) Installation of the continuous 

monitoring system sampling probe or 

other interface at a measurement 

location relative to each affected process 

unit such that the measurement is 

representative of control of the exhaust 

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

last control device). 

(ii) Performance and equipment 

specifications for the sample interface, 

the pollutant concentration or 

parametric signal analyzer and the data 

collection and reduction systems. 

(iii) Performance evaluation 

procedures and acceptance criteria (e.g., 

calibrations). 

(iv) Ongoing operation and 

maintenance procedures in accordance 

with the general requirements of 

§ 60.11(d). 

(v) Ongoing data quality assurance 

procedures in accordance with the 

general requirements of § 60.13. 

(vi) Ongoing recordkeeping and 

reporting procedures in accordance with 

the general requirements of § 60.7(b), 

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

(2) You must conduct a performance 

evaluation of each continuous 

monitoring system in accordance with 

your site-specific monitoring plan. 

(3) You must operate and maintain 

the continuous monitoring system in 

continuous operation according to the 

site-specific monitoring plan. 

(m) If you have an operating limit that 

requires the use of a flow monitoring 

system, you must meet the requirements 

in paragraphs (l) and (m)(1) through (4) 

of this section. 

(1) Install the flow sensor and other 

necessary equipment in a position that 

provides a representative flow. 

(2) Use a flow sensor with a 

measurement sensitivity at full scale of 

no greater than 2 percent. 

(3) Minimize the effects of swirling 

flow or abnormal velocity distributions 

due to upstream and downstream 

disturbances. 

(4) Conduct a flow monitoring system 

performance evaluation in accordance 

with your monitoring plan at the time 

of each performance test but no less 

frequently than annually. 

(n) If you have an operating limit that 

requires the use of a pressure 

monitoring system, you must meet the 

requirements in paragraphs (l) and (n)(1) 

through (6) of this section. 

(1) Install the pressure sensor(s) in a 

position that provides a representative 

measurement of the pressure (e.g., PM 

scrubber pressure drop). 


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(2) Minimize or eliminate pulsating 

pressure, vibration, and internal and 

external corrosion. 

(3) Use a pressure sensor with a 

minimum tolerance of 1.27 centimeters 

of water or a minimum tolerance of 1 

percent of the pressure monitoring 

system operating range, whichever is 

less. 

(4) Perform checks at the frequency 

outlined in your site-specific monitoring 

plan to ensure pressure measurements 

are not obstructed (e.g., check for 

pressure tap plugging daily). 

(5) Conduct a performance evaluation 

of the pressure monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than annually. 

(6) If at any time the measured 

pressure exceeds the manufacturer’s 

specified maximum operating pressure 

range, conduct a performance 

evaluation of the pressure monitoring 

system in accordance with your 

monitoring plan and confirm that the 

pressure monitoring system continues to 

meet the performance requirements in 

your monitoring plan. Alternatively, 

install and verify the operation of a new 

pressure sensor. 

(o) If you have an operating limit that 

requires a pH monitoring system, you 

must meet the requirements in 

paragraphs (l) and (o)(1) through (4) of 

this section. 

(1) Install the pH sensor in a position 

that provides a representative 

measurement of scrubber effluent pH. 

(2) Ensure the sample is properly 

mixed and representative of the fluid to 

be measured. 

(3) Conduct a performance evaluation 

of the pH monitoring system in 

accordance with your monitoring plan 

at least once each process operating day. 

(4) Conduct a performance evaluation 

(including a two-point calibration with 

one of the two buffer solutions having 

a pH within 1 of the pH of the operating 

limit) of the pH monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than quarterly. 

(p) If you have an operating limit that 

requires a secondary electric power 

monitoring system for an electrostatic 

precipitator, you must meet the 

requirements in paragraphs (l) and (p)(1) 

through (2) of this section. 

(1) Install sensors to measure 

(secondary) voltage and current to the 

precipitator collection plates. 

(2) Conduct a performance evaluation 

of the electric power monitoring system 

in accordance with your monitoring 

plan at the time of each performance 

test but no less frequently than 

annually. 

(q) If you have an operating limit that 

requires the use of a monitoring system 

to measure sorbent injection rate (e.g., 

weigh belt, weigh hopper, or hopper 

flow measurement device), you must 

meet the requirements in paragraphs (l) 

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

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

that provides a representative 

measurement of the total sorbent 

injection rate. 

(2) Conduct a performance evaluation 

of the sorbent injection rate monitoring 

system in accordance with your 

monitoring plan at the time of each 

performance test but no less frequently 

than annually. 

(r) If you elect to use a fabric filter bag 

leak detection system to comply with 

the requirements of this subpart, you 

must install, calibrate, maintain, and 

continuously operate a bag leak 

detection system as specified in 

paragraphs (l) and (r)(1) through (5) of 

this section. 

(1) Install a bag leak detection 

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

representative of the relative or absolute 

particulate matter loadings for each 

exhaust stack, roof vent, or 

compartment (e.g., for a positive 

pressure fabric filter) of the fabric filter. 

(2) Use a bag leak detection system 

certified by the manufacturer to be 

capable of detecting particulate matter 

emissions at concentrations of 10 

milligrams per actual cubic meter or 

less. 

(3) Conduct a performance evaluation 

of the bag leak detection system in 

accordance with your monitoring plan 

and consistent with the guidance 

provided in EPA–454/R–98–015 

(incorporated by reference, see § 60.17). 

(4) Use a bag leak detection system 

equipped with a device to continuously 

record the output signal from the sensor. 

(5) Use a bag leak detection system 

equipped with a system that will sound 

an alarm when an increase in relative 

particulate matter emissions over a 

preset level is detected. The alarm must 

be located where it is observed readily 

by plant operating personnel. 

(s) For facilities using a CEMS to 

demonstrate compliance with the sulfur 

dioxide emission limit, compliance with 

the sulfur dioxide emission limit may be 

demonstrated by using the CEMS 

specified in § 60.2165 to measure sulfur 

dioxide. CEMS data during startup and 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. You must calculate a 30-day 

rolling average of the 1-hour arithmetic 

average emission concentrations, 

including CEMS data during startup and 

shutdown as defined in this subpart, 

calculated using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 at 40 CFR part 60, Appendix A–7 of 

this part. The sulfur dioxide CEMS must 

be operated according to performance 

specification 2 in appendix B of this 

part and must follow the procedures 

and methods specified in this 

paragraph(s). For sources that have 

actual inlet emissions less than 100 

parts per million dry volume, the 

relative accuracy criterion for inlet 

sulfur dioxide CEMS should be no 

greater than 20 percent of the mean 

value of the reference method test data 

in terms of the units of the emission 

standard, or 5 parts per million dry 

volume absolute value of the mean 

difference between the reference 

method and the CEMS, whichever is 

greater. 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 in appendix 

B of this part, collect sulfur dioxide and 

oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(s)(1)(i) and (ii) of this section. 

(i) For sulfur dioxide, EPA Reference 

Method 6 or 6C, or as an alternative 

ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see § 60.17) 

must be used. 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, or as 

an alternative ANSI/ASME PTC 19.10– 

1981 (incorporated by reference, see 

§ 60.17), must be used. 

(2) The span value of the CEMS at the 

inlet to the sulfur dioxide control device 

must be 125 percent of the maximum 

estimated hourly potential sulfur 

dioxide emissions of the unit subject to 

this rule. The span value of the CEMS 

at the outlet of the sulfur dioxide 

control device must be 50 percent of the 

maximum estimated hourly potential 

sulfur dioxide emissions of the unit 

subject to this rule. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(t) For facilities using a CEMS to 

demonstrate continuous compliance 

with the nitrogen oxides emission limit, 

compliance with the nitrogen oxides 

emission limit may be demonstrated by 

using the CEMS specified in § 60.2165 

to measure nitrogen oxides. CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. You 

must calculate a 30-day rolling average 

of the 1-hour arithmetic average 

emission concentrations, including 


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CEMS data during startup and 

shutdown as defined in this subpart, 

using equation 19–19 in section 12.4.1 

of EPA Reference Method 19 at 40 CFR 

part 60, appendix A–7 of this part. The 

nitrogen oxides CEMS must be operated 

according to performance specification 

2 in appendix B of this part and must 

follow the procedures and methods 

specified in paragraphs (t)(1) through (5) 

of this section. 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 of appendix 

B of this part, collect nitrogen oxides 

and oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(t)(1)(i) and (ii) of this section. 

(i) For nitrogen oxides, EPA Reference 

Method 7 or 7E at 40 CFR part 60, 

appendix A–4 must be used. 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B at 40 

CFR part 60, appendix A–3, or as an 

alternative ANSI/ASME PTC 19– 

10.1981 (incorporated by reference, see 

§ 60.17), as applicable, must be used. 

(2) The span value of the continuous 

emission monitoring system must be 

125 percent of the maximum estimated 

hourly potential nitrogen oxide 

emissions of the unit. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(4) The owner or operator of an 

affected facility may request that 

compliance with the nitrogen oxides 

emission limit be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. If 

carbon dioxide is selected for use in 

diluent corrections, the relationship 

between oxygen and carbon dioxide 

levels must be established during the 

initial performance test according to the 

procedures and methods specified in 

paragraphs (t)(4)(i) through (t)(4)(iv) of 

this section. This relationship may be 

re-established during performance 

compliance tests. 

(i) The fuel factor equation in Method 

3B must be used to determine the 

relationship between oxygen and carbon 

dioxide at a sampling location. Method 

3A or 3B, or as an alternative ANSI/

ASME PTC 19.10–1981 (incorporated by 

reference, see § 60.17), as applicable, 

must be used to determine the oxygen 

concentration at the same location as 

the carbon dioxide monitor. 

(ii) Samples must be taken for at least 

30 minutes in each hour. 

(iii) Each sample must represent a 1- 

hour average. 

(iv) A minimum of three runs must be 

performed. 

(u) For facilities using a CEMS to 

demonstrate continuous compliance 

with any of the emission limits of this 

subpart, you must complete the 

following: 

(1) Demonstrate compliance with the 

appropriate emission limit(s) using a 30- 

day rolling average of 1-hour arithmetic 

average emission concentrations, 

including CEMS data during startup and 

shutdown as defined in this subpart, 

calculated using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 at 40 CFR part 60, appendix A–7 of 

this part. CEMS data during startup and 

shutdown, as defined in the subpart, are 

not corrected to 7 percent oxygen, and 

are measured at stack oxygen content. 

(2) Operate all CEMS in accordance 

with the applicable procedures under 

appendices B and F of this part. 

(v) Use of the bypass stack at any time 

is an emissions standards deviation for 

particulate matter, HCl, Pb, Cd, Hg, 

NOX, SO2, and dioxin/furans. 

(w) For energy recovery units with a 

design heat input capacity of 100 

MMBtu per hour or greater that do not 

use a carbon monoxide CEMS, you must 

install, operate, and maintain a oxygen 

analyzer system as defined in § 60.2265 

according to the procedures in 

paragraphs (w)(1) through (4) of this 

section. 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2140. 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (w)(3) of this section at all 

times. 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen is not below 

the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test. 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(x) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (x)(1) 

through (x)(8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure). 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with paragraphs (l) and 

(x)(1)(i) through (x)(1)(iii) of this 

section. 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation detection of the exhaust 

gas or representative sample. The 

reportable measurement output from the 

PM CPMS must be expressed as 

milliamps. 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes. 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2110. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or their digital equivalent). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (x)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 


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malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; and 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit and to verify. Within 45 

days of the deviation, you must reestablish the CPMS operating limit. You 

are not required to conduct additional 

testing for any deviations that occur 

between the time of the original 

deviation and the PM emissions 

compliance test required under this 

paragraph. 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(y) When there is an alkali bypass 

and/or an in-line coal mill that exhaust 

emissions through a separate stack(s), 

the combined emissions are subject to 

the emission limits applicable to wasteburning kilns. To determine the kilnspecific emission limit for 

demonstrating compliance, you must: 

(1) Calculate a kiln-specific emission 

limit using equation 6: 

Where: 

Cks = Kiln stack concentration (ppmvd, mg/ 

dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2.) 

Qab = Alkali bypass flow rate (volume/hr) 

Cab = Alkali bypass concentration (ppmvd, 

mg/dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2.) 

Qcm = In-line coal mill flow rate (volume/ 

hr) 

Ccm = In-line coal mill concentration 

(ppmvd, mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qks = Kiln stack flow rate (volume/hr) 

(2) Particulate matter concentration 

must be measured downstream of the 

in-line coal mill. All other pollutant 

concentrations must be measured either 

upstream or downstream of the in-line 

coal mill. 

§ 60.2150 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests between 11 and 13 

months of the previous performance 

test. 

§ 60.2151 By what date must I conduct the 

annual air pollution control device 

inspection? 

On an annual basis (no more than 12 

months following the previous annual 

air pollution control device inspection), 

you must complete the air pollution 

control device inspection as described 

in § 60.2141. 

§ 60.2155 May I conduct performance 

testing less often? 

(a) You must conduct annual 

performance tests according to the 

schedule specified in § 60.2150, with 

the following exceptions: 

(1) You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits to 

apply from that point forward, as 

specified in § 60.2160. The 

Administrator may request a repeat 

performance test at any time. 

(2) You must repeat the performance 

test within 60 days of a process change, 

as defined in § 60.2265. 

(3) If the initial or any subsequent 

performance test for any pollutant in 

table 1 or tables 5 through 8 of this 

subpart, as applicable, demonstrates 

that the emission level for the pollutant 

is no greater than the emission level 

specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

and you are not required to conduct a 

performance test for the pollutant in 

response to a request by the 

Administrator in paragraph (a)(1) of this 

section or a process change in paragraph 

(a)(2) of this section, you may elect to 

skip conducting a performance test for 

the pollutant for the next 2 years. You 

must conduct a performance test for the 

pollutant during the third year and no 

more than 37 months following the 

previous performance test for the 

pollutant. For cadmium and lead, both 

cadmium and lead must be emitted at 

emission levels no greater than their 

respective emission levels specified in 

paragraph (a)(3)(i) of this section for you 

to qualify for less frequent testing under 

this paragraph. 

(i) For particulate matter, hydrogen 

chloride, mercury, nitrogen oxides, 

sulfur dioxide, cadmium, lead and 

dioxins/furans, the emission level equal 

to 75 percent of the applicable emission 

limit in table 1 or tables 5 through 8 of 

this subpart, as applicable, to this 

subpart. 

(ii) For fugitive emissions, visible 

emissions (of combustion ash from the 

ash conveying system) for 2 percent of 

the time during each of the three 1-hour 

observations periods. 

(4) If you are conducting less frequent 

testing for a pollutant as provided in 

paragraph (a)(3) of this section and a 

subsequent performance test for the 

pollutant indicates that your CISWI unit 

does not meet the emission level 

specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

you must conduct annual performance 

tests for the pollutant according to the 

schedule specified in paragraph (a) of 

this section until you qualify for less 

frequent testing for the pollutant as 

specified in paragraph (a)(3) of this 

section. 

(b) [Reserved] 


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§ 60.2160 May I conduct a repeat 

performance test to establish new operating 

limits? 

(a) Yes. You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits. The 

Administrator may request a repeat 

performance test at any time. 

(b) You must repeat the performance 

test if your feed stream is different than 

the feed streams used during any 

performance test used to demonstrate 

compliance. 

Monitoring 

§ 60.2165 What monitoring equipment 

must I install and what parameters must I 

monitor? 

(a) If you are using a wet scrubber to 

comply with the emission limitation 

under § 60.2105, you must install, 

calibrate (to manufacturers’ 

specifications), maintain, and operate 

devices (or establish methods) for 

monitoring the value of the operating 

parameters used to determine 

compliance with the operating limits 

listed in table 2 of this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in table 2 of this subpart at all times 

except as specified in § 60.2170(a). 

(b) If you use a fabric filter to comply 

with the requirements of this subpart, 

you must install, calibrate, maintain, 

and continuously operate a bag leak 

detection system as specified in 

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

section. 

(1) You must install and operate a bag 

leak detection system for each exhaust 

stack of the fabric filter. 

(2) Each bag leak detection system 

must be installed, operated, calibrated, 

and maintained in a manner consistent 

with the manufacturer’s written 

specifications and recommendations. 

(3) The bag leak detection system 

must be certified by the manufacturer to 

be capable of detecting particulate 

matter emissions at concentrations of 10 

milligrams per actual cubic meter or 

less. 

(4) The bag leak detection system 

sensor must provide output of relative 

or absolute particulate matter loadings. 

(5) The bag leak detection system 

must be equipped with a device to 

continuously record the output signal 

from the sensor. 

(6) The bag leak detection system 

must be equipped with an alarm system 

that will alert automatically an operator 

when an increase in relative particulate 

matter emissions over a preset level is 

detected. The alarm must be located 

where it is observed easily by plant 

operating personnel. 

(7) For positive pressure fabric filter 

systems, a bag leak detection system 

must be installed in each baghouse 

compartment or cell. For negative 

pressure or induced air fabric filters, the 

bag leak detector must be installed 

downstream of the fabric filter. 

(8) Where multiple detectors are 

required, the system’s instrumentation 

and alarm may be shared among 

detectors. 

(c) If you are using something other 

than a wet scrubber, activated carbon, 

selective non-catalytic reduction, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations under § 60.2105, you must 

install, calibrate (to the manufacturers’ 

specifications), maintain, and operate 

the equipment necessary to monitor 

compliance with the site-specific 

operating limits established using the 

procedures in § 60.2115. 

(d) If you use activated carbon 

injection to comply with the emission 

limitations in this subpart, you must 

measure the minimum mercury sorbent 

flow rate once per hour. 

(e) If you use selective noncatalytic 

reduction to comply with the emission 

limitations, you must complete the 

following: 

(1) Following the date on which the 

initial performance test is completed or 

is required to be completed under 

§ 60.2125, whichever date comes first, 

ensure that the affected facility does not 

operate above the maximum charge rate, 

or below the minimum secondary 

chamber temperature (if applicable to 

your CISWI unit) or the minimum 

reagent flow rate measured as 3-hour 

block averages at all times. 

(2) Operation of the affected facility 

above the maximum charge rate, below 

the minimum secondary chamber 

temperature and below the minimum 

reagent flow rate simultaneously 

constitute a violation of the nitrogen 

oxides emissions limit. 

(f) If you use an electrostatic 

precipitator to comply with the 

emission limits of this subpart, you 

must monitor the secondary power to 

the electrostatic precipitator collection 

plates and maintain the 3-hour block 

averages at or above the operating limits 

established during the mercury or 

particulate matter performance test. 

(g) For waste-burning kilns not 

equipped with a wet scrubber or dry 

scrubber, in place of hydrogen chloride 

testing with EPA Method 321 at 40 CFR 

part 63, appendix A, an owner or 

operator must install, calibrate, 

maintain, and operate a CEMS for 

monitoring hydrogen chloride emissions 

discharged to the atmosphere and 

record the output of the system. To 

demonstrate continuous compliance 

with the hydrogen chloride emissions 

limit for units other than waste-burning 

kilns not equipped with a wet scrubber 

or dry scrubber, a facility may substitute 

use of a hydrogen chloride CEMS for 

conducting the hydrogen chloride 

annual performance test, monitoring the 

minimum hydrogen chloride sorbent 

flow rate, monitoring the minimum 

scrubber liquor pH, and monitoring 

minimum injection rate. 

(h) To demonstrate continuous 

compliance with the particulate matter 

emissions limit, a facility may substitute 

use of a particulate matter CEMS for 

conducting the PM annual performance 

test and using other CMS for monitoring 

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

ESP secondary power, PM scrubber 

pressure). 

(i) To demonstrate continuous 

compliance with the dioxin/furan 

emissions limit, a facility may substitute 

use of a continuous automated sampling 

system for the dioxin/furan annual 

performance test. You must record the 

output of the system and analyze the 

sample according to EPA Method 23 at 

40 CFR part 60, appendix A–7 of this 

part. This option to use a continuous 

automated sampling system takes effect 

on the date a final performance 

specification applicable to dioxin/furan 

from continuous monitors is published 

in the Federal Register. The owner or 

operator who elects to continuously 

sample dioxin/furan emissions instead 

of sampling and testing using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7 must install, calibrate, maintain, 

and operate a continuous automated 

sampling system and must comply with 

the requirements specified in 

§ 60.58b(p) and (q). A facility may 

substitute continuous dioxin/furan 

monitoring for the minimum sorbent 

flow rate, if activated carbon sorbent 

injection is used solely for compliance 

with the dioxin/furan emission limit. 

(j) To demonstrate continuous 

compliance with the mercury emissions 

limit, a facility may substitute use of a 

continuous automated sampling system 

for the mercury annual performance 

test. You must record the output of the 

system and analyze the sample at set 

intervals using any suitable 

determinative technique that can meet 

performance specification 12B. The 

owner or operator who elects to 

continuously sample mercury emissions 

instead of sampling and testing using 

EPA Reference Method 29 or 30B at 40 

CFR part 60, appendix A–8 of this part, 

ASTM D6784–02 (Reapproved 2008) 

(incorporated by reference, see § 60.17), 

or an approved alternative method for 

measuring mercury emissions, must 


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install, calibrate, maintain, and operate 

a continuous automated sampling 

system and must comply with 

performance specification 12A and 

quality assurance procedure 5, as well 

as the requirements specified in 

§ 60.58b(p) and (q). A facility may 

substitute continuous mercury 

monitoring for the minimum sorbent 

flow rate, if activated carbon sorbent 

injection is used solely for compliance 

with the mercury emission limit. 

(k) To demonstrate continuous 

compliance with the nitrogen oxides 

emissions limit, a facility may substitute 

use of a CEMS for the nitrogen oxides 

annual performance test to demonstrate 

compliance with the nitrogen oxides 

emissions limits and monitoring the 

charge rate, secondary chamber 

temperature, and reagent flow for 

selective noncatalytic reduction, if 

applicable. 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring nitrogen 

oxides emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 2 of appendix 

B of this part, the quality assurance 

procedure one of appendix F of this part 

and the procedures under § 60.13 must 

be followed for installation, evaluation, 

and operation of the CEMS. 

(2) Following the date that the initial 

performance test for nitrogen oxides is 

completed or is required to be 

completed under § 60.2125, compliance 

with the emission limit for nitrogen 

oxides required under § 60.52b(d) must 

be determined based on the 30-day 

rolling average of the hourly emission 

concentrations using CEMS outlet data. 

The 1-hour arithmetic averages must be 

expressed in parts per million by 

volume corrected to 7 percent oxygen 

(dry basis) and used to calculate the 30- 

day rolling average concentrations. 

CEMS data during startup and 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. The 1-hour arithmetic averages 

must be calculated using the data points 

required under § 60.13(e)(2). 

(l) To demonstrate continuous 

compliance with the sulfur dioxide 

emissions limit, a facility may substitute 

use of a continuous automated sampling 

system for the sulfur dioxide annual 

performance test to demonstrate 

compliance with the sulfur dioxide 

emissions limits. 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring sulfur 

dioxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 2 of appendix 

B of this part, the quality assurance 

requirements of procedure one of 

appendix F of this part and procedures 

under § 60.13 must be followed for 

installation, evaluation, and operation 

of the CEMS. 

(2) Following the date that the initial 

performance test for sulfur dioxide is 

completed or is required to be 

completed under § 60.2125, compliance 

with the sulfur dioxide emission limit 

may be determined based on the 30-day 

rolling average of the hourly arithmetic 

average emission concentrations using 

CEMS outlet data. The 1-hour arithmetic 

averages must be expressed in parts per 

million corrected to 7 percent oxygen 

(dry basis) and used to calculate the 30- 

day rolling average emission 

concentrations. CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content. The 1-hour arithmetic 

averages must be calculated using the 

data points required under § 60.13(e)(2). 

(m) For energy recovery units over 10 

MMBtu/hr but less than 250 MMBtu/hr 

annual average heat input rates that do 

not use a wet scrubber, fabric filter with 

bag leak detection system, or particulate 

matter CEMS, you must install, operate, 

certify, and maintain a continuous 

opacity monitoring system according to 

the procedures in paragraphs (m)(1) 

through (5) of this section by the 

compliance date specified in § 60.2105. 

Energy recovery units that use a CEMS 

to demonstrate initial and continuing 

compliance according to the procedures 

in § 60.2165(n) are not required to 

install a continuous opacity monitoring 

system and must perform the annual 

performance tests for the opacity 

consistent with § 60.2145(f). 

(1) Install, operate, and maintain each 

continuous opacity monitoring system 

according to performance specification 

1 of 40 CFR part 60, appendix B. 

(2) Conduct a performance evaluation 

of each continuous opacity monitoring 

system according to the requirements in 

§ 60.13 and according to PS–1 of 40 CFR 

part 60, appendix B. 

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

continuous opacity monitoring system 

must complete a minimum of one cycle 

of sampling and analyzing for each 

successive 10-second period and one 

cycle of data recording for each 

successive 6-minute period. 

(4) Reduce the continuous opacity 

monitoring system data as specified in 

§ 60.13(h)(1). 

(5) Determine and record all the 6- 

minute averages (and 1-hour block 

averages as applicable) collected. 

(n) For coal and liquid/gas energy 

recovery units, incinerators, and small 

remote incinerators, an owner or 

operator may elect to install, calibrate, 

maintain, and operate a CEMS for 

monitoring particulate matter emissions 

discharged to the atmosphere and 

record the output of the system. The 

owner or operator of an affected facility 

who continuously monitors particulate 

matter emissions instead of conducting 

performance testing using EPA Method 

5 at 40 CFR part 60, appendix A–3 or, 

as applicable, monitor with a particulate 

matter CPMS according to paragraph (r) 

of this section, must install, calibrate, 

maintain, and operate a CEMS and must 

comply with the requirements specified 

in paragraphs (n)(1) through (13) of this 

section. 

(1) Notify the Administrator 1 month 

before starting use of the system. 

(2) Notify the Administrator 1 month 

before stopping use of the system. 

(3) The monitor must be installed, 

evaluated, and operated in accordance 

with the requirements of performance 

specification 11 of appendix B of this 

part and quality assurance requirements 

of procedure two of appendix F of this 

part and § 60.13. Use Method 5 or 

Method 5I of Appendix A of this part for 

the PM CEMS correlation testing. 

(4) The initial performance evaluation 

must be completed no later than 180 

days after the date of initial startup of 

the affected facility, as specified under 

§ 60.2125 or within 180 days of 

notification to the Administrator of use 

of the continuous monitoring system if 

the owner or operator was previously 

determining compliance by Method 5 

performance tests, whichever is later. 

(5) The owner or operator of an 

affected facility may request that 

compliance with the particulate matter 

emission limit be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. 

The relationship between oxygen and 

carbon dioxide levels for the affected 

facility must be established according to 

the procedures and methods specified 

in § 60.2145(s)(5)(i) through (s)(5)(iv). 

(6) The owner or operator of an 

affected facility must conduct an initial 

performance test for particulate matter 

emissions as required under § 60.2125. 

Compliance with the particulate matter 

emission limit, if PM CEMS are elected 

for demonstrating compliance, must be 

determined by using the CEMS 

specified in this paragraph (n) to 

measure particulate matter. You must 

calculate a 30-day rolling average of 1- 

hour arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown, as 

defined in this subpart, using equation 

19–19 in section 12.4.1 of EPA 


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Reference Method 19 at 40 CFR part 60, 

appendix A–7. 

(7) Compliance with the particulate 

matter emission limit must be 

determined based on the 30-day rolling 

average calculated using equation 19–19 

in section 12.4.1 of EPA Reference 

Method 19 at 40 CFR part 60, appendix 

A–7 from the 1-hour arithmetic average 

CEMS outlet data. 

(8) At a minimum, valid continuous 

monitoring system hourly averages must 

be obtained as specified in § 60.2170(e). 

(9) The 1-hour arithmetic averages 

required under paragraph (n)(7) of this 

section must be expressed in milligrams 

per dry standard cubic meter corrected 

to 7 percent oxygen (dry basis) and must 

be used to calculate the 30-day rolling 

average emission concentrations. CEMS 

data during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 

1-hour arithmetic averages must be 

calculated using the data points 

required under § 60.13(e)(2). 

(10) All valid CEMS data must be 

used in calculating average emission 

concentrations even if the minimum 

CEMS data requirements of paragraph 

(n)(8) of this section are not met. 

(11) The CEMS must be operated 

according to performance specification 

11 in appendix B of this part. 

(12) During each relative accuracy test 

run of the CEMS required by 

performance specification 11 in 

appendix B of this part, particulate 

matter and oxygen (or carbon dioxide) 

data must be collected concurrently (or 

within a 30- to 60-minute period) by 

both the CEMS and the following test 

methods. 

(i) For particulate matter, EPA 

Reference Method 5 must be used. 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, as 

applicable, must be used. 

(13) Quarterly accuracy 

determinations and daily calibration 

drift tests must be performed in 

accordance with procedure 2 in 

appendix F of this part. 

(o) To demonstrate continuous 

compliance with the carbon monoxide 

emissions limit, you may substitute use 

of a continuous automated sampling 

system for the carbon monoxide annual 

performance test. 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring carbon 

monoxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 4B of 

appendix B of this part, the quality 

assurance procedure 1 of appendix F of 

this part and the procedures under 

§ 60.13 must be followed for 

installation, evaluation, and operation 

of the CEMS. 

(2) Following the date that the initial 

performance test for carbon monoxide is 

completed or is required to be 

completed under § 60.2140, compliance 

with the carbon monoxide emission 

limit may be determined based on the 

30-day rolling average of the hourly 

arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown as defined 

in this subpart, using CEMS outlet data. 

Except for CEMS data during startup 

and shutdown, as defined in this 

subpart, the 1-hour arithmetic averages 

must be expressed in parts per million 

corrected to 7 percent oxygen (dry basis) 

and used to calculate the 30-day rolling 

average emission concentrations. CEMS 

data during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 

1-hour arithmetic averages must be 

calculated using the data points 

required under § 60.13(e)(2). 

(p) The owner/operator of an affected 

source with a bypass stack shall install, 

calibrate (to manufacturers’ 

specifications), maintain, and operate a 

device or method for measuring the use 

of the bypass stack including date, time 

and duration. 

(q) For energy recovery units with a 

design heat input capacity of 100 

MMBtu per hour or greater that do not 

use a carbon monoxide CEMS, you must 

install, operate, and maintain a oxygen 

analyzer system as defined in § 60.2265 

according to the procedures in 

paragraphs (q)(1) through (q)(4) of this 

section. 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2140. 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (q)(3) of this section at all 

times. 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen according to 

paragraph (q)(4) of this section is not 

below the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test. 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(r) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (r)(1) 

through (8) of this section. If you elect 

to use a particulate matter CEMS as 

specified in paragraph (n) of this 

section, you are not required to use a 

PM CPMS to monitor particulate matter 

emissions. For other energy recovery 

units, you may elect to use PM CPMS 

operated in accordance with this 

section. PM CPMS are suitable in lieu of 

using other CMS for monitoring PM 

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

secondary power, PM scrubber 

pressure). 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with § 60.2145(l) and 

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

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation detection of PM in the 

exhaust gas or representative sample. 

The reportable measurement output 

from the PM CPMS must be expressed 

as milliamps or a digital signal 

equivalent. 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes. 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentration increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2110. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or digital bits). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (r)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 


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assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; and 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit and to verify the 

operation of the control device(s). 

Within 45 days of the deviation, you 

must re-establish the CPMS operating 

limit. You are not required to conduct 

additional testing for any deviations that 

occur between the time of the original 

deviation and the PM emissions 

compliance test required under this 

paragraph. 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(s) If you use a dry scrubber to comply 

with the emission limits of this subpart, 

you must monitor the injection rate of 

each sorbent and maintain the 3-hour 

block averages at or above the operating 

limits established during the hydrogen 

chloride performance test. 

§ 60.2170 Is there a minimum amount of 

monitoring data I must obtain? 

For each continuous monitoring 

system required or optionally allowed 

under § 60.2165, you must collect data 

according to this section: 

(a) You must operate the monitoring 

system and collect data at all required 

intervals at all times compliance is 

required except for periods of 

monitoring system malfunctions or outof-control periods, repairs associated 

with monitoring system malfunctions or 

out-of-control periods (as specified in 

60.2210(o) of this part), and required 

monitoring system quality assurance or 

quality control activities (including, as 

applicable, calibration checks and 

required zero and span adjustments). A 

monitoring system malfunction is any 

sudden, infrequent, not reasonably 

preventable failure of the monitoring 

system to provide valid data. 

Monitoring system failures that are 

caused in part by poor maintenance or 

careless operation are not malfunctions. 

You are required to effect monitoring 

system repairs in response to 

monitoring system malfunctions or outof-control periods and to return the 

monitoring system to operation as 

expeditiously as practicable. 

(b) You may not use data recorded 

during monitoring system malfunctions 

or out-of-control periods, repairs 

associated with monitoring system 

malfunctions or out-of-control periods, 

or required monitoring system quality 

assurance or control activities in 

calculations used to report emissions or 

operating levels. You must use all the 

data collected during all other periods, 

including data normalized for above 

scale readings, in assessing the 

operation of the control device and 

associated control system. 

(c) Except for periods of monitoring 

system malfunctions or out-of-control 

periods, repairs associated with 

monitoring system malfunctions or outof-control periods, and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments, 

failure to collect required data is a 

deviation of the monitoring 

requirements. 

Recordkeeping and Reporting 

§ 60.2175 What records must I keep? 

You must maintain the items (as 

applicable) as specified in paragraphs 

(a), (b), and (e) through (x) of this 

section for a period of at least 5 years: 

(a) Calendar date of each record. 

(b) Records of the data described in 

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

section: 

(1) The CISWI unit charge dates, 

times, weights, and hourly charge rates. 

(2) Liquor flow rate to the wet 

scrubber inlet every 15 minutes of 

operation, as applicable. 

(3) Pressure drop across the wet 

scrubber system every 15 minutes of 

operation or amperage to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(5) For affected CISWI units that 

establish operating limits for controls 

other than wet scrubbers under 

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

you must maintain data collected for all 

operating parameters used to determine 

compliance with the operating limits. 

For energy recovery units using 

activated carbon injection or a dry 

scrubber, you must also maintain 

records of the load fraction and 

corresponding sorbent injection rate 

records. 

(6) If a fabric filter is used to comply 

with the emission limitations, you must 

record the date, time, and duration of 

each alarm and the time corrective 

action was initiated and completed, and 

a brief description of the cause of the 

alarm and the corrective action taken. 

You must also record the percent of 

operating time during each 6-month 

period that the alarm sounds, calculated 

as specified in § 60.2110(c). 

(c)–(d) [Reserved] 

(e) Identification of calendar dates 

and times for which data show a 

deviation from the operating limits in 

table 2 of this subpart or a deviation 

from other operating limits established 

under § 60.2110(d) through (g) or 

§ 60.2115 with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(f) The results of the initial, annual, 

and any subsequent performance tests 


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conducted to determine compliance 

with the emission limits and/or to 

establish operating limits, as applicable. 

Retain a copy of the complete test report 

including calculations. 

(g) All documentation produced as a 

result of the siting requirements of 

§§ 60.2045 and 60.2050. 

(h) Records showing the names of 

CISWI unit operators who have 

completed review of the information in 

§ 60.2095(a) as required by § 60.2095(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(i) Records showing the names of the 

CISWI operators who have completed 

the operator training requirements 

under § 60.2070, met the criteria for 

qualification under § 60.2080, and 

maintained or renewed their 

qualification under § 60.2085 or 

§ 60.2090. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(j) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(k) Records of calibration of any 

monitoring devices as required under 

§ 60.2165. 

(l) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(m) The information listed in 

§ 60.2095(a). 

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

quantity of waste burned and the types 

of waste burned (always required). 

(o) Maintain records of the annual air 

pollution control device inspections 

that are required for each CISWI unit 

subject to the emissions limits in table 

1 of this subpart or tables 5 through 8 

of this subpart, any required 

maintenance, and any repairs not 

completed within 10 days of an 

inspection or the timeframe established 

by the state regulatory agency. 

(p) For continuously monitored 

pollutants or parameters, you must 

document and keep a record of the 

following parameters measured using 

continuous monitoring systems. 

(1) All 6-minute average levels of 

opacity. 

(2) All 1-hour average concentrations 

of sulfur dioxide emissions. 

(3) All 1-hour average concentrations 

of nitrogen oxides emissions. 

(4) All 1-hour average concentrations 

of carbon monoxide emissions. You 

must indicate which data are CEMS data 

during startup and shutdown. 

(5) All 1-hour average concentrations 

of particulate matter emissions. 

(6) All 1-hour average concentrations 

of mercury emissions. 

(7) All 1-hour average concentrations 

of hydrogen chloride emissions. 

(8) All 1-hour average percent oxygen 

concentrations. 

(9) All 1-hour average PM CPMS 

readings or particulate matter CEMS 

outputs. 

(q) Records indicating use of the 

bypass stack, including dates, times, 

and durations. 

(r) If you choose to stack test less 

frequently than annually, consistent 

with § 60.2155(a) through (c), you must 

keep annual records that document that 

your emissions in the previous stack 

test(s) were less than 75 percent of the 

applicable emission limit and document 

that there was no change in source 

operations including fuel composition 

and operation of air pollution control 

equipment that would cause emissions 

of the relevant pollutant to increase 

within the past year. 

(s) Records of the occurrence and 

duration of each malfunction of 

operation (i.e., process equipment) or 

the air pollution control and monitoring 

equipment. 

(t) Records of all required 

maintenance performed on the air 

pollution control and monitoring 

equipment. 

(u) Records of actions taken during 

periods of malfunction to minimize 

emissions in accordance with § 60.11(d), 

including corrective actions to restore 

malfunctioning process and air 

pollution control and monitoring 

equipment to its normal or usual 

manner of operation. 

(v) For operating units that combust 

non-hazardous secondary materials that 

have been determined not to be solid 

waste pursuant to § 241.3(b)(1) of this 

chapter, you must keep a record which 

documents how the secondary material 

meets each of the legitimacy criteria 

under § 241.3(d)(1). If you combust a 

fuel that has been processed from a 

discarded non-hazardous secondary 

material pursuant to § 241.3(b)(4) of this 

chapter, you must keep records as to 

how the operations that produced the 

fuel satisfies the definition of processing 

in § 241.2 and each of the legitimacy 

criteria of § 241.3(d)(1) of this chapter. 

If the fuel received a non-waste 

determination pursuant to the petition 

process submitted under § 241.3(c) of 

this chapter, you must keep a record 

that documents how the fuel satisfies 

the requirements of the petition process. 

For operating units that combust nonhazardous secondary materials as fuel 

per § 241.4, you must keep records 

documenting that the material is a listed 

non-waste under § 241.4(a). 

(w) Records of the criteria used to 

establish that the unit qualifies as a 

small power production facility under 

section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 796(17)(C)) and that the 

waste material the unit is proposed to 

burn is homogeneous. 

(x) Records of the criteria used to 

establish that the unit qualifies as a 

cogeneration facility under section 

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

U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is 

homogeneous. 

§ 60.2180 Where and in what format must 

I keep my records? 

All records must be available onsite in 

either paper copy or computer-readable 

format that can be printed upon request, 

unless an alternative format is approved 

by the Administrator. 

§ 60.2185 What reports must I submit? 

See table 4 of this subpart for a 

summary of the reporting requirements. 

§ 60.2190 What must I submit prior to 

commencing construction? 

You must submit a notification prior 

to commencing construction that 

includes the five items listed in 

paragraphs (a) through (e) of this 

section. 

(a) A statement of intent to construct. 

(b) The anticipated date of 

commencement of construction. 

(c) All documentation produced as a 

result of the siting requirements of 

§ 60.2050. 

(d) The waste management plan as 

specified in §§ 60.2055 through 60.2065. 

(e) Anticipated date of initial startup. 

§ 60.2195 What information must I submit 

prior to initial startup? 

You must submit the information 

specified in paragraphs (a) through (e) of 

this section prior to initial startup. 

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

(b) The maximum design waste 

burning capacity. 

(c) The anticipated maximum charge 

rate. 

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

§ 60.2115. 

(e) The anticipated date of initial 

startup. 

§ 60.2200 What information must I submit 

following my initial performance test? 

You must submit the information 

specified in paragraphs (a) through (c) of 

this section no later than 60 days 

following the initial performance test. 

All reports must be signed by the 

facilities manager. 


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(a) The complete test report for the 

initial performance test results obtained 

under § 60.2135, as applicable. 

(b) The values for the site-specific 

operating limits established in § 60.2110 

or § 60.2115. 

(c) If you are using a fabric filter to 

comply with the emission limitations, 

documentation that a bag leak detection 

system has been installed and is being 

operated, calibrated, and maintained as 

required by § 60.2165(b). 

§ 60.2205 When must I submit my annual 

report? 

You must submit an annual report no 

later than 12 months following the 

submission of the information in 

§ 60.2200. You must submit subsequent 

reports no more than 12 months 

following the previous report. (If the 

unit is subject to permitting 

requirements under title V of the Clean 

Air Act, you may be required by the 

permit to submit these reports more 

frequently.) 

§ 60.2210 What information must I include 

in my annual report? 

The annual report required under 

§ 60.2205 must include the ten items 

listed in paragraphs (a) through (j) of 

this section. If you have a deviation 

from the operating limits or the 

emission limitations, you must also 

submit deviation reports as specified in 

§§ 60.2215, 60.2220, and 60.2225. 

(a) Company name and address. 

(b) Statement by a responsible official, 

with that official’s name, title, and 

signature, certifying the accuracy of the 

content of the report. 

(c) Date of report and beginning and 

ending dates of the reporting period. 

(d) The values for the operating limits 

established pursuant to § 60.2110 or 

§ 60.2115. 

(e) If no deviation from any emission 

limitation or operating limit that applies 

to you has been reported, a statement 

that there was no deviation from the 

emission limitations or operating limits 

during the reporting period. 

(f) The highest recorded 3-hour 

average and the lowest recorded 3-hour 

average, as applicable, for each 

operating parameter recorded for the 

calendar year being reported. 

(g) Information recorded under 

§ 60.2175(b)(6) and (c) through (e) for 

the calendar year being reported. 

(h) For each performance test 

conducted during the reporting period, 

if any performance test is conducted, 

the process unit(s) tested, the 

pollutant(s) tested and the date that 

such performance test was conducted. 

Submit, following the procedure 

specified in § 60.2235(b)(i), the 

performance test report no later than the 

date that you submit the annual report. 

(i) If you met the requirements of 

§ 60.2155(a) or (b), and did not conduct 

a performance test during the reporting 

period, you must state that you met the 

requirements of § 60.2155(a) or (b), and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all 

qualified CISWI unit operators were 

unavailable for more than 8 hours, but 

less than 2 weeks. 

(k) If you had a malfunction during 

the reporting period, the compliance 

report must include the number, 

duration, and a brief description for 

each type of malfunction that occurred 

during the reporting period and that 

caused or may have caused any 

applicable emission limitation to be 

exceeded. The report must also include 

a description of actions taken by an 

owner or operator during a malfunction 

of an affected source to minimize 

emissions in accordance with § 60.11(d), 

including actions taken to correct a 

malfunction. 

(l) For each deviation from an 

emission or operating limitation that 

occurs for a CISWI unit for which you 

are not using a continuous monitoring 

system to comply with the emission or 

operating limitations in this subpart, the 

annual report must contain the 

following information. 

(1) The total operating time of the 

CISWI unit at which the deviation 

occurred during the reporting period. 

(2) Information on the number, 

duration, and cause of deviations 

(including unknown cause, if 

applicable), as applicable, and the 

corrective action taken. 

(m) If there were periods during 

which the continuous monitoring 

system, including the CEMS, was out of 

control as specified in paragraph (o) of 

this section, the annual report must 

contain the following information for 

each deviation from an emission or 

operating limitation occurring for a 

CISWI unit for which you are using a 

continuous monitoring system to 

comply with the emission and operating 

limitations in this subpart. 

(1) The date and time that each 

malfunction started and stopped. 

(2) The date, time, and duration that 

each CMS was inoperative, except for 

zero (low-level) and high-level checks. 

(3) The date, time, and duration that 

each continuous monitoring system was 

out-of-control, including start and end 

dates and hours and descriptions of 

corrective actions taken. 

(4) The date and time that each 

deviation started and stopped, and 

whether each deviation occurred during 

a period of malfunction or during 

another period. 

(5) A summary of the total duration of 

the deviation during the reporting 

period, and the total duration as a 

percent of the total source operating 

time during that reporting period. 

(6) A breakdown of the total duration 

of the deviations during the reporting 

period into those that are due to control 

equipment problems, process problems, 

other known causes, and other 

unknown causes. 

(7) A summary of the total duration of 

continuous monitoring system 

downtime during the reporting period, 

and the total duration of continuous 

monitoring system downtime as a 

percent of the total operating time of the 

CISWI unit at which the continuous 

monitoring system downtime occurred 

during that reporting period. 

(8) An identification of each 

parameter and pollutant that was 

monitored at the CISWI unit. 

(9) A brief description of the CISWI 

unit. 

(10) A brief description of the 

continuous monitoring system. 

(11) The date of the latest continuous 

monitoring system certification or audit. 

(12) A description of any changes in 

continuous monitoring system, 

processes, or controls since the last 

reporting period. 

(n) If there were periods during which 

the continuous monitoring system, 

including the CEMS, was not out of 

control as specified in paragraph (o) of 

this section, a statement that there were 

not periods during which the 

continuous monitoring system was out 

of control during the reporting period. 

(o) A continuous monitoring system is 

out of control in accordance with the 

procedure in 40 CFR part 60, appendix 

F of this part, as if any of the following 

occur. 

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

applicable), or high-level calibration 

drift exceeds two times the applicable 

calibration drift specification in the 

applicable performance specification or 

in the relevant standard. 

(2) The continuous monitoring system 

fails a performance test audit (e.g., 

cylinder gas audit), relative accuracy 

audit, relative accuracy test audit, or 

linearity test audit. 

(3) The continuous opacity 

monitoring system calibration drift 

exceeds two times the limit in the 

applicable performance specification in 

the relevant standard. 


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§ 60.2215 What else must I report if I have 

a deviation from the operating limits or the 

emission limitations? 

(a) You must submit a deviation 

report if any recorded 3-hour average 

parameter level is above the maximum 

operating limit or below the minimum 

operating limit established under this 

subpart, if the bag leak detection system 

alarm sounds for more than 5 percent of 

the operating time for the 6-month 

reporting period, or if a performance test 

was conducted that deviated from any 

emission limitation. 

(b) The deviation report must be 

submitted by August 1 of that year for 

data collected during the first half of the 

calendar year (January 1 to June 30), and 

by February 1 of the following year for 

data you collected during the second 

half of the calendar year (July 1 to 

December 31). 

§ 60.2220 What must I include in the 

deviation report? 

In each report required under 

§ 60.2215, for any pollutant or 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the six 

items described in paragraphs (a) 

through (f) of this section. 

(a) The calendar dates and times your 

unit deviated from the emission 

limitations or operating limit 

requirements. 

(b) The averaged and recorded data 

for those dates. 

(c) Durations and causes of the 

following: 

(1) Each deviation from emission 

limitations or operating limits and your 

corrective actions. 

(2) Bypass events and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and for any test report that documents 

the emission levels the process unit(s) 

tested, the pollutant(s) tested and the 

date that the performance test was 

conducted. Submit, following the 

procedure specified in § 60.2235(b)(i), 

the performance test report no later than 

the date that you submit the deviation 

report. 

§ 60.2225 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 the 

Administrator every 4 weeks that 

includes the three items in paragraphs 

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

(i) A description of what you are 

doing to ensure that a qualified operator 

is accessible. 

(ii) The date when you anticipate that 

a qualified operator will be accessible. 

(iii) Request approval from the 

Administrator to continue operation of 

the CISWI unit. 

(b) If your unit was shut down by the 

Administrator, under the provisions of 

§ 60.2100(b)(2), due to a failure to 

provide an accessible qualified operator, 

you must notify the Administrator that 

you are resuming operation once a 

qualified operator is accessible. 

§ 60.2230 Are there any other notifications 

or reports that I must submit? 

(a) Yes. You must submit notifications 

as provided by § 60.7. 

(b) If you cease combusting solid 

waste but continue to operate, you must 

provide 30 days prior notice of the 

effective date of the waste-to-fuel 

switch, consistent with 60.2145(a). The 

notification must identify: 

(1) The name of the owner or operator 

of the CISWI unit, the location of the 

source, the emissions unit(s) that will 

cease burning solid waste, and the date 

of the notice; 

(2) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

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

and solid waste(s) the CISWI unit is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(4) The date on which you became 

subject to the currently applicable 

emission limits; 

(5) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

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

§ 60.2235 In what form can I submit my 

reports? 

(a) Submit initial, annual and 

deviation reports electronically on or 

before the submittal due dates. Submit 

the reports to the EPA via the 

Compliance and Emissions Data 

Reporting Interface (CEDRI). (CEDRI can 

be accessed through the EPA’s Central 

Data Exchange (CDX) (http://

cdx.epa.gov/epa_home.asp).) Use the 

appropriate electronic report in CEDRI 

for this subpart. Instead of using the 

electronic report in CEDRI for this 

subpart, you may submit an alternate 

electronic file format consistent with the 

extensible markup language (XML) 

schema listed on the CEDRI Web site 

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

index.html), once the XML schema is 

available. If the reporting form specific 

to this subpart is not available in CEDRI 

at the time that the report is due, submit 

the report to the Administrator at the 

appropriate address listed in § 60.4. 

Begin submitting reports via CEDRI no 

later than 90 days after the form 

becomes available in CEDRI. The reports 

must be submitted by the deadlines 

specified in this subpart, regardless of 

the method in which the report is 

submitted. 

(b) Submit results of each 

performance test and CEMS 

performance evaluation required by this 

subpart as follows. 

(1) Within 60 days after the date of 

completing each performance test (see 

§ 60.8), submit the results of the 

performance test following the 

procedure specified in either paragraph 

(b)(1)(i) or (b)(1)(ii) of this section. 

(i) For data collected using test 

methods supported by the EPA’s 

Electronic Reporting Tool (ERT) as 

listed on the EPA’s ERT Web site 

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

index.html) at the time of the test, 

submit the results of the performance 

test to the EPA via the CEDRI. (CEDRI 

can be accessed through the EPA’s 

CDX.) Performance test data must be 

submitted in a file format generated 

through the use of the EPA’s ERT. 

Instead of submitting performance test 

data in a file format generated through 

the use of the EPA’s ERT, you may 

submit an alternate electronic file 

format consistent with the XML schema 

listed on the EPA’s ERT Web site, once 

the XML schema is available. If you 

claim that some of the performance test 

information being submitted is 

confidential business information (CBI), 

submit a complete file generated 

through the use of the EPA’s ERT (or an 

alternate electronic file consistent with 

the XML schema listed on the EPA’s 

ERT Web site once the XML schema is 

available), including information 

claimed to be CBI, on a compact disc, 

flash drive, or other commonly used 

electronic storage media to the EPA. The 

electronic media must be clearly marked 

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

CORE CBI Office, Attention: Group 


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Leader, Measurement Policy Group, MD 

C404–02, 4930 Old Page Road, Durham, 

NC 27703. The same ERT or alternate 

file with the CBI omitted must be 

submitted to the EPA via the EPA’s CDX 

as described earlier in this paragraph. 

(ii) For data collected using test 

methods that are not supported by the 

EPA’s ERT as listed on the EPA’s ERT 

Web site at the time of the test, submit 

the results of the performance test to the 

Administrator at the appropriate 

address listed in § 60.4. 

(2) Within 60 days after the date of 

completing each CEMS performance 

evaluation, submit the results of the 

performance evaluation following the 

procedure specified in either paragraph 

(b)(2)(i) or (b)(2)(ii) of this section. 

(i) For performance evaluations of 

continuous monitoring systems 

measuring relative accuracy test audit 

(RATA) pollutants that are supported by 

the EPA’s ERT as listed on the EPA’s 

ERT Web site at the time of the test, 

submit the results of the performance 

evaluation to the EPA via the CEDRI. 

(CEDRI can be accessed through the 

EPA’s CDX.) Performance evaluation 

data must be submitted in a file format 

generated through the use of the EPA’s 

ERT. Instead of submitting performance 

evaluation data in a file format 

generated through the use of the EPA’s 

ERT, you may submit an alternate 

electronic file format consistent with the 

XML schema listed on the EPA’s ERT 

Web site, once the XML schema is 

available. If you claim that some of the 

performance evaluation information 

being submitted is CBI, submit a 

complete file generated through the use 

of the EPA’s ERT (or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT Web 

site once the XML schema is available), 

including information claimed to be 

CBI, on a compact disc, flash drive, or 

other commonly used electronic storage 

media to the EPA. The electronic media 

must be clearly marked as CBI and 

mailed to U.S. EPA/OAQPS/CORE CBI 

Office, Attention: Group Leader, 

Measurement Policy Group, MD C404– 

02, 4930 Old Page Road, Durham, NC 

27703. The same ERT or alternate file 

with the CBI omitted must be submitted 

to the EPA via the EPA’s CDX as 

described earlier in this paragraph. 

(ii) For any performance evaluations 

of continuous monitoring systems 

measuring RATA pollutants that are not 

supported by the EPA’s ERT as listed on 

the EPA’s ERT Web site at the time of 

the test, submit the results of the 

performance evaluation to the 

Administrator at the appropriate 

address listed in § 60.4. 

(c) All information required in this 

subpart to be submitted to the EPA must 

also be submitted in paper format to the 

appropriate state, local or tribal agency 

whenever authority has been delegated 

to such agency (the delegated authority) 

unless the delegated authority specifies 

another format. Information submitted 

in paper format must be postmarked no 

later than the date that the report is 

required to be submitted to the EPA’s 

CDX electronically. Any information 

required to be submitted electronically 

to the EPA’s CDX may, at the discretion 

of the delegated authority, satisfy the 

requirements of this paragraph. 

§ 60.2240 Can reporting dates be 

changed? 

If the Administrator agrees, you may 

change the semiannual or annual 

reporting dates. See § 60.19(c) for 

procedures to seek approval to change 

your reporting date. 

Title V Operating Permits 

§ 60.2242 Am I required to apply for and 

obtain a Title V operating permit for my 

unit? 

Yes. Each CISWI unit and air curtain 

incinerator subject to standards under 

this subpart must operate pursuant to a 

permit issued under Section 129(e) and 

Title V of the Clean Air Act. 

Air Curtain Incinerators 

§ 60.2245 What is an air curtain 

incinerator? 

(a) An air curtain incinerator operates 

by forcefully projecting a curtain of air 

across an open chamber or open pit in 

which combustion occurs. Incinerators 

of this type can be constructed above or 

below ground and with or without 

refractory walls and floor. (Air curtain 

incinerators are not to be confused with 

conventional combustion devices with 

enclosed fireboxes and controlled air 

technology such as mass burn, modular, 

and fluidized bed combustors.) 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (3) of this section are only 

required to meet the requirements under 

§ 60.2242 and under ‘‘Air Curtain 

Incinerators’’ (§§ 60.2245 through 

60.2260). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

§ 60.2250 What are the emission 

limitations for air curtain incinerators? 

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) and (b) of this section. 

(a) Maintain opacity to less than or 

equal to 10 percent opacity (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values), except as 

described in paragraph (b) of this 

section. 

(b) Maintain opacity to less than or 

equal to 35 percent opacity (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values) during the 

startup period that is within the first 30 

minutes of operation. 

§ 60.2255 How must I monitor opacity for 

air curtain incinerators? 

(a) Use Method 9 of appendix A of 

this part to determine compliance with 

the opacity limitation. 

(b) Conduct an initial test for opacity 

as specified in § 60.8. 

(c) After the initial test for opacity, 

conduct annual tests no more than 12 

calendar months following the date of 

your previous test. 

§ 60.2260 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

(a) Prior to commencing construction 

on your air curtain incinerator, submit 

the three items described in paragraphs 

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

(1) Notification of your intent to 

construct the air curtain incinerators. 

(2) Your planned initial startup date. 

(3) Types of materials you plan to 

burn in your air curtain incinerator. 

(b) Keep records of results of all initial 

and annual opacity tests onsite in either 

paper copy or electronic format, unless 

the Administrator approves another 

format, for at least 5 years. 

(c) Make all records available for 

submittal to the Administrator or for an 

inspector’s onsite review. 

(d) You must submit the results (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values) of the initial 

opacity tests no later than 60 days 

following the initial test. Submit annual 

opacity test results within 12 months 

following the previous report. 

(e) Submit initial and annual opacity 

test reports as electronic or paper copy 

on or before the applicable submittal 

date. 

(f) Keep a copy of the initial and 

annual reports onsite for a period of 5 

years. 

Definitions 

§ 60.2265 What definitions must I know? 

Terms used but not defined in this 

subpart are defined in the Clean Air Act 


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and subpart A (General Provisions) of 

this part. 

Administrator means the 

Administrator of the U.S. 

Environmental Protection Agency or 

his/her authorized representative or 

Administrator of a State Air Pollution 

Control Agency. 

30-day rolling average means the 

arithmetic mean of the previous 720 

hours of valid operating data. Valid data 

excludes periods when this unit is not 

operating. The 720 hours should be 

consecutive, but not necessarily 

continuous if operations are 

intermittent. 

Air curtain incinerator means an 

incinerator that operates by forcefully 

projecting a curtain of air across an open 

chamber or pit in which combustion 

occurs. Incinerators of this type can be 

constructed above or below ground and 

with or without refractory walls and 

floor. (Air curtain incinerators are not to 

be confused with conventional 

combustion devices with enclosed 

fireboxes and controlled air technology 

such as mass burn, modular, and 

fluidized bed combustors.) 

Annual heat input means the heat 

input for the 12 months preceding the 

compliance demonstration. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Average annual heat input rate means 

annual heat input divided by the hours 

of operation for the 12 months 

preceding the compliance 

demonstration. 

Bag leak detection system means an 

instrument that is capable of monitoring 

particulate matter loadings in the 

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

in order to detect bag failures. A bag 

leak detection system includes, but is 

not limited to, an instrument that 

operates on triboelectric, light 

scattering, light transmittance, or other 

principle to monitor relative particulate 

matter loadings. 

Burn-off oven means any rack 

reclamation unit, part reclamation unit, 

or drum reclamation unit. A burn-off 

oven is not an incinerator, wasteburning kiln, an energy recovery unit or 

a small, remote incinerator under this 

subpart. 

Bypass stack means a device used for 

discharging combustion gases to avoid 

severe damage to the air pollution 

control device or other equipment. 

Calendar quarter means three 

consecutive months (nonoverlapping) 

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

or October 1. 

Calendar year means 365 consecutive 

days starting on January 1 and ending 

on December 31. 

CEMS data during startup and 

shutdown means the following: 

(1) For incinerators, small remote 

incinerators, and energy recovery units: 

CEMS data collected during the first 

hours of a CISWI unit startup from a 

cold start until waste is fed to the unit 

and the hours of operation following the 

cessation of waste material being fed to 

the CISWI unit during a unit shutdown. 

For each startup event, the length of 

time that CEMS data may be claimed as 

being CEMS data during startup must be 

48 operating hours or less. For each 

shutdown event, the length of time that 

CEMS data may be claimed as being 

CEMS data during shutdown must be 24 

operating hours or less. 

(2) For waste-burning kilns: CEMS 

data collected during the periods of kiln 

operation that do not include normal 

operations. Startup begins when the 

kiln’s induced fan is turned on and 

continues until continuous feed is 

introduced into the kiln, at which time 

the kiln is in normal operating mode. 

Shutdown begins when feed to the kiln 

is halted. 

Chemical recovery unit means 

combustion units burning materials to 

recover chemical constituents or to 

produce chemical compounds where 

there is an existing commercial market 

for such recovered chemical 

constituents or compounds. A chemical 

recovery unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. The following seven 

types of units are considered chemical 

recovery units: 

(1) Units burning only pulping liquors 

(i.e., black liquor) that are reclaimed in 

a pulping liquor recovery process and 

reused in the pulping process. 

(2) Units burning only spent sulfuric 

acid used to produce virgin sulfuric 

acid. 

(3) Units burning only wood or coal 

feedstock for the production of charcoal. 

(4) Units burning only manufacturing 

byproduct streams/residue containing 

catalyst metals that are reclaimed and 

reused as catalysts or used to produce 

commercial grade catalysts. 

(5) Units burning only coke to 

produce purified carbon monoxide that 

is used as an intermediate in the 

production of other chemical 

compounds. 

(6) Units burning only hydrocarbon 

liquids or solids to produce hydrogen, 

carbon monoxide, synthesis gas, or 

other gases for use in other 

manufacturing processes. 

(7) Units burning only photographic 

film to recover silver. 

Chemotherapeutic waste means waste 

material resulting from the production 

or use of antineoplastic agents used for 

the purpose of stopping or reversing the 

growth of malignant cells. 

Clean lumber means wood or wood 

products that have been cut or shaped 

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

does not include wood products that 

have been painted, pigment-stained, or 

pressure-treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote. 

Commercial and industrial solid 

waste incineration (CISWI) unit means 

any distinct operating unit of any 

commercial or industrial facility that 

combusts, or has combusted in the 

preceding 6 months, any solid waste as 

that term is defined in 40 CFR part 241. 

If the operating unit burns materials 

other than traditional fuels as defined in 

§ 241.2 that have been discarded, and 

you do not keep and produce records as 

required by § 60.2175(v), the operating 

unit is a CISWI unit. While not all 

CISWI units will include all of the 

following components, a CISWI unit 

includes, but is not limited to, the solid 

waste feed system, grate system, flue gas 

system, waste heat recovery equipment, 

if any, and bottom ash system. The 

CISWI unit does not include air 

pollution control equipment or the 

stack. The CISWI unit boundary starts at 

the solid waste hopper (if applicable) 

and extends through two areas: The 

combustion unit flue gas system, which 

ends immediately after the last 

combustion chamber or after the waste 

heat recovery equipment, if any; and the 

combustion unit bottom ash system, 

which ends at the truck loading station 

or similar equipment that transfers the 

ash to final disposal. The CISWI unit 

includes all ash handling systems 

connected to the bottom ash handling 

system. 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system (CEMS) means the total 

equipment that may be required to meet 

the data acquisition and availability 

requirements of this subpart, used to 

sample, condition (if applicable), 

analyze, and provide a record of 

emissions. 

Continuous monitoring system (CMS) 

means the total equipment, required 

under the emission monitoring sections 

in applicable subparts, used to sample 

and condition (if applicable), to analyze, 

and to provide a permanent record of 

emissions or process parameters. A 

particulate matter continuous parameter 

monitoring system (PM CPMS) is a type 

of CMS. 


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Cyclonic burn barrel means a 

combustion device for waste materials 

that is attached to a 55 gallon, openhead drum. The device consists of a lid, 

which fits onto and encloses the drum, 

and a blower that forces combustion air 

into the drum in a cyclonic manner to 

enhance the mixing of waste material 

and air. A cyclonic burn barrel is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Deviation means any instance in 

which an affected source subject to this 

subpart, or an owner or operator of such 

a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emission limitation, operating limit, or 

operator qualification and accessibility 

requirements. 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any affected source required 

to obtain such a permit. 

Dioxins/furans means tetra- through 

octa-chlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Discard means, for purposes of this 

subpart and 40 CFR part 60, subpart 

DDDD, only, burned in an incineration 

unit without energy recovery. 

Drum reclamation unit means a unit 

that burns residues out of drums (e.g., 

55 gallon drums) so that the drums can 

be reused. 

Dry scrubber means an add-on air 

pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react 

with and neutralize acid gas in the 

exhaust stream forming a dry powder 

material. Sorbent injection systems in 

fluidized bed boilers and process 

heaters are included in this definition. 

A dry scrubber is a dry control system. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

Energy recovery unit means a 

combustion unit combusting solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) for 

energy recovery. Energy recovery units 

include units that would be considered 

boilers and process heaters if they did 

not combust solid waste. 

Energy recovery unit designed to burn 

biomass (Biomass) means an energy 

recovery unit that burns solid waste, 

biomass, and non-coal solid materials 

but less than 10 percent coal, on a heat 

input basis on an annual average, either 

alone or in combination with liquid 

waste, liquid fuel or gaseous fuels. 

Energy recovery unit designed to burn 

coal (Coal) means an energy recovery 

unit that burns solid waste and at least 

10 percent coal on a heat input basis on 

an annual average, either alone or in 

combination with liquid waste, liquid 

fuel or gaseous fuels. 

Energy recovery unit designed to burn 

liquid waste materials and gas (Liquid/ 

gas) means an energy recovery unit that 

burns a liquid waste with liquid or 

gaseous fuels not combined with any 

solid fuel or waste materials. 

Energy recovery unit designed to burn 

solid materials (Solids) includes energy 

recovery units designed to burn coal 

and energy recovery units designed to 

burn biomass. 

Fabric filter means an add-on air 

pollution control device used to capture 

particulate matter by filtering gas 

streams through filter media, also 

known as a baghouse. 

Foundry sand thermal reclamation 

unit means a type of part reclamation 

unit that removes coatings that are on 

foundry sand. A foundry sand thermal 

reclamation unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Incinerator means any furnace used in 

the process of combusting solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) for 

the purpose of reducing the volume of 

the waste by removing combustible 

matter. Incinerator designs include 

single chamber and two-chamber. 

In-line coal mill means those coal 

mills using kiln exhaust gases in their 

process. Coal mills with a heat source 

other than the kiln or coal mills using 

exhaust gases from the clinker cooler 

alone are not an in-line coal mill. 

In-line kiln/raw mill means a system 

in a Portland Cement production 

process where a dry kiln system is 

integrated with the raw mill so that all 

or a portion of the kiln exhaust gases are 

used to perform the drying operation of 

the raw mill, with no auxiliary heat 

source used. In this system the kiln is 

capable of operating without the raw 

mill operating, but the raw mill cannot 

operate without the kiln gases, and 

consequently, the raw mill does not 

generate a separate exhaust gas stream. 

Kiln means an oven or furnace, 

including any associated preheater or 

precalciner devices, in-line raw mills, 

in-line coal mills or alkali bypasses used 

for processing a substance by burning, 

firing or drying. Kilns include cement 

kilns that produce clinker by heating 

limestone and other materials for 

subsequent production of Portland 

Cement. Because the alkali bypass, inline raw mill and in-line coal mill are 

considered an integral part of the kiln, 

the kiln emissions limits also apply to 

the exhaust of the alkali bypass, in-line 

raw mill and in-line coal mill. 

Laboratory analysis unit means units 

that burn samples of materials for the 

purpose of chemical or physical 

analysis. A laboratory analysis unit is 

not an incinerator, waste-burning kiln, 

an energy recovery unit or a small, 

remote incinerator under this subpart. 

Load fraction means the actual heat 

input of an energy recovery unit divided 

by heat input during the performance 

test that established the minimum 

sorbent injection rate or minimum 

activated carbon injection rate, 

expressed as a fraction (e.g., for 50 

percent load the load fraction is 0.5). 

Low-level radioactive waste means 

waste material which contains 

radioactive nuclides emitting primarily 

beta or gamma radiation, or both, in 

concentrations or quantities that exceed 

applicable federal or state standards for 

unrestricted release. Low-level 

radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or 

byproduct material as defined by the 

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

2014(e)(2)). 

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control equipment, process equipment, 

or a process to operate in a normal or 

usual manner. Failures that are caused, 

in part, by poor maintenance or careless 

operation are not malfunctions. 

Minimum voltage or amperage means 

90 percent of the lowest test-run average 

voltage or amperage to the electrostatic 

precipitator measured during the most 

recent particulate matter or mercury 

performance test demonstrating 

compliance with the applicable 

emission limits. 

Modification or modified CISWI unit 

means a CISWI unit that has been 

changed later than August 7, 2013 and 

that meets one of two criteria: 

(1) The cumulative cost of the changes 

over the life of the unit exceeds 50 

percent of the original cost of building 

and installing the CISWI unit (not 

including the cost of land) updated to 

current costs (current dollars). To 

determine what systems are within the 

boundary of the CISWI unit used to 

calculate these costs, see the definition 

of CISWI unit. 

(2) Any physical change in the CISWI 

unit or change in the method of 

operating it that increases the amount of 

any air pollutant emitted for which 

section 129 or section 111 of the Clean 

Air Act has established standards. 

Municipal solid waste or municipaltype solid waste means household, 


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commercial/retail, or institutional 

waste. Household waste includes 

material discarded by residential 

dwellings, hotels, motels, and other 

similar permanent or temporary 

housing. Commercial/retail waste 

includes material discarded by stores, 

offices, restaurants, warehouses, 

nonmanufacturing activities at 

industrial facilities, and other similar 

establishments or facilities. Institutional 

waste includes materials discarded by 

schools, by hospitals (nonmedical), by 

nonmanufacturing activities at prisons 

and government facilities, and other 

similar establishments or facilities. 

Household, commercial/retail, and 

institutional waste does include yard 

waste and refuse-derived fuel. 

Household, commercial/retail, and 

institutional waste does not include 

used oil; sewage sludge; wood pallets; 

construction, renovation, and 

demolition wastes (which include 

railroad ties and telephone poles); clean 

wood; industrial process or 

manufacturing wastes; medical waste; or 

motor vehicles (including motor vehicle 

parts or vehicle fluff). 

Opacity means the degree to which 

emissions reduce the transmission of 

light and obscure the view of an object 

in the background. 

Operating day means a 24-hour 

period between 12:00 midnight and the 

following midnight during which any 

amount of solid waste is combusted at 

any time in the CISWI unit. 

Oxygen analyzer system means all 

equipment required to determine the 

oxygen content of a gas stream and used 

to monitor oxygen in the boiler or 

process heater flue gas, boiler or process 

heater, firebox, or other appropriate 

location. This definition includes 

oxygen trim systems and certified 

oxygen CEMS. The source owner or 

operator is responsible to install, 

calibrate, maintain, and operate the 

oxygen analyzer system in accordance 

with the manufacturer’s 

recommendations. 

Oxygen trim system means a system of 

monitors that is used to maintain excess 

air at the desired level in a combustion 

device over its operating range. A 

typical system consists of a flue gas 

oxygen and/or carbon monoxide 

monitor that automatically provides a 

feedback signal to the combustion air 

controller or draft controller. 

Part reclamation unit means a unit 

that burns coatings off parts (e.g., tools, 

equipment) so that the parts can be 

reconditioned and reused. 

Particulate matter means total 

particulate matter emitted from CISWI 

units as measured by Method 5 or 

Method 29 of appendix A of this part. 

Pathological waste means waste 

material consisting of only human or 

animal remains, anatomical parts, and/ 

or tissue, the bags/containers used to 

collect and transport the waste material, 

and animal bedding (if applicable). 

Performance evaluation means the 

conduct of relative accuracy testing, 

calibration error testing, and other 

measurements used in validating the 

continuous monitoring system data. 

Performance test means the collection 

of data resulting from the execution of 

a test method (usually three emission 

test runs) used to demonstrate 

compliance with a relevant emission 

standard as specified in the performance 

test section of the relevant standard. 

Process change means any of the 

following physical or operational 

changes: 

(1) A physical change (maintenance 

activities excluded) to the CISWI unit 

which may increase the emission rate of 

any air pollutant to which a standard 

applies; 

(2) An operational change to the 

CISWI unit where a new type of nonhazardous secondary material is being 

combusted; 

(3) A physical change (maintenance 

activities excluded) to the air pollution 

control devices used to comply with the 

emission limits for the CISWI unit (e.g., 

replacing an electrostatic precipitator 

with a fabric filter); 

(4) An operational change to the air 

pollution control devices used to 

comply with the emission limits for the 

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

sorbent injection rate used for activated 

carbon injection). 

Rack reclamation unit means a unit 

that burns the coatings off racks used to 

hold small items for application of a 

coating. The unit burns the coating 

overspray off the rack so the rack can be 

reused. 

Raw mill means a ball or tube mill, 

vertical roller mill or other size 

reduction equipment, that is not part of 

an in-line kiln/raw mill, used to grind 

feed to the appropriate size. Moisture 

may be added or removed from the feed 

during the grinding operation. If the raw 

mill is used to remove moisture from 

feed materials, it is also, by definition, 

a raw material dryer. The raw mill also 

includes the air separator associated 

with the raw mill. 

Reconstruction means rebuilding a 

CISWI unit and meeting two criteria: 

(1) The reconstruction begins on or 

after August 7, 2013. 

(2) The cumulative cost of the 

construction over the life of the 

incineration unit exceeds 50 percent of 

the original cost of building and 

installing the CISWI unit (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the CISWI unit 

used to calculate these costs, see the 

definition of CISWI unit. 

Refuse-derived fuel means a type of 

municipal solid waste produced by 

processing municipal solid waste 

through shredding and size 

classification. This includes all classes 

of refuse-derived fuel including two 

fuels: 

(1) Low-density fluff refuse-derived 

fuel through densified refuse-derived 

fuel. 

(2) Pelletized refuse-derived fuel. 

Responsible official means one of the 

following: 

(1) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is responsible for the 

overall operation of one or more 

manufacturing, production, or operating 

facilities applying for or subject to a 

permit and either: 

(i) The facilities employ more than 

250 persons or have gross annual sales 

or expenditures exceeding $25 million 

(in second quarter 1980 dollars); or 

(ii) The delegation of authority to 

such representatives is approved in 

advance by the permitting authority; 

(2) For a partnership or sole 

proprietorship: A general partner or the 

proprietor, respectively; 

(3) For a municipality, state, federal, 

or other public agency: Either a 

principal executive officer or ranking 

elected official. For the purposes of this 

part, a principal executive officer of a 

federal agency includes the chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency (e.g., a 

Regional Administrator of EPA); or 

(4) For affected facilities: 

(i) The designated representative in so 

far as actions, standards, requirements, 

or prohibitions under Title IV of the 

Clean Air Act or the regulations 

promulgated thereunder are concerned; 

or 

(ii) The designated representative for 

any other purposes under part 60. 

Shutdown means the period of time 

after all waste has been combusted in 

the primary chamber. 

Small, remote incinerator means an 

incinerator that combusts solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) and 

combusts 3 tons per day or less solid 

waste and is more than 25 miles driving 


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distance to the nearest municipal solid 

waste landfill. 

Soil treatment unit means a unit that 

thermally treats petroleumcontaminated soils for the sole purpose 

of site remediation. A soil treatment 

unit may be direct-fired or indirect 

fired. A soil treatment unit is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Solid waste means the term solid 

waste as defined in 40 CFR 241.2. 

Solid waste incineration unit means a 

distinct operating unit of any facility 

which combusts any solid waste (as that 

term is defined by the Administrator in 

40 CFR part 241) material from 

commercial or industrial establishments 

or the general public (including single 

and multiple residences, hotels and 

motels). Such term does not include 

incinerators or other units required to 

have a permit under section 3005 of the 

Solid Waste Disposal Act. The term 

‘‘solid waste incineration unit’’ does not 

include: 

(1) Materials recovery facilities 

(including primary or secondary 

smelters) which combust waste for the 

primary purpose of recovering metals; 

(2) Qualifying small power 

production facilities, as defined in 

section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 769(17)(C)), or qualifying 

cogeneration facilities, as defined in 

section 3(18)(B) of the Federal Power 

Act (16 U.S.C. 796(18)(B)), which burn 

homogeneous waste (such as units 

which burn tires or used oil, but not 

including refuse-derived fuel) for the 

production of electric energy or in the 

case of qualifying cogeneration facilities 

which burn homogeneous waste for the 

production of electric energy and steam 

or forms of useful energy (such as heat) 

which are used for industrial, 

commercial, heating or cooling 

purposes; or 

(3) Air curtain incinerators provided 

that such incinerators only burn wood 

wastes, yard wastes, and clean lumber 

and that such air curtain incinerators 

comply with opacity limitations to be 

established by the Administrator by 

rule. 

Space heater means a unit that meets 

the requirements of 40 CFR 279.23. A 

space heater is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Standard conditions, when referring 

to units of measure, means a 

temperature of 68°F (20 °C) and a 

pressure of 1 atmosphere (101.3 

kilopascals). 

Startup period means the period of 

time between the activation of the 

system and the first charge to the unit. 

Waste-burning kiln means a kiln that 

is heated, in whole or in part, by 

combusting solid waste (as that term is 

defined by the Administrator in 40 CFR 

part 241). Secondary materials used in 

Portland cement kilns shall not be 

deemed to be combusted unless they are 

introduced into the flame zone in the 

hot end of the kiln or mixed with the 

precalciner fuel. 

Wet scrubber means an add-on air 

pollution control device that uses an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

Wood waste means untreated wood 

and untreated wood products, including 

tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, 

sawdust, chips, scraps, slabs, millings, 

and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, 

shrubs, and clippings from bushes and 

shrubs from residential, commercial/

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. 

(2) Construction, renovation, or 

demolition wastes. 

(3) Clean lumber. 

TABLE 1 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS FOR WHICH CONSTRUCTION IS

COMMENCED AFTER NOVEMBER 30, 1999, BUT NO LATER THAN JUNE 4, 2010, OR FOR WHICH MODIFICATION OR

RECONSTRUCTION IS COMMENCED ON OR AFTER JUNE 1, 2001, BUT NO LATER THAN AUGUST 7, 2013 

For the air pollutant You must meet this emission 

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

Cadmium ................... 0.004 milligrams per dry 

standard cubic meter.

3-run average (1 hour minimum sample 

time per run).

Performance test (Method 29 of appendix 

A of this part). 

Carbon monoxide ..... 157 parts per million by dry 

volume.

3-run average (1 hour minimum sample 

time per run).

Performance test (Method 10 at 40 CFR 

part 60, appendix A–4). 

Dioxin/Furan (toxic 

equivalency basis).

0.41 nanograms per dry 

standard cubic meter.

3-run average (collect a minimum volume 

of 4 dry standard cubic meters per run).

Performance test (Method 23 of appendix 

A–7 of this part). 

Hydrogen chloride ..... 62 parts per million by dry 

volume.

3-run average (For Method 26, collect a 

minimum volume of 120 liters per run. 

For Method 26A, collect a minimum volume of 1 dry standard cubic meter per 

run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead .......................... 0.04 milligrams per dry standard cubic meter.3-run average (1 hour minimum sample 

time per run).

Performance test (Method 29 of appendix 

A of this part). 

Mercury ..................... 0.47 milligrams per dry standard cubic meter.3-run average (1 hour minimum sample 

time per run).

Performance test (Method 29 of appendix 

A of this part). 

Nitrogen Oxides ........ 388 parts per million by dry 

volume.

3-run average (for Method 7E, 1 hour minimum sample time per run).Performance test (Method 7 or 7E at 40 

CFR part 60, appendix A–4). 

Opacity ...................... 10 percent .............................. 6-minute averages ...................................... Performance test (Method 9 of appendix A 

of this part). 

Oxides of nitrogen .... 388 parts per million by dry 

volume.

3-run average (1 hour minimum sample 

time per run).

Performance test (Method 7, 7A, 7C, 7D, 

or 7E of appendix A of this part). 

Particulate matter ...... 70 milligrams per dry standard cubic meter.3-run average (1 hour minimum sample 

time per run).

Performance test (Method 5 or 29 of appendix A of this part). 

Sulfur Dioxide ........... 20 parts per million by dry 

volume.

3-run average (For Method 6, collect a 

minimum volume of 20 liters per run. 

For Method 6C, collect sample for a 

minimum duration of 1 hour per run).

Performance test (Method 6 or 6C at 40 

CFR part 60, appendix A–4). 

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


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TABLE 2 TO SUBPART CCCC OF PART 60—OPERATING LIMITS FOR WET SCRUBBERS

For these operating parameters You must establish these 

operating limits 

And monitoring using these minimum frequencies 

Data 

measurement Data recording Averaging time 

Charge rate ................................. Maximum charge rate ...... Continuous ............. Every hour .............. Daily (batch units) 3-hour rolling 

(continuous and intermittent 

units).a

Pressure drop across the wet 

scrubber or amperage to wet 

scrubber.

Minimum pressure drop or 

amperage.

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

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

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

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

TABLE 3 TO SUBPART CCCC OF PART 60—TOXIC EQUIVALENCY FACTORS

Dioxin/furan congener Toxic equivalency 

factor 

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

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ................................................................................................................................ 0 .5 

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin .............................................................................................................................. 0 .1 

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin .............................................................................................................................. 0 .1 

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin .............................................................................................................................. 0 .1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin .......................................................................................................................... 0 .01 

octachlorinated dibenzo-p-dioxin ................................................................................................................................................. 0 .001 

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

2,3,4,7,8-pentachlorinated dibenzofuran ..................................................................................................................................... 0 .5 

1,2,3,7,8-pentachlorinated dibenzofuran ..................................................................................................................................... 0 .05 

1,2,3,4,7,8-hexachlorinated dibenzofuran ................................................................................................................................... 0 .1 

1,2,3,6,7,8-hexachlorinated dibenzofuran ................................................................................................................................... 0 .1 

1,2,3,7,8,9-hexachlorinated dibenzofuran ................................................................................................................................... 0 .1 

2,3,4,6,7,8-hexachlorinated dibenzofuran ................................................................................................................................... 0 .1 

1,2,3,4,6,7,8-heptachlorinated dibenzofuran ............................................................................................................................... 0 .01 

1,2,3,4,7,8,9-heptachlorinated dibenzofuran ............................................................................................................................... 0 .01 

octachlorinated dibenzofuran ....................................................................................................................................................... 0 .001 

TABLE 4 TO SUBPART CCCC OF PART 60—SUMMARY OF REPORTING REQUIREMENTS a

Report Due date Contents Reference 

Preconstruction report.Prior to commencing construction ........ • Statement of intent to construct .......................................

• Anticipated date of commencement of construction ........

§ 60.2190. 

• Documentation for siting requirements.

• Waste management plan.

• Anticipated date of initial startup.

Startup notification Prior to initial startup ............................. • Type of waste to be burned ............................................. § 60.2195. 

• Maximum design waste burning capacity.

• Anticipated maximum charge rate.

• If applicable, the petition for site-specific operating limits.

Initial test report ..... No later than 60 days following the initial performance test.• Complete test report for the initial performance test ........

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

§ 60.2200. 

• Installation of bag leak detection system for fabric filter.

Annual report ......... No later than 12 months following the 

submission of the initial test report. 

Subsequent reports are to be submitted no more than 12 months following the previous report.

• Name and address ...........................................................

• Statement and signature by responsible official ..............

• Date of report ....................................................................

• Values for the operating limits ..........................................

• Highest recorded 3-hour average and the lowest 3-hour 

average, as applicable, for each operating parameter recorded for the calendar year being reported.

§§ 60.2205 and 

60.2210. 

• For each performance test conducted during the reporting period, if any performance test is conducted, the 

process unit(s) tested, the pollutant(s) tested, and the 

date that such performance test was conducted.

• If a performance test was not conducted during the reporting period, a statement that the requirements of 

§ 60.2155(a) were met.

• Documentation of periods when all qualified CISWI unit 

operators were unavailable for more than 8 hours but 

less than 2 weeks.


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3052 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

TABLE 4 TO SUBPART CCCC OF PART 60—SUMMARY OF REPORTING REQUIREMENTS a—Continued 

Report Due date Contents Reference 

• If you are conducting performance tests once every 3 

years consistent with § 60.2155(a), the date of the last 2 

performance tests, a comparison of the emission level 

you achieved in the last 2 performance tests to the 75 

percent emission limit threshold required in § 60.2155(a) 

and a statement as to whether there have been any 

operational changes since the last performance test that 

could increase emissions.

Emission limitation 

or operating limit 

deviation report.

By August 1 of that year for data collected during the first half of the calendar year. By February 1 of the following year for data collected during 

the second half of the calendar year.

• Dates and times of deviation ............................................

• Averaged and recorded data for those dates ..................

• Duration and causes of each deviation and the corrective actions taken.

• Copy of operating limit monitoring data and, if any performance test was conducted that documents emission 

levels, the process unit(s) tested, the pollutant(s) tested, 

and the date that such performance text was conducted.

§ 60.2215 and 

60.2220. 

• Dates, times and causes for monitor downtime incidents.

Qualified operator 

deviation notification.

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

• Description of efforts to have an accessible qualified operator.

• The date a qualified operator will be accessible ..............

§ 60.2225(a)(1). 

Qualified operator 

deviation status 

report.

Every 4 weeks following deviation ....... • Description of efforts to have an accessible qualified operator.

• The date a qualified operator will be accessible ..............

§ 60.2225(a)(2). 

• Request for approval to continue operation.

Qualified operator 

deviation notification of resumed 

operation.

Prior to resuming operation .................. • Notification that you are resuming operation ................... § 60.2225(b). 

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

TABLE 5 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS THAT COMMENCED CONSTRUCTION

AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 

For the air 

pollutant 

You must meet this 

emission 

limitation a

Using this averaging time And determining compliance 

using this method 

Cadmium ..................... 0.0023 milligrams per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 

4 dry standard cubic meter per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8 of this part). 

Use ICPMS for the analytical finish. 

Carbon monoxide ........ 17 parts per million by 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxin/furan (Total 

Mass Basis).

0.58 nanograms per 

dry standard cubic 

meter.c

3-run average (collect a minimum volume of 

4 dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxin/furan (toxic 

equivalency basis).

0.13 nanograms per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 

4 dry standard cubic meter per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Fugitive ash ................. Visible emissions for 

no more than 5 percent of the hourly 

observation period.

Three 1-hour observation periods .................. Visible emission test (Method 22 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ....... 0.091 parts per million 

by dry volume.

3-run average (For Method 26, collect a minimum volume of 360 liters per run. For 

Method 26A, collect a minimum volume of 

3 dry standard cubic meters per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead ............................. 0.015 milligrams per 

dry standard cubic 

meter.c

3-run average (collect a minimum volume of 

4 dry standard cubic meters per run).

Performance test (Method 29 of appendix A– 

8 at 40 CFR part 60). Use ICPMS for the 

analytical finish. 

Mercury ........................ 0.00084 milligrams per 

dry standard cubic 

meter.c

3-run average (collect enough volume to 

meet a detection limit data quality objective 

of 0.03 ug/dry standard cubic meter).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).b

Nitrogen Oxides ........... 23 parts per million 

dry volume.

3-run average (for Method 7E, 1 hour minimum sample time per run).Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter (filterable) 18 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

2 dry standard cubic meters per run).

Performance test (Method 5 or 29 at 40 CFR 

part 60, appendix A–3 or appendix A–8 at 

40 CFR part 60). 


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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 3053 

TABLE 5 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS THAT COMMENCED CONSTRUCTION

AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013—Continued 

For the air 

pollutant 

You must meet this 

emission 

limitation a

Using this averaging time And determining compliance 

using this method 

Sulfur dioxide ............... 11 parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 6 or 6C at 40 CFR 

part 60, appendix A–4). 

aAll emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the 

Total Mass Limit or the toxic equivalency basis limit. b Incorporated by reference, see § 60.17. 

TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOVERY UNITS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 

2013 

For the air 

pollutant 

You must meet this emission 

limitation a

Using this averaging time And determining compliance 

using this method 

Liquid/gas Solids 

Cadmium ........... 0.023 milligrams 

per dry standard cubic 

meter.

Biomass—0.0014 milligrams per 

dry standard cubic meter.c

Coal—0.0095 milligrams per 

dry standard cubic meter.

3-run average (collect a minimum 

volume of 4 dry standard cubic 

meters per run).

Performance test (Method 29 at 

40 CFR part 60, appendix A– 

8). Use ICPMS for the analytical finish. 

Carbon monoxide.35 parts per million dry volume.Biomass—240 parts per million 

dry volume Coal—95 parts per 

million dry volume.

3-run average (1 hour minimum 

sample time per run).

Performance test (Method 10 at 

40 CFR part 60, appendix A– 

4). 

Dioxin/furans 

(Total Mass 

Basis).

No Total Mass 

Basis limit, 

must meet the 

toxic equivalency basis 

limit below.

Biomass—0.52 nanograms per 

dry standard cubic meter.c

Coal—5.1 nanograms per dry 

standard cubic meter.c

3-run average (collect a minimum 

volume of 4 dry standard cubic 

meters).

Performance test (Method 23 at 

40 CFR part 60, appendix A– 

7). 

Dioxins/furans 

(toxic equivalency basis).

0.093 

nanograms 

per dry standard cubic 

meter.c

Biomass—0.076 nanograms per 

dry standard cubic meter.c

Coal—0.075 nanograms per 

dry standard cubic meter.c

3-run average (collect a minimum 

volume of 4 dry standard cubic 

meters per run).

Performance test (Method 23 of 

appendix A–7 of this part). 

Fugitive ash ....... Visible emissions for no 

more than 5 

percent of the 

hourly observation period.

Three 1-hour observation periods Visible emission test (Method 22 

at 40 CFR part 60, appendix 

A–7). 

Fugitive ash. 

Hydrogen chloride.14 parts per million dry volume.Biomass—0.20 parts per million 

dry volume Coal—13 parts per 

million dry volume.

3-run average (For Method 26, 

collect a minimum volume of 

360 liters per run. For Method 

26A, collect a minimum volume 

of 3 dry standard cubic meters 

per run).

Performance test (Method 26 or 

26A at 40 CFR part 60, appendix A–8). 

Lead ................... 0.096 milligrams 

per dry standard cubic 

meter.

Biomass—0.014 milligrams per 

dry standard cubic meter.c

Coal—0.14 milligrams per dry 

standard cubic meter. 

3-run average (collect a minimum 

volume of 4 dry standard cubic 

meters per run).

Performance test (Method 29 at 

40 CFR part 60, appendix A– 

8). Use ICPMS for the analytical finish. 

Mercury .............. 0.00056 milligrams per dry 

standard cubic 

meter.c

Biomass—0.0022 milligrams per 

dry standard cubic meter 

Coal—0.016 milligrams per dry 

standard cubic meter.

3-run average (collect enough 

volume to meet an in-stack detection limit data quality objective of 0.03 ug/dscm).

Performance test (Method 29 or 

30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 

(Reapproved 2008).b

Oxides of nitrogen.76 parts per million dry volume.Biomass—290 parts per million 

dry volume Coal—340 parts 

per million dry volume.

3-run average (for Method 7E, 1 

hour minimum sample time per 

run).

Performance test (Method 7 or 

7E at 40 CFR part 60, appendix A–4). 

Particulate matter (filterable).110 milligrams 

per dry standard cubic 

meter.

Biomass—5.1 milligrams per dry 

standard cubic meter Coal— 

160 milligrams per dry standard cubic meter.

3-run average (collect a minimum 

volume of 1 dry standard cubic 

meter per run).

Performance test (Method 5 or 

29 at 40 CFR part 60, appendix A–3 or appendix A–8) if the 

unit has an annual average 

heat input rate less than 250 

MMBtu/hr; or PM CPMS (as 

specified in § 60.2145(x)) if the 

unit has an annual average 

heat input rate equal to or 

greater than 250 MMBtu/hr. 


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3054 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOVERY UNITS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 

2013—Continued 

For the air 

pollutant 

You must meet this emission 

limitation a

Using this averaging time And determining compliance 

using this method 

Liquid/gas Solids 

Sulfur dioxide ..... 720 parts per 

million dry volume.

Biomass—7.3 parts per million 

dry volume Coal—650 parts 

per million dry volume.

3-run average (for Method 6, collect a minimum of 60 liters, for 

Method 6C,1 hour minimum 

sample time per run).

Performance test (Method 6 or 

6C at 40 CFR part 60, appendix A–4). 

aAll emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the 

Total Mass Basis limit or the toxic equivalency basis limit. b Incorporated by reference,see § 60.17. c If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years 

show that your emissions are at or below this limit, you can skip testing according to § 60.2155 if all of the other provisions of § 60.2155 are met. 

For all other pollutants that do not contain a footnote ‘‘c’’, your performance tests for this pollutant for at least 2 consecutive years must show 

that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. 

TABLE 7 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR WASTE-BURNING KILNS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 

For the air pollutant You must meet this 

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

Cadmium ..................... 0.0014 milligrams per 

dry standard cubic 

meter.b

3-run average (collect a minimum volume of 

4 dry standard cubic meters per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Carbon monoxide ........ 90 (long kilns)/190 

(preheater/

precalciner) parts 

per million dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total 

mass basis).

0.51 nanograms per 

dry standard cubic 

meter.b

3-run average (collect a minimum volume of 

4 dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

0.075 nanograms per 

dry standard cubic 

meter.b

3-run average (collect a minimum volume of 

4 dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Hydrogen chloride ....... 3.0 parts per million 

dry volume.b

3-run average (1 hour minimum sample time 

per run) or 30-day rolling average if HCl 

CEMS are used.

Performance test (Method 321 at 40 CFR 

part 63, appendix A) or HCl CEMS if a wet 

scrubber or dry scrubber is not used. 

Lead ............................. 0.014 milligrams per 

dry standard cubic 

meter.b

3-run average (collect a minimum volume of 

4 dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Mercury ........................ 0.0037 milligrams per 

dry standard cubic 

meter.

30-day rolling average .................................... Mercury CEMS or sorbent trap monitoring 

system (performance specification 12A or 

12B, respectively, of appendix B of this 

part). 

Oxides of nitrogen ....... 200 parts per million 

dry volume.

30-day rolling average .................................... NOx CEMS (performance specification 2 of 

appendix B and procedure 1 of appendix F 

of this part). 

Particulate matter (filterable).2.2 milligrams per dry 

standard cubic 

meter.

30-day rolling average .................................... PM CPMS (as specified in § 60.2145(x)). 

Sulfur dioxide ............... 28 parts per million 

dry volume.

30-day rolling average .................................... Sulfur dioxide CEMS (performance specification 2 of appendix B and procedure 1 of 

appendix F of this part). 

aAll emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the 

Total Mass Basis limit or the toxic equivalency basis limit. b If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years 

show that your emissions are at or below this limit, you can skip testing according to § 60.2155 if all of the other provisions of § 60.2155 are met. 

For all other pollutants that do not contain a footnote ‘‘b’’, your performance tests for this pollutant for at least 2 consecutive years must show 

that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. 


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TABLE 8 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR SMALL, REMOTE INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER

AUGUST 7, 2013 

For the air pollutant You must meet this 

emission limitation a Using this averaging time And determining compliance using 

this method 

Cadmium ..................... 0.67 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). 

Carbon monoxide ........ 13 parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total 

mass basis).

1,800 nanograms per 

dry standard cubic 

meter.b

3-run average (collect a minimum volume of 

1 dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

31 nanograms per dry 

standard cubic 

meter.b

3-run average (collect a minimum volume of 

1 dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Fugitive ash ................. Visible emissions for 

no more than 5 percent of the hourly 

observation period.

Three 1-hour observation periods .................. Visible emissions test (Method 22 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ....... 200 parts per million 

by dry volume.

3-run average (For Method 26, collect a minimum volume of 60 liters per run. For 

Method 26A, collect a minimum volume of 

1 dry standard cubic meter per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead ............................. 2.0 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Mercury ........................ 0.0035 milligrams per 

dry standard cubic 

meter.

3-run average (For Method 29 and ASTM 

D6784–02 (Reapproved 2008) b, collect a 

minimum volume of 2 dry standard cubic 

meters per run. For Method 30B, collect a 

minimum volume as specified in Method 

30B at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).b

Oxides of nitrogen ....... 170 parts per million 

dry volume.

3-run average (for Method 7E, 1 hour minimum sample time per run).Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter (filterable).270 milligrams per dry 

standard cubic 

meter.

3-run average (collect a minimum volume of 

1 dry standard cubic meters).

Performance test (Method 5 or 29 at 40 CFR 

part 60, appendix A–3 or appendix A–8). 

Sulfur dioxide ............... 1.2 parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 6 or 6c at 40 CFR 

part 60, appendix A–4). 

aAll emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the 

Total Mass Basis limit or the toxic equivalency basis limit. b Incorporated by reference, see § 60.17. 

■ 3. Part 60 is amended by revising 

subpart DDDD to read as follows: 

Subpart DDDD—Emissions Guidelines 

and Compliance Times for Commercial 

and Industrial Solid Waste Incineration 

Units 

Introduction 

Sec. 

60.2500 What is the purpose of this 

subpart? 

60.2505 Am I affected by this subpart? 

60.2510 Is a state plan required for all 

states? 

60.2515 What must I include in my state 

plan? 

60.2520 Is there an approval process for my 

state plan? 

60.2525 What if my state plan is not 

approvable? 

60.2530 Is there an approval process for a 

negative declaration letter? 

60.2535 What compliance schedule must I 

include in my state plan? 

60.2540 Are there any state plan 

requirements for this subpart that apply 

instead of the requirements specified in 

subpart B? 

60.2541 In lieu of a state plan submittal, are 

there other acceptable option(s) for a 

state to meet its Clean Air Act section 

111(d)/129(b)(2) obligations? 

60.2542 What authorities will not be 

delegated to state, local, or tribal 

agencies? 

60.2545 Does this subpart directly affect 

CISWI unit owners and operators in my 

state? 

Applicability of State Plans 

60.2550 What CISWI units must I address 

in my state plan? 

60.2555 What combustion units are exempt 

from my state plan? 

Use of Model Rule 

60.2560 What is the ‘‘model rule’’ in this 

subpart? 

60.2565 How does the model rule relate to 

the required elements of my state plan? 

60.2570 What are the principal components 

of the model rule? 

Model Rule—Increments of Progress 

60.2575 What are my requirements for 

meeting increments of progress and 

achieving final compliance? 

60.2580 When must I complete each 

increment of progress? 

60.2585 What must I include in the 

notifications of achievement of 

increments of progress? 

60.2590 When must I submit the 

notifications of achievement of 

increments of progress? 

60.2595 What if I do not meet an increment 

of progress? 

60.2600 How do I comply with the 

increment of progress for submittal of a 

control plan? 

60.2605 How do I comply with the 

increment of progress for achieving final 

compliance? 

60.2610 What must I do if I close my CISWI 

unit and then restart it? 

60.2615 What must I do if I plan to 

permanently close my CISWI unit and 

not restart it? 


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3056 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

Model Rule—Waste Management Plan 

60.2620 What is a waste management plan? 

60.2625 When must I submit my waste 

management plan? 

60.2630 What should I include in my waste 

management plan? 

Model Rule—Operator Training and 

Qualification 

60.2635 What are the operator training and 

qualification requirements? 

60.2640 When must the operator training 

course be completed? 

60.2645 How do I obtain my operator 

qualification? 

60.2650 How do I maintain my operator 

qualification? 

60.2655 How do I renew my lapsed 

operator qualification? 

60.2660 What site-specific documentation 

is required? 

60.2665 What if all the qualified operators 

are temporarily not accessible? 

Model Rule—Emission Limitations and 

Operating Limits 

60.2670 What emission limitations must I 

meet and by when? 

60.2675 What operating limits must I meet 

and by when? 

60.2680 What if I do not use a wet scrubber, 

fabric filter, activated carbon injection, 

selective noncatalytic reduction, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

Model Rule—Performance Testing 

60.2690 How do I conduct the initial and 

annual performance test? 

60.2695 How are the performance test data 

used? 

Model Rule—Initial Compliance 

Requirements 

60.2700 How do I demonstrate initial 

compliance with the amended emission 

limitations and establish the operating 

limits? 

60.2705 By what date must I conduct the 

initial performance test? 

60.2706 By what date must I conduct the 

initial air pollution control device 

inspection? 

Model Rule—Continuous Compliance 

Requirements 

60.2710 How do I demonstrate continuous 

compliance with the amended emission 

limitations and the operating limits? 

60.2715 By what date must I conduct the 

annual performance test? 

60.2716 By what date must I conduct the 

annual air pollution control device 

inspection? 

60.2720 May I conduct performance testing 

less often? 

60.2725 May I conduct a repeat 

performance test to establish new 

operating limits? 

Model Rule—Monitoring 

60.2730 What monitoring equipment must I 

install and what parameters must I 

monitor? 

60.2735 Is there a minimum amount of 

monitoring data I must obtain? 

Model Rule—Recordkeeping and 

Reporting 

60.2740 What records must I keep? 

60.2745 Where and in what format must I 

keep my records? 

60.2750 What reports must I submit? 

60.2755 When must I submit my waste 

management plan? 

60.2760 What information must I submit 

following my initial performance test? 

60.2765 When must I submit my annual 

report? 

60.2770 What information must I include in 

my annual report? 

60.2775 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.2780 What must I include in the 

deviation report? 

60.2785 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.2790 Are there any other notifications or 

reports that I must submit? 

60.2795 In what form can I submit my 

reports? 

60.2800 Can reporting dates be changed? 

Model Rule—Title V Operating Permits 

60.2805 Am I required to apply for and 

obtain a Title V operating permit for my 

unit? 

Model Rule—Air Curtain Incinerators 

60.2810 What is an air curtain incinerator? 

60.2815 What are my requirements for 

meeting increments of progress and 

achieving final compliance? 

60.2820 When must I complete each 

increment of progress? 

60.2825 What must I include in the 

notifications of achievement of 

increments of progress? 

60.2830 When must I submit the 

notifications of achievement of 

increments of progress? 

60.2835 What if I do not meet an increment 

of progress? 

60.2840 How do I comply with the 

increment of progress for submittal of a 

control plan? 

60.2845 How do I comply with the 

increment of progress for achieving final 

compliance? 

60.2850 What must I do if I close my air 

curtain incinerator and then restart it? 

60.2855 What must I do if I plan to 

permanently close my air curtain 

incinerator and not restart it? 

60.2860 What are the emission limitations 

for air curtain incinerators? 

60.2865 How must I monitor opacity for air 

curtain incinerators? 

60.2870 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

Model Rule—Definitions 

60.2875 What definitions must I know? 

Table 1 to Subpart DDDD of Part 60— 

Model Rule—Increments of 

Progress and Compliance Schedules 

Table 2 to Subpart DDDD of Part 60— 

Model Rule—Emission Limitations 

That Apply to Incinerators Before 

[Date to be specified in state plan] 

Table 3 to Subpart DDDD of Part 60— 

Model Rule—Operating Limits for 

Wet Scrubbers 

Table 4 to Subpart DDDD of Part 60— 

Model Rule—Toxic Equivalency 

Factors 

Table 5 to Subpart DDDD of Part 60— 

Model Rule—Summary of 

Reporting Requirements 

Table 6 to Subpart DDDD of Part 60— 

Model Rule—Emission Limitations 

That Apply to Incinerators on and 

After [Date to be specified in state 

plan] 

Table 7 to Subpart DDDD of Part 60— 

Model Rule—Emission Limitations 

That Apply to Energy Recovery 

Units After May 20, 2011 [Date to 

be specified in state plan] 

Table 8 to Subpart DDDD of Part 60— 

Model Rule—Emission Limitations 

That Apply to Waste-Burning Kilns 

After May 20, 2011 [Date to be 

specified in state plan.] 

Table 9 to Subpart DDDD of Part 60— 

Model Rule—Emission Limitations 

That Apply to Small, Remote 

Incinerators After May 20, 2011 

[Date to be specified in state plan] 

Subpart DDDD—Emissions Guidelines 

and Compliance Times for Commercial 

and Industrial Solid Waste Incineration 

Units 

Introduction 

§ 60.2500 What is the purpose of this 

subpart? 

This subpart establishes emission 

guidelines and compliance schedules 

for the control of emissions from 

commercial and industrial solid waste 

incineration (CISWI) units. The 

pollutants addressed by these emission 

guidelines are listed in table 2 of this 

subpart and tables 6 through 9 of this 

subpart. These emission guidelines are 

developed in accordance with sections 

111(d) and 129 of the Clean Air Act and 

subpart B of this part. 

§ 60.2505 Am I affected by this subpart? 

(a) If you are the Administrator of an 

air quality program in a state or United 

States protectorate with one or more 

existing CISWI units that meet the 

criteria in paragraphs (b) through (d) of 

this section, you must submit a state 

plan to U.S. Environmental Protection 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 3057 

Agency (EPA) that implements the 

emission guidelines contained in this 

subpart. 

(b) You must submit a state plan to 

EPA by December 3, 2001 for 

incinerator units that commenced 

construction on or before November 30, 

1999 and that were not modified or 

reconstructed after June 1, 2001. 

(c) You must submit a state plan that 

meets the requirements of this subpart 

and contains the more stringent 

emission limit for the respective 

pollutant in table 6 of this subpart or 

table 1 of subpart CCCC of this part to 

EPA by February 7, 2014 for 

incinerators that commenced 

construction after November 30, 1999, 

but no later than June 4, 2010, or 

commenced modification or 

reconstruction after June 1, 2001 but no 

later than August 7, 2013. 

(d) You must submit a state plan to 

EPA that meets the requirements of this 

subpart and contains the emission limits 

in tables 7 through 9 of this subpart by 

February 7, 2014, for CISWI units other 

than incinerator units that commenced 

construction on or before June 4, 2010, 

or commenced modification or 

reconstruction after June 4, 2010 but no 

later than August 7, 2013. 

§ 60.2510 Is a state plan required for all 

states? 

No. You are not required to submit a 

state plan if there are no existing CISWI 

units in your state, and you submit a 

negative declaration letter in place of 

the state plan. 

§ 60.2515 What must I include in my state 

plan? 

(a) You must include the nine items 

described in paragraphs (a)(1) through 

(9) of this section in your state plan. 

(1) Inventory of affected CISWI units, 

including those that have ceased 

operation but have not been dismantled. 

(2) Inventory of emissions from 

affected CISWI units in your state. 

(3) Compliance schedules for each 

affected CISWI unit. 

(4) Emission limitations, operator 

training and qualification requirements, 

a waste management plan, and 

operating limits for affected CISWI units 

that are at least as protective as the 

emission guidelines contained in this 

subpart. 

(5) Performance testing, 

recordkeeping, and reporting 

requirements. 

(6) Certification that the hearing on 

the state plan was held, a list of 

witnesses and their organizational 

affiliations, if any, appearing at the 

hearing, and a brief written summary of 

each presentation or written 

submission. 

(7) Provision for state progress reports 

to EPA. 

(8) Identification of enforceable state 

mechanisms that you selected for 

implementing the emission guidelines 

of this subpart. 

(9) Demonstration of your state’s legal 

authority to carry out the sections 

111(d) and 129 state plan. 

(b) Your state plan may deviate from 

the format and content of the emission 

guidelines contained in this subpart. 

However, if your state plan does deviate 

in content, you must demonstrate that 

your state plan is at least as protective 

as the emission guidelines contained in 

this subpart. Your state plan must 

address regulatory applicability, 

increments of progress for retrofit, 

operator training and qualification, a 

waste management plan, emission 

limitations, performance testing, 

operating limits, monitoring, 

recordkeeping and reporting, and air 

curtain incinerator requirements. 

(c) You must follow the requirements 

of subpart B of this part (Adoption and 

Submittal of State Plans for Designated 

Facilities) in your state plan. 

§ 60.2520 Is there an approval process for 

my state plan? 

Yes. The EPA will review your state 

plan according to § 60.27. 

§ 60.2525 What if my state plan is not 

approvable? 

(a) If you do not submit an approvable 

state plan (or a negative declaration 

letter) by December 2, 2002, EPA will 

develop a federal plan according to 

§ 60.27 to implement the emission 

guidelines contained in this subpart. 

Owners and operators of CISWI units 

not covered by an approved state plan 

must comply with the federal plan. The 

federal plan is an interim action and 

will be automatically withdrawn when 

your state plan is approved. 

(b) If you do not submit an approvable 

state plan (or a negative declaration 

letter) to EPA that meets the 

requirements of this subpart and 

contains the emission limits in tables 6 

through 9 of this subpart for CISWI 

units that commenced construction on 

or before June 4, 2010 and incinerator or 

air curtain incinerator units that 

commenced reconstruction or 

modification on or after June 1, 2001 but 

no later than August 7, 2013, then EPA 

will develop a federal plan according to 

§ 60.27 to implement the emission 

guidelines contained in this subpart. 

Owners and operators of CISWI units 

not covered by an approved state plan 

must comply with the federal plan. The 

federal plan is an interim action and 

will be automatically withdrawn when 

your state plan is approved. 

§ 60.2530 Is there an approval process for 

a negative declaration letter? 

No. The EPA has no formal review 

process for negative declaration letters. 

Once your negative declaration letter 

has been received, EPA will place a 

copy in the public docket and publish 

a notice in the Federal Register. If, at a 

later date, an existing CISWI unit is 

found in your state, the federal plan 

implementing the emission guidelines 

contained in this subpart would 

automatically apply to that CISWI unit 

until your state plan is approved. 

§ 60.2535 What compliance schedule must 

I include in my state plan? 

(a) For CISWI units in the incinerator 

subcategory and air curtain incinerators 

that commenced construction on or 

before November 30, 1999, your state 

plan must include compliance 

schedules that require CISWI units in 

the incinerator subcategory and air 

curtain incinerators to achieve final 

compliance as expeditiously as 

practicable after approval of the state 

plan but not later than the earlier of the 

two dates specified in paragraphs (a)(1) 

and (2) of this section. 

(1) December 1, 2005. 

(2) Three years after the effective date 

of state plan approval. 

(b) For CISWI units in the incinerator 

subcategory and air curtain incinerators 

that commenced construction after 

November 30, 1999, but on or before 

June 4, 2010 or that commenced 

reconstruction or modification on or 

after June 1, 2001 but no later than 

August 7, 2013, and for CISWI units in 

the small remote incinerator, energy 

recovery unit, and waste-burning kiln 

subcategories that commenced 

construction before June 4, 2010, your 

state plan must include compliance 

schedules that require CISWI units to 

achieve final compliance as 

expeditiously as practicable after 

approval of the state plan but not later 

than the earlier of the two dates 

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

this section. 

(1) February 7, 2018. 

(2) Three years after the effective date 

of State plan approval. 

(c) For compliance schedules more 

than 1 year following the effective date 

of State plan approval, State plans must 

include dates for enforceable increments 

of progress as specified in § 60.2580. 


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§ 60.2540 Are there any State plan 

requirements for this subpart that apply 

instead of the requirements specified in 

subpart B? 

Yes. Subpart B establishes general 

requirements for developing and 

processing section 111(d) plans. This 

subpart applies instead of the 

requirements in subpart B of this part 

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

(a) State plans developed to 

implement this subpart must be as 

protective as the emission guidelines 

contained in this subpart. State plans 

must require all CISWI units to comply 

by the dates specified in § 60.2535. 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 two increments of progress for 

the affected CISWI units. These two 

minimum increments are the final 

control plan submittal date and final 

compliance date in § 60.21(h)(1) and (5). 

This applies instead of the requirement 

of § 60.24(e)(1) that would require a 

State plan to include all five increments 

of progress for all CISWI units. 

§ 60.2541 In lieu of a state plan submittal, 

are there other acceptable option(s) for a 

state to meet its Clean Air Act section 

111(d)/129(b)(2) obligations? 

Yes, a state may meet its Clean Air 

Act section 111(d)/129 obligations by 

submitting an acceptable written request 

for delegation of the federal plan that 

meets the requirements of this section. 

This is the only other option for a state 

to meet its Clean Air Act section 111(d)/ 

129 obligations. 

(a) An acceptable federal plan 

delegation request must include the 

following: 

(1) A demonstration of adequate 

resources and legal authority to 

administer and enforce the federal plan. 

(2) The items under § 60.2515(a)(1), 

(2) and (7). 

(3) Certification that the hearing on 

the state delegation request, similar to 

the hearing for a state plan submittal, 

was held, a list of witnesses and their 

organizational affiliations, if any, 

appearing at the hearing, and a brief 

written summary of each presentation or 

written submission. 

(4) A commitment to enter into a 

Memorandum of Agreement with the 

Regional Administrator who sets forth 

the terms, conditions, and effective date 

of the delegation and that serves as the 

mechanism for the transfer of authority. 

Additional guidance and information is 

given in EPA’s Delegation Manual, Item 

7–139, Implementation and 

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

129(b)(3) federal plans. 

(b) A state with an already approved 

CISWI Clean Air Act section 111(d)/129 

state plan is not precluded from 

receiving EPA approval of a delegation 

request for the revised federal plan, 

providing the requirements of paragraph 

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

time of the delegation request, the state 

also requests withdrawal of EPA’s 

previous state plan approval. 

(c) A state’s Clean Air Act section 

111(d)/129 obligations are separate from 

its obligations under Title V of the Clean 

Air Act. 

§ 60.2542 What authorities will not be 

delegated to state, local, or tribal agencies? 

The authorities listed under 

§ 60.2030(c) will not be delegated to 

state, local, or tribal agencies. 

§ 60.2545 Does this subpart directly affect 

CISWI unit owners and operators in my 

state? 

(a) No. This subpart does not directly 

affect CISWI unit owners and operators 

in your state. However, CISWI unit 

owners and operators must comply with 

the state plan you develop to implement 

the emission guidelines contained in 

this subpart. States may choose to 

incorporate the model rule text directly 

in their state plan. 

(b) If you do not submit an approvable 

plan to implement and enforce the 

guidelines contained in this subpart for 

CISWI units that commenced 

construction before November 30, 1999 

by December 2, 2002, EPA will 

implement and enforce a federal plan, 

as provided in § 60.2525, to ensure that 

each unit within your state reaches 

compliance with all the provisions of 

this subpart by December 1, 2005. 

(c) If you do not submit an approvable 

plan to implement and enforce the 

guidelines contained in this subpart by 

February 7, 2014, for CISWI units that 

commenced construction on or before 

June 4, 2010, EPA will implement and 

enforce a federal plan, as provided in 

§ 60.2525, to ensure that each unit 

within your state that commenced 

construction on or before June 4, 2010, 

reaches compliance with all the 

provisions of this subpart by February 7, 

2018. 

Applicability of State Plans 

§ 60.2550 What CISWI units must I address 

in my state plan? 

(a) Your state plan must address 

incineration units that meet all three 

criteria described in paragraphs (a)(1) 

through (3) of this section. 

(1) CISWI units and air curtain 

incinerators in your state that 

commenced construction on or before 

June 4, 2010, or commenced 

modification or reconstruction after 

June 4, 2010 but no later than August 7, 

2013. 

(2) Incineration units that meet the 

definition of a CISWI unit as defined in 

§ 60.2875. 

(3) Incineration units not exempt 

under § 60.2555. 

(b) If the owner or operator of a CISWI 

unit or air curtain incinerator makes 

changes that meet the definition of 

modification or reconstruction after 

August 7, 2013, the CISWI unit becomes 

subject to subpart CCCC of this part and 

the state plan no longer applies to that 

unit. 

(c) If the owner or operator of a CISWI 

unit makes physical or operational 

changes to an existing CISWI unit 

primarily to comply with your state 

plan, subpart CCCC of this part does not 

apply to that unit. Such changes do not 

qualify as modifications or 

reconstructions under subpart CCCC of 

this part. 

§ 60.2555 What combustion units are 

exempt from my state plan? 

This subpart exempts the types of 

units described in paragraphs (a), (c) 

through (i), (m), and (n) of this section, 

but some units are required to provide 

notifications. Air curtain incinerators 

are exempt from the requirements in 

this subpart except for the provisions in 

§§ 60.2805, 60.2860, and 60.2870. 

(a) Pathological waste incineration 

units. Incineration units burning 90 

percent or more by weight (on a 

calendar quarter basis and excluding the 

weight of auxiliary fuel and combustion 

air) of pathological waste, low-level 

radioactive waste, and/or 

chemotherapeutic waste as defined in 

§ 60.2875 are not subject to this subpart 

if you meet the two requirements 

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

this section. 

(1) Notify the Administrator that the 

unit meets these criteria. 

(2) Keep records on a calendar quarter 

basis of the weight of pathological 

waste, low-level radioactive waste, and/ 

or chemotherapeutic waste burned, and 

the weight of all other fuels and wastes 

burned in the unit. 

(b) [Reserved] 

(c) Municipal waste combustion units. 

Incineration units that are subject to 

subpart Ea of this part (Standards of 

Performance for Municipal Waste 

Combustors); subpart Eb of this part 

(Standards of Performance for Large 

Municipal Waste Combustors); subpart 

Cb of this part (Emission Guidelines and 

Compliance Time for Large Municipal 

Combustors); AAAA of this part 


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(Standards of Performance for Small 

Municipal Waste Combustion Units); or 

subpart BBBB of this part (Emission 

Guidelines for Small Municipal Waste 

Combustion Units). 

(d) Medical waste incineration units. 

Incineration units regulated under 

subpart Ec of this part (Standards of 

Performance for Hospital/Medical/

Infectious Waste Incinerators for Which 

Construction is Commenced After June 

20, 1996) or subpart Ca of this part 

(Emission Guidelines and Compliance 

Times for Hospital/Medical/Infectious 

Waste Incinerators). 

(e) Small power production facilities. 

Units that meet the three requirements 

specified in paragraphs (e)(1) through 

(e)(4) of this section. 

(1) The unit qualifies as a small 

power-production facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity. 

(3) You submit documentation to the 

Administrator notifying the Agency that 

the qualifying small power production 

facility is combusting homogenous 

waste. 

(4) You maintain the records specified 

in § 60.2740(v). 

(f) Cogeneration facilities. Units that 

meet the three requirements specified in 

paragraphs (f)(1) through (f)(4) of this 

section. 

(1) The unit qualifies as a 

cogeneration facility under section 

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

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity and steam or 

other forms of energy used for 

industrial, commercial, heating, or 

cooling purposes. 

(3) You submit documentation to the 

Administrator notifying the Agency that 

the qualifying cogeneration facility is 

combusting homogenous waste. 

(4) You maintain the records specified 

in § 60.2740(w). 

(g) Hazardous waste combustion 

units. Units for which you are required 

to get a permit under section 3005 of the 

Solid Waste Disposal Act. 

(h) Materials recovery units. Units 

that combust waste for the primary 

purpose of recovering metals, such as 

primary and secondary smelters. 

(i) Air curtain incinerators. Air 

curtain incinerators that burn only the 

materials listed in paragraphs (i)(1) 

through (3) of this section are only 

required to meet the requirements under 

§ 60.2805 and under ‘‘Air Curtain 

Incinerators’’ (§§ 60.2810 through 

60.2870). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

(j)–(l) [Reserved] 

(m) Sewage treatment plants. 

Incineration units regulated under 

subpart O of this part (Standards of 

Performance for Sewage Treatment 

Plants). 

(n) Sewage sludge incineration units. 

Incineration units combusting sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter that are 

subject to subpart LLLL of this part 

(Standards of Performance for Sewage 

Sludge Incineration Units) or subpart 

MMMM of this part (Emission 

Guidelines for Sewage Sludge 

Incineration Units). 

(o) Other solid waste incineration 

units. Incineration units that are subject 

to subpart EEEE of this part (Standards 

of Performance for Other Solid Waste 

Incineration Units) or subpart FFFF of 

this part (Emission Guidelines and 

Compliance Times for Other Solid 

Waste Incineration Units). 

Use of Model Rule 

§ 60.2560 What is the ‘‘model rule’’ in this 

subpart? 

(a) The model rule is the portion of 

these emission guidelines (§§ 60.2575 

through 60.2875) that addresses the 

regulatory requirements applicable to 

CISWI units. The model rule provides 

these requirements in regulation format. 

You must develop a state plan that is at 

least as protective as the model rule. 

You may use the model rule language as 

part of your state plan. Alternative 

language may be used in your state plan 

if you demonstrate that the alternative 

language is at least as protective as the 

model rule contained in this subpart. 

(b) In the model rule of §§ 60.2575 to 

60.2875, ‘‘you’’ means the owner or 

operator of a CISWI unit. 

§ 60.2565 How does the model rule relate 

to the required elements of my state plan? 

Use the model rule to satisfy the state 

plan requirements specified in 

§ 60.2515(a)(4) and (5). 

§ 60.2570 What are the principal 

components of the model rule? 

The model rule contains the eleven 

major components listed in paragraphs 

(a) through (k) of this section. 

(a) Increments of progress toward 

compliance. 

(b) Waste management plan. 

(c) Operator training and 

qualification. 

(d) Emission limitations and operating 

limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance 

requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

(j) Definitions. 

(k) Tables. 

Model Rule—Increments of Progress 

§ 60.2575 What are my requirements for 

meeting increments of progress and 

achieving final compliance? 

If you plan to achieve compliance 

more than 1 year following the effective 

date of state plan approval, you must 

meet the two increments of progress 

specified in paragraphs (a) and (b) of 

this section. 

(a) Submit a final control plan. 

(b) Achieve final compliance. 

§ 60.2580 When must I complete each 

increment of progress? 

Table 1 of this subpart specifies 

compliance dates for each of the 

increments of progress. 

§ 60.2585 What must I include in the 

notifications of achievement of increments 

of progress? 

Your notification of achievement of 

increments of progress must include the 

three items specified in paragraphs (a) 

through (c) of this section. 

(a) Notification that the increment of 

progress has been achieved. 

(b) Any items required to be 

submitted with each increment of 

progress. 

(c) Signature of the owner or operator 

of the CISWI unit. 

§ 60.2590 When must I submit the 

notifications of achievement of increments 

of progress? 

Notifications for achieving increments 

of progress must be postmarked no later 

than 10 business days after the 

compliance date for the increment. 

§ 60.2595 What if I do not meet an 

increment of progress? 

If you fail to meet an increment of 

progress, you must submit a notification 

to the Administrator postmarked within 

10 business days after the date for that 

increment of progress in table 1 of this 

subpart. You must inform the 

Administrator that you did not meet the 

increment, and you must continue to 

submit reports each subsequent 

calendar month until the increment of 

progress is met. 

§ 60.2600 How do I comply with the 

increment of progress for submittal of a 

control plan? 

For your control plan increment of 

progress, you must satisfy the two 


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requirements specified in paragraphs (a) 

and (b) of this section. 

(a) Submit the final control plan that 

includes the five items described in 

paragraphs (a)(1) through (5) of this 

section. 

(1) A description of the devices for air 

pollution control and process changes 

that you will use to comply with the 

emission limitations and other 

requirements of this subpart. 

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

(3) The maximum design waste 

burning capacity. 

(4) The anticipated maximum charge 

rate. 

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

§ 60.2680. 

(b) Maintain an onsite copy of the 

final control plan. 

§ 60.2605 How do I comply with the 

increment of progress for achieving final 

compliance? 

For the final compliance increment of 

progress, you must complete all process 

changes and retrofit construction of 

control devices, as specified in the final 

control plan, so that, if the affected 

CISWI unit is brought online, all 

necessary process changes and air 

pollution control devices would operate 

as designed. 

§ 60.2610 What must I do if I close my 

CISWI unit and then restart it? 

(a) If you close your CISWI unit but 

will restart it prior to the final 

compliance date in your state plan, you 

must meet the increments of progress 

specified in § 60.2575. 

(b) If you close your CISWI unit but 

will restart it after your final compliance 

date, you must complete emission 

control retrofits and meet the emission 

limitations and operating limits on the 

date your unit restarts operation. 

§ 60.2615 What must I do if I plan to 

permanently close my CISWI unit and not 

restart it? 

If you plan to close your CISWI unit 

rather than comply with the state plan, 

submit a closure notification, including 

the date of closure, to the Administrator 

by the date your final control plan is 

due. 

Model Rule—Waste Management Plan 

§ 60.2620 What is a waste management 

plan? 

A waste management plan is a written 

plan that identifies both the feasibility 

and the methods used to reduce or 

separate certain components of solid 

waste from the waste stream in order to 

reduce or eliminate toxic emissions 

from incinerated waste. 

§ 60.2625 When must I submit my waste 

management plan? 

You must submit a waste management 

plan no later than the date specified in 

table 1 of this subpart for submittal of 

the final control plan. 

§ 60.2630 What should I include in my 

waste management plan? 

A waste management plan must 

include consideration of the reduction 

or separation of waste-stream elements 

such as paper, cardboard, plastics, glass, 

batteries, or metals; or the use of 

recyclable materials. The plan must 

identify any additional waste 

management measures, and the source 

must implement those measures 

considered practical and feasible, based 

on the effectiveness of waste 

management measures already in place, 

the costs of additional measures, the 

emissions reductions expected to be 

achieved, and any other environmental 

or energy impacts they might have. 

Model Rule—Operator Training and 

Qualification 

§ 60.2635 What are the operator training 

and qualification requirements? 

(a) No CISWI unit can be operated 

unless a fully trained and qualified 

CISWI unit operator is accessible, either 

at the facility or can be at the facility 

within 1 hour. The trained and qualified 

CISWI unit operator may operate the 

CISWI unit directly or be the direct 

supervisor of one or more other plant 

personnel who operate the unit. If all 

qualified CISWI unit operators are 

temporarily not accessible, you must 

follow the procedures in § 60.2665. 

(b) Operator training and qualification 

must be obtained through a 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 eleven subjects 

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

of this section. 

(i) Environmental concerns, including 

types of emissions. 

(ii) Basic combustion principles, 

including products of combustion. 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, waste 

charging, and shutdown procedures. 

(iv) Combustion controls and 

monitoring. 

(v) Operation of air pollution control 

equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices. 

(vii) Actions to prevent and correct 

malfunctions or to prevent conditions 

that may lead to malfunctions. 

(viii) Bottom and fly ash 

characteristics and handling procedures. 

(ix) Applicable federal, state, and 

local regulations, including 

Occupational Safety and Health 

Administration workplace standards. 

(x) Pollution prevention. 

(xi) Waste management practices. 

(2) An examination designed and 

administered by the instructor. 

(3) Written material covering the 

training course topics that can serve as 

reference material following completion 

of the course. 

§ 60.2640 When must the operator training 

course be completed? 

The operator training course must be 

completed by the later of the three dates 

specified in paragraphs (a) through (c) of 

this section. 

(a) The final compliance date 

(Increment 2). 

(b) Six months after CISWI unit 

startup. 

(c) Six months after an employee 

assumes responsibility for operating the 

CISWI unit or assumes responsibility for 

supervising the operation of the CISWI 

unit. 

§ 60.2645 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 60.2635(b). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 60.2635(c)(2). 

§ 60.2650 How do I maintain my operator 

qualification? 

To maintain qualification, you must 

complete an annual review or refresher 

course covering, at a minimum, the five 

topics described in paragraphs (a) 

through (e) of this section. 

(a) Update of regulations. 

(b) Incinerator operation, including 

startup and shutdown procedures, waste 

charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Prevention and correction of 

malfunctions or conditions that may 

lead to malfunction. 

(e) Discussion of operating problems 

encountered by attendees. 

§ 60.2655 How do I renew my lapsed 

operator qualification? 

You must renew a lapsed operator 

qualification by one of the two methods 


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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 § 60.2650. 

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

must repeat the initial qualification 

requirements in § 60.2645(a). 

§ 60.2660 What site-specific 

documentation is required? 

(a) Documentation must be available 

at the facility and readily accessible for 

all CISWI unit operators that addresses 

the ten topics described in paragraphs 

(a)(1) through (10) of this section. You 

must maintain this information and the 

training records required by paragraph 

(c) of this section in a manner that they 

can be readily accessed and are suitable 

for inspection upon request. 

(1) Summary of the applicable 

standards under this subpart. 

(2) Procedures for receiving, handling, 

and charging waste. 

(3) Incinerator startup, shutdown, and 

malfunction procedures. 

(4) Procedures for maintaining proper 

combustion air supply levels. 

(5) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(6) Monitoring procedures for 

demonstrating compliance with the 

incinerator operating limits. 

(7) Reporting and recordkeeping 

procedures. 

(8) The waste management plan 

required under §§ 60.2620 through 

60.2630. 

(9) Procedures for handling ash. 

(10) A list of the wastes burned during 

the performance test. 

(b) You must establish a program for 

reviewing the information listed in 

paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the 

information listed in paragraph (a) of 

this section must be conducted by the 

later of the three dates specified in 

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

section. 

(i) The final compliance date 

(Increment 2). 

(ii) Six months after CISWI unit 

startup. 

(iii) Six months after being assigned to 

operate the CISWI unit. 

(2) Subsequent annual reviews of the 

information listed in paragraph (a) of 

this section must be conducted no later 

than 12 months following the previous 

review. 

(c) You must also maintain the 

information specified in paragraphs 

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

(1) Records showing the names of 

CISWI unit operators who have 

completed review of the information in 

§ 60.2660(a) as required by § 60.2660(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(2) Records showing the names of the 

CISWI operators who have completed 

the operator training requirements 

under § 60.2635, met the criteria for 

qualification under § 60.2645, and 

maintained or renewed their 

qualification under § 60.2650 or 

§ 60.2655. Records must include 

documentation of training, the dates of 

the initial refresher training, and the 

dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(3) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

§ 60.2665 What if all the qualified 

operators are temporarily not accessible? 

If all qualified operators are 

temporarily not accessible (i.e., not at 

the facility and not able to be at the 

facility within 1 hour), you must meet 

one of the two criteria specified in 

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

depending on the length of time that a 

qualified operator is not accessible. 

(a) When all qualified operators are 

not accessible for more than 8 hours, but 

less than 2 weeks, the CISWI unit may 

be operated by other plant personnel 

familiar with the operation of the CISWI 

unit who have completed a review of 

the information specified in § 60.2660(a) 

within the past 12 months. However, 

you must record the period when all 

qualified operators were not accessible 

and include this deviation in the annual 

report as specified under § 60.2770. 

(b) When all qualified operators are 

not accessible for 2 weeks or more, you 

must take the two actions that are 

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

this section. 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

and when you anticipate that a qualified 

operator will be accessible. 

(2) Submit a status report to the 

Administrator every 4 weeks outlining 

what you are doing to ensure that a 

qualified operator is accessible, stating 

when you anticipate that a qualified 

operator will be accessible and 

requesting approval from the 

Administrator to continue operation of 

the CISWI unit. You must submit the 

first status report 4 weeks after you 

notify the Administrator of the 

deviation under paragraph (b)(1) of this 

section. If the Administrator notifies 

you that your request to continue 

operation of the CISWI unit is 

disapproved, the CISWI unit may 

continue operation for 90 days, then 

must cease operation. Operation of the 

unit may resume if you meet the two 

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

(ii) of this section. 

(i) A qualified operator is accessible 

as required under § 60.2635(a). 

(ii) You notify the Administrator that 

a qualified operator is accessible and 

that you are resuming operation. 

Model Rule—Emission Limitations and 

Operating Limits 

§ 60.2670 What emission limitations must I 

meet and by when? 

(a) You must meet the emission 

limitations for each CISWI unit, 

including bypass stack or vent, specified 

in table 2 of this subpart or tables 6 

through 9 of this subpart by the final 

compliance date under the approved 

state plan, federal plan, or delegation, as 

applicable. The emission limitations 

apply at all times the unit is operating 

including and not limited to startup, 

shutdown, or malfunction. 

(b) Units that do not use wet 

scrubbers must maintain opacity to less 

than or equal to the percent opacity 

(three 1-hour blocks consisting of ten 6- 

minute average opacity values) specified 

in table 2 of this subpart, as applicable. 

§ 60.2675 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber(s) to 

comply with the emission limitations, 

you must establish operating limits for 

up to four operating parameters (as 

specified in table 3 of this subpart) as 

described in paragraphs (a)(1) through 

(4) of this section during the initial 

performance test. 

(1) Maximum charge rate, calculated 

using one of the two different 

procedures in paragraph (a)(1)(i) or (ii), 

as appropriate. 

(i) For continuous and intermittent 

units, maximum charge rate is 110 

percent of the average charge rate 

measured during the most recent 

performance test demonstrating 

compliance with all applicable emission 

limitations. 

(ii) For batch units, maximum charge 

rate is 110 percent of the daily charge 

rate measured during the most recent 

performance test demonstrating 

compliance with all applicable emission 

limitations. 

(2) Minimum pressure drop across the 

wet particulate matter scrubber, which 

is calculated as the lowest 1-hour 

average pressure drop across the wet 

scrubber measured during the most 

recent performance test demonstrating 


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compliance with the particulate matter 

emission limitations; or minimum 

amperage to the wet scrubber, which is 

calculated as the lowest 1-hour average 

amperage to the wet scrubber measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquid flow 

rate, which is calculated as the lowest 

1-hour average liquid flow rate at the 

inlet to the wet acid gas or particulate 

matter scrubber measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(4) Minimum scrubber liquor pH, 

which is calculated as the lowest 1-hour 

average liquor pH at the inlet to the wet 

acid gas scrubber measured during the 

most recent performance test 

demonstrating compliance with the HCl 

emission limitation. 

(b) You must meet the operating 

limits established during the initial 

performance test on the date the initial 

performance test is required or 

completed (whichever is earlier). You 

must conduct an initial performance 

evaluation of each continuous 

monitoring system and continuous 

parameter monitoring system within 60 

days of installation of the monitoring 

system. 

(c) If you use a fabric filter to comply 

with the emission limitations, you must 

operate each fabric filter system such 

that the bag leak detection system alarm 

does not sound more than 5 percent of 

the operating time during a 6-month 

period. In calculating this operating 

time percentage, if inspection of the 

fabric filter demonstrates that no 

corrective action is required, no alarm 

time is counted. If corrective action is 

required, each alarm shall be counted as 

a minimum of 1 hour. If you take longer 

than 1 hour to initiate corrective action, 

the alarm time shall be counted as the 

actual amount of time taken by you to 

initiate corrective action. 

(d) If you use an electrostatic 

precipitator to comply with the 

emission limitations, you must measure 

the (secondary) voltage and amperage of 

the electrostatic precipitator collection 

plates during the particulate matter 

performance test. Calculate the average 

electric power value (secondary voltage 

× secondary current = secondary electric 

power) for each test run. The operating 

limit for the electrostatic precipitator is 

calculated as the lowest 1-hour average 

secondary electric power measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(e) If you use activated carbon sorbent 

injection to comply with the emission 

limitations, you must measure the 

sorbent flow rate during the 

performance testing. The operating limit 

for the carbon sorbent injection is 

calculated as the lowest 1-hour average 

sorbent flow rate measured during the 

most recent performance test 

demonstrating compliance with the 

mercury emission limitations. For 

energy recovery units, when your unit 

operates at lower loads, multiply your 

sorbent injection rate by the load 

fraction, as defined in this subpart, to 

determine the required injection rate 

(e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5). 

(f) If you use selective noncatalytic 

reduction to comply with the emission 

limitations, you must measure the 

charge rate, the secondary chamber 

temperature (if applicable to your CISWI 

unit), and the reagent flow rate during 

the nitrogen oxides performance testing. 

The operating limits for the selective 

noncatalytic reduction are calculated as 

the highest 1-hour average charge rate, 

lowest secondary chamber temperature, 

and lowest reagent flow rate measured 

during the most recent performance test 

demonstrating compliance with the 

nitrogen oxides emission limitations. 

(g) If you use a dry scrubber to comply 

with the emission limitations, you must 

measure the injection rate of each 

sorbent during the performance testing. 

The operating limit for the injection rate 

of each sorbent is calculated as the 

lowest 1-hour average injection rate of 

each sorbent measured during the most 

recent performance test demonstrating 

compliance with the hydrogen chloride 

emission limitations. For energy 

recovery units, when your unit operates 

at lower loads, multiply your sorbent 

injection rate by the load fraction, as 

defined in this subpart, to determine the 

required injection rate (e.g., for 50 

percent load, multiply the injection rate 

operating limit by 0.5). 

(h) If you do not use a wet scrubber, 

electrostatic precipitator, or fabric filter 

to comply with the emission limitations, 

and if you do not determine compliance 

with your particulate matter emission 

limitation with a particulate matter 

CEMS, you must maintain opacity to 

less than or equal to ten percent opacity 

(1-hour block average). 

(i) If you use a PM CPMS to 

demonstrate compliance, you must 

establish your PM CPMS operating limit 

and determine compliance with it 

according to paragraphs (i)(1) through 

(5) of this section. 

(1) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, record all hourly average 

output values (milliamps, or the digital 

signal equivalent) from the PM CPMS 

for the periods corresponding to the test 

runs (e.g., three 1-hour average PM 

CPMS output values for three 1-hour 

test runs). 

(i) Your PM CPMS must provide a 4– 

20 milliamp output, or the digital signal 

equivalent, and the establishment of its 

relationship to manual reference 

method measurements must be 

determined in units of milliamps or 

digital bits. 

(ii) Your PM CPMS operating range 

must be capable of reading PM 

concentrations from zero to a level 

equivalent to at least two times your 

allowable emission limit. If your PM 

CPMS is an auto-ranging instrument 

capable of multiple scales, the primary 

range of the instrument must be capable 

of reading PM concentration from zero 

to a level equivalent to two times your 

allowable emission limit. 

(iii) During the initial performance 

test or any such subsequent 

performance test that demonstrates 

compliance with the PM limit, record 

and average all milliamp output values, 

or their digital equivalent, from the PM 

CPMS for the periods corresponding to 

the compliance test runs (e.g., average 

all your PM CPMS output values for 

three corresponding 2-hour Method 5I 

test runs). 

(2) If the average of your three PM 

performance test runs are below 75 

percent of your PM emission limit, you 

must calculate an operating limit by 

establishing a relationship of PM CPMS 

signal to PM concentration using the PM 

CPMS instrument zero, the average PM 

CPMS values corresponding to the three 

compliance test runs, and the average 

PM concentration from the Method 5 or 

performance test with the procedures in 

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

(i) Determine your instrument zero 

output with one of the following 

procedures: 

(A) Zero point data for in-situ 

instruments should be obtained by 

removing the instrument from the stack 

and monitoring ambient air on a test 

bench. 

(B) Zero point data for extractive 

instruments should be obtained by 

removing the extractive probe from the 

stack and drawing in clean ambient air. 

(C) The zero point can also can be 

established obtained by performing 

manual reference method measurements 

when the flue gas is free of PM 

emissions or contains very low PM 

concentrations (e.g., when your process 

is not operating, but the fans are 

operating or your source is combusting 

only natural gas) and plotting these with 

the compliance data to find the zero 

intercept. 


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(D) If none of the steps in paragraphs 

(i)(2)(i)(A) through (i)(2)(i)(C) of this 

section are possible, you must use a zero 

output value provided by the 

manufacturer. 

(ii) Determine your PM CPMS 

instrument average in milliamps, or the 

digital equivalent, and the average of 

your corresponding three PM 

compliance test runs, using equation 1. 

Where: 

X1 = the PM CPMS data points for the three 

runs constituting the performance test, 

Y1 = the PM concentration value for the three 

runs constituting the performance test, 

and 

n = the number of data points. 

(iii) With your instrument zero 

expressed in milliamps, or the digital 

equivalent, your three run average PM 

CPMS milliamp or digital value, and 

your three run average PM 

concentration from your three 

compliance tests, determine a 

relationship of mg/dscm per milliamp, 

or per digital signal equivalent, with 

equation 2. 

Where: 

R = the relative mg/dscm per milliamp, or the 

digital equivalent, for your PM CPMS, 

Y1 = the three run average mg/dscm PM 

concentration, 

X1 = the three run average milliamp output, 

or the digital equivalent, from you PM 

CPMS, and 

z = the milliamp or digital signal equivalent 

of your instrument zero determined from 

paragraph (i)(2)(i) of this section. 

(iv) Determine your source specific 

30-day rolling average operating limit 

using the mg/dscm per milliamp value, 

or per digital signal equivalent, from 

equation 2 in equation 3, below. This 

sets your operating limit at the PM 

CPMS output value corresponding to 75 

percent of your emission limit. 

Where: 

Ol = the operating limit for your PM CPMS 

on a 30-day rolling average, in milliamps 

or digital bits. 

L = your source emission limit expressed in 

mg/dscm, 

z = your instrument zero in milliamps or 

digital bits, determined from paragraph 

(i)(2)(i) of this section, and 

R = the relative mg/dscm per milliamp, or 

per digital bits, for your PM CPMS, from 

equation 2. 

(3) If the average of your three PM 

compliance test runs is at or above 75 

percent of your PM emission limit you 

must determine your operating limit by 

averaging the PM CPMS milliamp or 

digital signal output corresponding to 

your three PM performance test runs 

that demonstrate compliance with the 

emission limit using equation 4 and you 

must submit all compliance test and PM 

CPMS data according to the reporting 

requirements in paragraph (i)(5) of this 

section. 

Where: 

X1 = the PM CPMS data points for all runs 

i, 

n = the number of data points, and 

Oh = your site specific operating limit, in 

milliamps or digital bits. 

(4) To determine continuous 

compliance, you must record the PM 

CPMS output data for all periods when 

the process is operating and the PM 

CPMS is not out-of-control. You must 

demonstrate continuous compliance by 

using all quality-assured hourly average 

data collected by the PM CPMS for all 

operating hours to calculate the 

arithmetic average operating parameter 

in units of the operating limit (e.g., 

milliamps or digital bits, PM 

concentration, raw data signal) on a 30- 

day rolling average basis. 

(5) For PM performance test reports 

used to set a PM CPMS operating limit, 

the electronic submission of the test 

report must also include the make and 

model of the PM CPMS instrument, 

serial number of the instrument, 

analytical principle of the instrument 

(e.g., beta attenuation), span of the 

instruments primary analytical range, 

milliamp or digital signal value 

equivalent to the instrument zero 

output, technique by which this zero 

value was determined, and the average 

milliamp or digital signals 

corresponding to each PM compliance 

test run. 

§ 60.2680 What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic reduction, 

an electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

(a) If you use an air pollution control 

device other than a wet scrubber, 

activated carbon injection, selective 

noncatalytic reduction, fabric filter, an 

electrostatic precipitator, or a dry 

scrubber or limit emissions in some 

other manner, including mass balances, 

to comply with the emission limitations 

under § 60.2670, you must petition the 


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EPA Administrator for specific 

operating limits to be established during 

the initial performance test and 

continuously monitored thereafter. You 

must submit the petition at least sixty 

days before the performance test is 

scheduled to begin. Your petition must 

include the five items listed in 

paragraphs (a)(1) through (5) of this 

section. 

(1) Identification of the specific 

parameters you propose to use as 

additional operating limits. 

(2) 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. 

(3) A discussion of how you will 

establish the upper and/or lower values 

for these parameters which will 

establish the operating limits on these 

parameters. 

(4) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

these parameters, as well as the relative 

accuracy and precision of these methods 

and instruments. 

(5) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

(b) [Reserved] 

Model Rule—Performance Testing 

§ 60.2690 How do I conduct the initial and 

annual performance test? 

(a) All performance tests must consist 

of a minimum of three test runs 

conducted under conditions 

representative of normal operations. 

(b) You must document that the waste 

burned during the performance test is 

representative of the waste burned 

under normal operating conditions by 

maintaining a log of the quantity of 

waste burned (as required in 

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

burned during the performance test. 

(c) All performance tests must be 

conducted using the minimum run 

duration specified in tables 2 and 6 

through 9 of this subpart. 

(d) Method 1 of appendix A of this 

part must be used to select the sampling 

location and number of traverse points. 

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

of this part must be used for gas 

composition analysis, including 

measurement of oxygen concentration. 

Method 3A or 3B of appendix A of this 

part must be used simultaneously with 

each method. 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using equation 5 of 

this section: 

Where: 

Cadj = pollutant concentration adjusted to 7 

percent oxygen; 

Cmeas = pollutant concentration measured on 

a dry basis; 

(20.9–7) = 20.9 percent oxygen—7 percent 

oxygen (defined oxygen correction 

basis); 

20.9 = oxygen concentration in air, percent; 

and 

%O2 = oxygen concentration measured on a 

dry basis, percent. 

(g) You must determine dioxins/

furans toxic equivalency by following 

the procedures in paragraphs (g)(1) 

through (4) of this section. 

(1) Measure the concentration of each 

dioxin/furan tetra- through octa-isomer 

emitted using EPA Method 23 at 40 CFR 

part 60, appendix A. 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.) 

(3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer 

measured in accordance with paragraph 

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

the isomer concentration by its 

corresponding toxic equivalency factor 

specified in table 4 of this subpart. 

(4) Sum the products calculated in 

accordance with paragraph (g)(3) of this 

section to obtain the total concentration 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(h) Method 22 at 40 CFR part 60, 

appendix A–7 must be used to 

determine compliance with the fugitive 

ash emission limit in table 2 of this 

subpart or tables 6 through 9 of this 

subpart. 

(i) If you have an applicable opacity 

operating limit, you must determine 

compliance with the opacity limit using 

Method 9 at 40 CFR part 60, appendix 

A–4, based on three 1-hour blocks 

consisting of ten 6-minute average 

opacity values, unless you are required 

to install a continuous opacity 

monitoring system, consistent with 

§ 60.2710 and § 60.2730. 

(j) You must determine dioxins/furans 

total mass basis by following the 

procedures in paragraphs (j)(1) through 

(3) of this section. 

(1) Measure the concentration of each 

dioxin/furan tetra- through octachlorinated isomer emitted using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7. 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.) 

(3) Sum the quantities measured in 

accordance with paragraphs (j)(1) and 

(2) of this section to obtain the total 

concentration of dioxins/furans emitted 

in terms of total mass basis. 

§ 60.2695 How are the performance test 

data used? 

You use results of performance tests 

to demonstrate compliance with the 

emission limitations in table 2 of this 

subpart or tables 6 through 9 of this 

subpart. 

Model Rule—Initial Compliance 

Requirements 

§ 60.2700 How do I demonstrate initial 

compliance with the amended emission 

limitations and establish the operating 

limits? 

You must conduct a performance test, 

as required under §§ 60.2690 and 

60.2670, to determine compliance with 

the emission limitations in table 2 of 

this subpart and tables 6 through 9 of 

this subpart, to establish compliance 

with any opacity operating limits in 

§ 60.2675, to establish the kiln-specific 

emission limit in § 60.2710(y), as 

applicable, and to establish operating 

limits using the procedures in § 60.2675 

or § 60.2680. The performance test must 

be conducted using the test methods 

listed in table 2 of this subpart and 

tables 6 through 9 of this subpart and 

the procedures in § 60.2690. The use of 

the bypass stack during a performance 

test shall invalidate the performance 

test. You must conduct a performance 

evaluation of each continuous 


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monitoring system within 60 days of 

installation of the monitoring system. 

§ 60.2705 By what date must I conduct the 

initial performance test? 

(a) The initial performance test must 

be conducted no later than 180 days 

after your final compliance date. Your 

final compliance date is specified in 

table 1 of this subpart. 

(b) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you conducted a 

test consistent with the provisions of 

this subpart while combusting the given 

solid waste within the 6 months 

preceding the reintroduction of that 

solid waste in the combustion chamber, 

you do not need to retest until 6 months 

from the date you reintroduce that solid 

waste. 

(c) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you have not 

conducted a performance test consistent 

with the provisions of this subpart 

while combusting the given solid waste 

within the 6 months preceding the 

reintroduction of that solid waste in the 

combustion chamber, you must conduct 

a performance test within 60 days from 

the date you reintroduce solid waste. 

§ 60.2706 By what date must I conduct the 

initial air pollution control device 

inspection? 

(a) The initial air pollution control 

device inspection must be conducted 

within 60 days after installation of the 

control device and the associated CISWI 

unit reaches the charge rate at which it 

will operate, but no later than 180 days 

after the final compliance date for 

meeting the amended emission 

limitations. 

(b) Within 10 operating days 

following an air pollution control device 

inspection, all necessary repairs must be 

completed unless the owner or operator 

obtains written approval from the state 

agency establishing a date whereby all 

necessary repairs of the designated 

facility must be completed. 

Model Rule—Continuous Compliance 

Requirements 

§ 60.2710 How do I demonstrate 

continuous compliance with the amended 

emission limitations and the operating 

limits? 

(a) Compliance with standards. (1) 

The emission standards and operating 

requirements set forth in this subpart 

apply at all times. 

(2) If you cease combusting solid 

waste you may opt to remain subject to 

the provisions of this subpart. 

Consistent with the definition of CISWI 

unit, you are subject to the requirements 

of this subpart at least 6 months 

following the last date of solid waste 

combustion. Solid waste combustion is 

ceased when solid waste is not in the 

combustion chamber (i.e., the solid 

waste feed to the combustor has been 

cut off for a period of time not less than 

the solid waste residence time). 

(3) If you cease combusting solid 

waste you must be in compliance with 

any newly applicable standards on the 

effective date of the waste-to-fuel 

switch. The effective date of the wasteto-fuel switch is a date selected by you, 

that must be at least 6 months from the 

date that you ceased combusting solid 

waste, consistent with § 60.2710(a)(2). 

Your source must remain in compliance 

with this subpart until the effective date 

of the waste-to-fuel switch. 

(4) If you own or operate an existing 

commercial or industrial combustion 

unit that combusted a fuel or non-waste 

material, and you commence or 

recommence combustion of solid waste, 

you are subject to the provisions of this 

subpart as of the first day you introduce 

or reintroduce solid waste to the 

combustion chamber, and this date 

constitutes the effective date of the fuelto-waste switch. You must complete all 

initial compliance demonstrations for 

any Section 112 standards that are 

applicable to your facility before you 

commence or recommence combustion 

of solid waste. You must provide 30 

days prior notice of the effective date of 

the waste-to-fuel switch. The 

notification must identify: 

(i) The name of the owner or operator 

of the CISWI unit, the location of the 

source, the emissions unit(s) that will 

cease burning solid waste, and the date 

of the notice; 

(ii) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

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

and solid waste(s) the CISWI unit is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(iv) The date on which you became 

subject to the currently applicable 

emission limits; 

(v) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

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

(5) All air pollution control 

equipment necessary for compliance 

with any newly applicable emissions 

limits which apply as a result of the 

cessation or commencement or 

recommencement of combusting solid 

waste must be installed and operational 

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

(6) All monitoring systems necessary 

for compliance with any newly 

applicable monitoring requirements 

which apply as a result of the cessation 

or commencement or recommencement 

of combusting solid waste must be 

installed and operational as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. All calibration and 

drift checks must be performed as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. Relative accuracy 

tests must be performed as of the 

performance test deadline for PM CEMS 

(if PM CEMS are elected to demonstrate 

continuous compliance with the 

particulate matter emission limits). 

Relative accuracy testing for other 

CEMS need not be repeated if that 

testing was previously performed 

consistent with section 112 monitoring 

requirements or monitoring 

requirements under this subpart. 

(b) You must conduct an annual 

performance test for the pollutants 

listed in table 2 of this subpart or tables 

6 through 9 of this subpart and opacity 

for each CISWI unit as required under 

§ 60.2690. The annual performance test 

must be conducted using the test 

methods listed in table 2 of this subpart 

or tables 6 through 9 of this subpart and 

the procedures in § 60.2690. Opacity 

must be measured using EPA Reference 

Method 9 at 40 CFR part 60. Annual 

performance tests are not required if you 

use CEMS or continuous opacity 

monitoring systems to determine 

compliance. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.2675 or established under § 60.2680 

and as specified in § 60.2735. Operation 

above the established maximum or 

below the established minimum 

operating limits constitutes a deviation 

from the established operating limits. 

Three-hour block average values are 

used to determine compliance (except 

for baghouse leak detection system 

alarms) unless a different averaging 

period is established under § 60.2680 or, 

for energy recovery units, where the 

averaging time for each operating 

parameter is a 30-day rolling, calculated 

each hour as the average of the previous 

720 operating hours over the previous 

30 days of operation. Operation above 

the established maximum, below the 

established minimum, or outside the 

allowable range of the operating limits 

specified in paragraph (a) of this section 


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constitutes a deviation from your 

operating limits established under this 

subpart, except during performance 

tests conducted to determine 

compliance with the emission and 

operating limits or to establish new 

operating limits. Operating limits are 

confirmed or reestablished during 

performance tests. 

(d) You must burn only the same 

types of waste and fuels used to 

establish subcategory applicability (for 

ERUs) and operating limits during the 

performance test. 

(e) For energy recovery units, 

incinerators, and small remote units, 

you must perform annual visual 

emissions test for ash handling. 

(f) For energy recovery units, you 

must conduct an annual performance 

test for opacity using EPA Reference 

Method 9 at 40 CFR part 60 (except 

where particulate matter continuous 

monitoring system or continuous 

parameter monitoring systems are used) 

and the pollutants listed in table 7 of 

this subpart. 

(g) For facilities using a CEMS to 

demonstrate compliance with the 

carbon monoxide emission limit, 

compliance with the carbon monoxide 

emission limit may be demonstrated by 

using the CEMS according to the 

following requirements: 

(1) You must measure emissions 

according to § 60.13 to calculate 1-hour 

arithmetic averages, corrected to 7 

percent oxygen. CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content. You must demonstrate 

initial compliance with the carbon 

monoxide emissions limit using a 30- 

day rolling average of the 1-hour 

arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown as defined 

in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7. 

(2) Operate the carbon monoxide 

continuous emissions monitoring 

system in accordance with the 

applicable requirements of performance 

specification 4A of appendix B and the 

quality assurance procedures of 

appendix F of this part. 

(h) Coal and liquid/gas energy 

recovery units with annual average heat 

input rates greater than 250 MMBtu/hr 

may elect to demonstrate continuous 

compliance with the particulate matter 

emissions limit using a particulate 

matter CEMS according to the 

procedures in § 60.2730(n) instead of 

the continuous parameter monitoring 

system specified in § 60.2710(i). Coal 

and liquid/gas energy recovery units 

with annual average heat input rates 

less than 250 MMBtu/hr, incinerators, 

and small remote incinerators may also 

elect to demonstrate compliance using a 

particulate matter CEMS according to 

the procedures in § 60.2730(n) instead 

of particulate matter testing with EPA 

Method 5 at 40 CFR part 60, appendix 

A–3 and, if applicable, the continuous 

opacity monitoring requirements in 

paragraph (i) of this section. 

(i) For energy recovery units with 

annual average heat input rates greater 

than or equal to 10 MMBTU/hour but 

less than 250 MMBtu/hr you must 

install, operate, certify and maintain a 

continuous opacity monitoring system 

(COMS) according to the procedures in 

§ 60.2730. 

(j) For waste-burning kilns, you must 

conduct an annual performance test for 

the pollutants (except mercury and 

particulate matter, and hydrogen 

chloride if no acid gas wet scrubber is 

used) listed in table 8 of this subpart. If 

your waste-burning kiln is not equipped 

with a wet scrubber or dry scrubber, you 

must determine compliance with the 

hydrogen chloride emission limit using 

a CEMS as specified in § 60.2730. You 

must determine compliance with 

particulate matter using CPMS. You 

must determine compliance with the 

mercury emissions limit using a 

mercury CEMS according to the 

following requirements: 

(1) Operate a CEMS in accordance 

with performance specification 12A at 

40 CFR part 60, appendix B or a sorbent 

trap based integrated monitor in 

accordance with performance 

specification 12B at 40 CFR part 60, 

appendix B. The duration of the 

performance test must be a calendar 

month. For each calendar month in 

which the waste-burning kiln operates, 

hourly mercury concentration data and 

stack gas volumetric flow rate data must 

be obtained. You must demonstrate 

compliance with the mercury emissions 

limit using a 30-day rolling average of 

these 1-hour mercury concentrations, 

including CEMS data during startup and 

shutdown as defined in this subpart, 

calculated using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 at 40 CFR part 60, appendix A–7 of 

this part. CEMS data during startup and 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. 

(2) Owners or operators using a 

mercury continuous emissions 

monitoring systems must install, 

operate, calibrate and maintain an 

instrument for continuously measuring 

and recording the mercury mass 

emissions rate to the atmosphere 

according to the requirements of 

performance specifications 6 and 12A at 

40 CFR part 60, appendix B and quality 

assurance procedure 5 at 40 CFR part 

60, appendix F. 

(3) The owner or operator of a wasteburning kiln must demonstrate initial 

compliance by operating a mercury 

CEMS while the raw mill of the in-line 

kiln/raw mill is operating under normal 

conditions and including at least one 

period when the raw mill is off. 

(k) If you use an air pollution control 

device to meet the emission limitations 

in this subpart, you must conduct an 

initial and annual inspection of the air 

pollution control device. The inspection 

must include, at a minimum, the 

following: 

(1) Inspect air pollution control 

device(s) for proper operation. 

(2) Develop a site-specific monitoring 

plan according to the requirements in 

paragraph (l) of this section. This 

requirement also applies to you if you 

petition the EPA Administrator for 

alternative monitoring parameters under 

§ 60.13(i). 

(l) For each CMS required in this 

section, you must develop and submit to 

the EPA Administrator for approval a 

site-specific monitoring plan according 

to the requirements of this paragraph (l) 

that addresses paragraphs (l)(1)(i) 

through (vi) of this section. 

(1) You must submit this site-specific 

monitoring plan at least 60 days before 

your initial performance evaluation of 

your continuous monitoring system. 

(i) Installation of the continuous 

monitoring system sampling probe or 

other interface at a measurement 

location relative to each affected process 

unit such that the measurement is 

representative of control of the exhaust 

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

last control device). 

(ii) Performance and equipment 

specifications for the sample interface, 

the pollutant concentration or 

parametric signal analyzer and the data 

collection and reduction systems. 

(iii) Performance evaluation 

procedures and acceptance criteria (e.g., 

calibrations). 

(iv) Ongoing operation and 

maintenance procedures in accordance 

with the general requirements of 

§ 60.11(d). 

(v) Ongoing data quality assurance 

procedures in accordance with the 

general requirements of § 60.13. 

(vi) Ongoing recordkeeping and 

reporting procedures in accordance with 

the general requirements of § 60.7(b), 

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

(2) You must conduct a performance 

evaluation of each continuous 


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monitoring system in accordance with 

your site-specific monitoring plan. 

(3) You must operate and maintain 

the continuous monitoring system in 

continuous operation according to the 

site-specific monitoring plan. 

(m) If you have an operating limit that 

requires the use of a flow monitoring 

system, you must meet the requirements 

in paragraphs (l) and (m)(1) through (4) 

of this section. 

(1) Install the flow sensor and other 

necessary equipment in a position that 

provides a representative flow. 

(2) Use a flow sensor with a 

measurement sensitivity at full scale of 

no greater than 2 percent. 

(3) Minimize the effects of swirling 

flow or abnormal velocity distributions 

due to upstream and downstream 

disturbances. 

(4) Conduct a flow monitoring system 

performance evaluation in accordance 

with your monitoring plan at the time 

of each performance test but no less 

frequently than annually. 

(n) If you have an operating limit that 

requires the use of a pressure 

monitoring system, you must meet the 

requirements in paragraphs (l) and (n)(1) 

through (6) of this section. 

(1) Install the pressure sensor(s) in a 

position that provides a representative 

measurement of the pressure (e.g., PM 

scrubber pressure drop). 

(2) Minimize or eliminate pulsating 

pressure, vibration, and internal and 

external corrosion. 

(3) Use a pressure sensor with a 

minimum tolerance of 1.27 centimeters 

of water or a minimum tolerance of 1 

percent of the pressure monitoring 

system operating range, whichever is 

less. 

(4) Perform checks at the frequency 

outlined in your site-specific monitoring 

plan to ensure pressure measurements 

are not obstructed (e.g., check for 

pressure tap pluggage daily). 

(5) Conduct a performance evaluation 

of the pressure monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than annually. 

(6) If at any time the measured 

pressure exceeds the manufacturer’s 

specified maximum operating pressure 

range, conduct a performance 

evaluation of the pressure monitoring 

system in accordance with your 

monitoring plan and confirm that the 

pressure monitoring system continues to 

meet the performance requirements in 

your monitoring plan. Alternatively, 

install and verify the operation of a new 

pressure sensor. 

(o) If you have an operating limit that 

requires a pH monitoring system, you 

must meet the requirements in 

paragraphs (l) and (o)(1) through (4) of 

this section. 

(1) Install the pH sensor in a position 

that provides a representative 

measurement of scrubber effluent pH. 

(2) Ensure the sample is properly 

mixed and representative of the fluid to 

be measured. 

(3) Conduct a performance evaluation 

of the pH monitoring system in 

accordance with your monitoring plan 

at least once each process operating day. 

(4) Conduct a performance evaluation 

(including a two-point calibration with 

one of the two buffer solutions having 

a pH within 1 of the pH of the operating 

limit) of the pH monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than quarterly. 

(p) If you have an operating limit that 

requires a secondary electric power 

monitoring system for an electrostatic 

precipitator, you must meet the 

requirements in paragraphs (l) and (p)(1) 

through (2) of this section. 

(1) Install sensors to measure 

(secondary) voltage and current to the 

precipitator collection plates. 

(2) Conduct a performance evaluation 

of the electric power monitoring system 

in accordance with your monitoring 

plan at the time of each performance 

test but no less frequently than 

annually. 

(q) If you have an operating limit that 

requires the use of a monitoring system 

to measure sorbent injection rate (e.g., 

weigh belt, weigh hopper, or hopper 

flow measurement device), you must 

meet the requirements in paragraphs (l) 

and (q)(1) through (3) of this section. 

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

that provides a representative 

measurement of the total sorbent 

injection rate. 

(2) Conduct a performance evaluation 

of the sorbent injection rate monitoring 

system in accordance with your 

monitoring plan at the time of each 

performance test but no less frequently 

than annually. 

(r) If you elect to use a fabric filter bag 

leak detection system to comply with 

the requirements of this subpart, you 

must install, calibrate, maintain, and 

continuously operate a bag leak 

detection system as specified in 

paragraphs (l) and (r)(1) through (5) of 

this section. 

(1) Install a bag leak detection 

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

representative of the relative or absolute 

particulate matter loadings for each 

exhaust stack, roof vent, or 

compartment (e.g., for a positive 

pressure fabric filter) of the fabric filter. 

(2) Use a bag leak detection system 

certified by the manufacturer to be 

capable of detecting particulate matter 

emissions at concentrations of 10 

milligrams per actual cubic meter or 

less. 

(3) Conduct a performance evaluation 

of the bag leak detection system in 

accordance with your monitoring plan 

and consistent with the guidance 

provided in EPA–454/R–98–015 

(incorporated by reference, see § 60.17). 

(4) Use a bag leak detection system 

equipped with a device to continuously 

record the output signal from the sensor. 

(5) Use a bag leak detection system 

equipped with a system that will sound 

an alarm when an increase in relative 

particulate matter emissions over a 

preset level is detected. The alarm must 

be located where it is observed readily 

by plant operating personnel. 

(s) For facilities using a CEMS to 

demonstrate compliance with the sulfur 

dioxide emission limit, compliance with 

the sulfur dioxide emission limit may be 

demonstrated by using the CEMS 

specified in § 60.2730 to measure sulfur 

dioxide. CEMS data during startup and 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. You must calculate a 30-day 

rolling average of the 1-hour arithmetic 

average emission concentrations, 

including CEMS data during startup and 

shutdown as defined in this subpart, 

using equation 19–19 in section 12.4.1 

of EPA Reference Method 19 at 40 CFR 

part 60, appendix A–7. The sulfur 

dioxide CEMS must be operated 

according to performance specification 

2 in appendix B of this part and must 

follow the procedures and methods 

specified in this paragraph(s). For 

sources that have actual inlet emissions 

less than 100 parts per million dry 

volume, the relative accuracy criterion 

for inlet sulfur dioxide CEMS should be 

no greater than 20 percent of the mean 

value of the reference method test data 

in terms of the units of the emission 

standard, or 5 parts per million dry 

volume absolute value of the mean 

difference between the reference 

method and the CEMS, whichever is 

greater. 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 in appendix 

B of this part, collect sulfur dioxide and 

oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(s)(1)(i) and (ii) of this section. 

(i) For sulfur dioxide, EPA Reference 

Method 6 or 6C, or as an alternative 

ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see § 60.17) 

must be used. 


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(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, or as 

an alternative ANSI/ASME PTC 19.10– 

1981 (incorporated by reference, see 

§ 60.17), as applicable, must be used. 

(2) The span value of the CEMS at the 

inlet to the sulfur dioxide control device 

must be 125 percent of the maximum 

estimated hourly potential sulfur 

dioxide emissions of the unit subject to 

this rule. The span value of the CEMS 

at the outlet of the sulfur dioxide 

control device must be 50 percent of the 

maximum estimated hourly potential 

sulfur dioxide emissions of the unit 

subject to this rule. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(t) For facilities using a CEMS to 

demonstrate continuous compliance 

with the nitrogen oxides emission limit, 

compliance with the nitrogen oxides 

emission limit may be demonstrated by 

using the CEMS specified in § 60.2730 

to measure nitrogen oxides. CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. You 

must calculate a 30-day rolling average 

of the 1-hour arithmetic average 

emission concentration using equation 

19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7. The nitrogen oxides 

CEMS must be operated according to 

performance specification 2 in appendix 

B of this part and must follow the 

procedures and methods specified in 

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

section. 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 of appendix 

B of this part, collect nitrogen oxides 

and oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(t)(1)(i) and (ii) of this section. 

(i) For nitrogen oxides, EPA Reference 

Method 7 or 7E at 40 CFR part 60, 

appendix A–4 must be used. 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, or as 

an alternative ANSI/ASME PTC 19.10– 

1981 (incorporated by reference, see 

§ 60.17), as applicable, must be used. 

(2) The span value of the CEMS must 

be 125 percent of the maximum 

estimated hourly potential nitrogen 

oxide emissions of unit. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(4) The owner or operator of an 

affected facility may request that 

compliance with the nitrogen oxides 

emission limit be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. If 

carbon dioxide is selected for use in 

diluent corrections, the relationship 

between oxygen and carbon dioxide 

levels must be established during the 

initial performance test according to the 

procedures and methods specified in 

paragraphs (t)(4)(i) through (t)(4)(iv) of 

this section. This relationship may be 

reestablished during performance 

compliance tests. 

(i) The fuel factor equation in Method 

3B must be used to determine the 

relationship between oxygen and carbon 

dioxide at a sampling location. Method 

3A, 3B, or as an alternative ANSI/ASME 

PTC 19.10–1981 (incorporated by 

reference, see § 60.17), as applicable, 

must be used to determine the oxygen 

concentration at the same location as 

the carbon dioxide monitor. 

(ii) Samples must be taken for at least 

30 minutes in each hour. 

(iii) Each sample must represent a 1- 

hour average. 

(iv) A minimum of 3 runs must be 

performed. 

(u) For facilities using a continuous 

emissions monitoring system to 

demonstrate continuous compliance 

with any of the emission limits of this 

subpart, you must complete the 

following: 

(1) Demonstrate compliance with the 

appropriate emission limit(s) using a 30- 

day rolling average of 1-hour arithmetic 

average emission concentrations, 

including CEMS data during startup and 

shutdown, as defined in this subpart, 

calculated using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 at 40 CFR part 60, appendix A–7. 

CEMS data during startup and 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. 

(2) Operate all CEMS in accordance 

with the applicable procedures under 

appendices B and F of this part. 

(v) Use of the bypass stack at any time 

is an emissions standards deviation for 

particulate matter, HCl, Pb, Cd, Hg, 

NOX, SO2, and dioxin/furans. 

(w) For energy recovery units with a 

design heat input capacity of 100 

MMBtu per hour or greater that do not 

use a carbon monoxide CEMS, you must 

install, operate, and maintain an oxygen 

analyzer system as defined in § 60.2875 

according to the procedures in 

paragraphs (w)(1) through (4) of this 

section. 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2675. 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (w)(3) of this section at all 

times. 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen is not below 

the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test. 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(x) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (x)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure). 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with paragraphs (l) and 

(x)(1)(i) through (x)(1)(iii) of this 

section. 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation of the exhaust gas or 

representative sample. The reportable 

measurement output from the PM CPMS 

must be expressed as milliamps or the 

digital signal equivalent. 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes. 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2675. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 


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or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps, or digital bits). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (x)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; and 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit and to verify. Within 45 

days of the deviation, you must reestablish the CPMS operating limit. You 

are not required to conduct additional 

testing for any deviations that occur 

between the time of the original 

deviation and the PM emissions 

compliance test required under this 

paragraph. 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(y) When there is an alkali bypass 

and/or an in-line coal mill that exhaust 

emissions through a separate stack, the 

combined emissions are subject to the 

emission limits applicable to wasteburning kilns. To determine the kilnspecific emission limit for 

demonstrating compliance, you must: 

(1) Calculate a kiln-specific emission 

limit using equation 6: 

Where: 

Cks = Kiln stack concentration (ppmvd, mg/ 

dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2.) 

Qab = Alkali bypass flow rate (volume/hr) 

Cab = Alkali bypass concentration (ppmvd, 

mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qcm = In-line coal mill flow rate (volume/hr) 

Ccm = In-line coal mill concentration (ppmvd, 

mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qks = Kiln stack flow rate (volume/hr) 

(2) Particulate matter concentration 

must be measured downstream of the 

in-line coal mill. All other pollutant 

concentrations must be measured either 

upstream or downstream of the in-line 

coal mill. 

§ 60.2715 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests between 11 and 13 

months of the previous performance 

test. 

§ 60.2716 By what date must I conduct the 

annual air pollution control device 

inspection? 

On an annual basis (no more than 12 

months following the previous annual 

air pollution control device inspection), 

you must complete the air pollution 

control device inspection as described 

in § 60.2706. 

§ 60.2720 May I conduct performance 

testing less often? 

(a) You must conduct annual 

performance tests according to the 

schedule specified in § 60.2715, with 

the following exceptions: 

(1) You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits to 

apply from that point forward, as 

specified in § 60.2725. The 

Administrator may request a repeat 

performance test at any time. 

(2) You must repeat the performance 

test within 60 days of a process change, 

as defined in § 60.2875. 

(3) If the initial or any subsequent 

performance test for any pollutant in 

table 2 or tables 6 through 9 of this 

subpart, as applicable, demonstrates 

that the emission level for the pollutant 

is no greater than the emission level 

specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

and you are not required to conduct a 

performance test for the pollutant in 

response to a request by the 

Administrator in paragraph (a)(1) of this 

section or a process change in paragraph 

(a)(2) of this section, you may elect to 

skip conducting a performance test for 

the pollutant for the next 2 years. You 

must conduct a performance test for the 

pollutant during the third year and no 

more than 37 months following the 

previous performance test for the 

pollutant. For cadmium and lead, both 

cadmium and lead must be emitted at 

emission levels no greater than their 

respective emission levels specified in 

paragraph (a)(3)(i) of this section for you 


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to qualify for less frequent testing under 

this paragraph. 

(i) For particulate matter, hydrogen 

chloride, mercury, carbon monoxide, 

nitrogen oxides, sulfur dioxide, 

cadmium, lead, and dioxins/furans, the 

emission level equal to 75 percent of the 

applicable emission limit in table 2 or 

tables 6 through 9 of this subpart, as 

applicable, to this subpart. 

(ii) For fugitive emissions, visible 

emissions (of combustion ash from the 

ash conveying system) for 2 percent of 

the time during each of the three 1-hour 

observation periods. 

(4) If you are conducting less frequent 

testing for a pollutant as provided in 

paragraph (a)(3) of this section and a 

subsequent performance test for the 

pollutant indicates that your CISWI unit 

does not meet the emission level 

specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

you must conduct annual performance 

tests for the pollutant according to the 

schedule specified in paragraph (a) of 

this section until you qualify for less 

frequent testing for the pollutant as 

specified in paragraph (a)(3) of this 

section. 

(b) [Reserved] 

§ 60.2725 May I conduct a repeat 

performance test to establish new operating 

limits? 

(a) Yes. You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits. The 

Administrator may request a repeat 

performance test at any time. 

(b) You must repeat the performance 

test if your feed stream is different than 

the feed streams used during any 

performance test used to demonstrate 

compliance. 

Model Rule—Monitoring 

§ 60.2730 What monitoring equipment 

must I install and what parameters must I 

monitor? 

(a) If you are using a wet scrubber to 

comply with the emission limitation 

under § 60.2670, you must install, 

calibrate (to manufacturers’ 

specifications), maintain, and operate 

devices (or establish methods) for 

monitoring the value of the operating 

parameters used to determine 

compliance with the operating limits 

listed in table 3 of this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in table 3 of this subpart at all times 

except as specified in § 60.2735(a). 

(b) If you use a fabric filter to comply 

with the requirements of this subpart, 

you must install, calibrate, maintain, 

and continuously operate a bag leak 

detection system as specified in 

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

section. 

(1) You must install and operate a bag 

leak detection system for each exhaust 

stack of the fabric filter. 

(2) Each bag leak detection system 

must be installed, operated, calibrated, 

and maintained in a manner consistent 

with the manufacturer’s written 

specifications and recommendations. 

(3) The bag leak detection system 

must be certified by the manufacturer to 

be capable of detecting particulate 

matter emissions at concentrations of 10 

milligrams per actual cubic meter or 

less. 

(4) The bag leak detection system 

sensor must provide output of relative 

or absolute particulate matter loadings. 

(5) The bag leak detection system 

must be equipped with a device to 

continuously record the output signal 

from the sensor. 

(6) The bag leak detection system 

must be equipped with an alarm system 

that will alert automatically an operator 

when an increase in relative particulate 

matter emission over a preset level is 

detected. The alarm must be located 

where it is observed easily by plant 

operating personnel. 

(7) For positive pressure fabric filter 

systems, a bag leak detection system 

must be installed in each baghouse 

compartment or cell. For negative 

pressure or induced air fabric filters, the 

bag leak detector must be installed 

downstream of the fabric filter. 

(8) Where multiple detectors are 

required, the system’s instrumentation 

and alarm may be shared among 

detectors. 

(c) If you are using something other 

than a wet scrubber, activated carbon, 

selective non-catalytic reduction, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations under § 60.2670, you must 

install, calibrate (to the manufacturers’ 

specifications), maintain, and operate 

the equipment necessary to monitor 

compliance with the site-specific 

operating limits established using the 

procedures in § 60.2680. 

(d) If you use activated carbon 

injection to comply with the emission 

limitations in this subpart, you must 

measure the minimum sorbent flow rate 

once per hour. 

(e) If you use selective noncatalytic 

reduction to comply with the emission 

limitations, you must complete the 

following: 

(1) Following the date on which the 

initial performance test is completed or 

is required to be completed under 

§ 60.2690, whichever date comes first, 

ensure that the affected facility does not 

operate above the maximum charge rate, 

or below the minimum secondary 

chamber temperature (if applicable to 

your CISWI unit) or the minimum 

reagent flow rate measured as 3-hour 

block averages at all times. 

(2) Operation of the affected facility 

above the maximum charge rate, below 

the minimum secondary chamber 

temperature and below the minimum 

reagent flow rate simultaneously 

constitute a violation of the nitrogen 

oxides emissions limit. 

(f) If you use an electrostatic 

precipitator to comply with the 

emission limits of this subpart, you 

must monitor the secondary power to 

the electrostatic precipitator collection 

plates and maintain the 3-hour block 

averages at or above the operating limits 

established during the mercury or 

particulate matter performance test. 

(g) For waste-burning kilns not 

equipped with a wet scrubber or dry 

scrubber, in place of hydrogen chloride 

testing with EPA Method 321 at 40 CFR 

part 63, appendix A, an owner or 

operator must install, calibrate, 

maintain, and operate a CEMS for 

monitoring hydrogen chloride emissions 

discharged to the atmosphere and 

record the output of the system. To 

demonstrate continuous compliance 

with the hydrogen chloride emissions 

limit for units other than waste-burning 

kilns not equipped with a wet scrubber 

or dry scrubber, a facility may substitute 

use of a hydrogen chloride CEMS for 

conducting the hydrogen chloride 

annual performance test, monitoring the 

minimum hydrogen chloride sorbent 

flow rate, monitoring the minimum 

scrubber liquor pH. 

(h) To demonstrate continuous 

compliance with the particulate matter 

emissions limit, a facility may substitute 

use of a particulate matter CEMS for 

conducting the particulate matter 

annual performance test and other CMS 

monitoring for PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure). 

(i) To demonstrate continuous 

compliance with the dioxin/furan 

emissions limit, a facility may substitute 

use of a continuous automated sampling 

system for the dioxin/furan annual 

performance test. You must record the 

output of the system and analyze the 

sample according to EPA Method 23 at 

40 CFR part 60, appendix A–7. This 

option to use a continuous automated 

sampling system takes effect on the date 

a final performance specification 

applicable to dioxin/furan from 

continuous monitors is published in the 

Federal Register. The owner or operator 

who elects to continuously sample 

dioxin/furan emissions instead of 


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sampling and testing using EPA Method 

23 at 40 CFR part 60, appendix A–7 

must install, calibrate, maintain and 

operate a continuous automated 

sampling system and must comply with 

the requirements specified in 

§ 60.58b(p) and (q). A facility may 

substitute continuous dioxin/furan 

monitoring for the minimum sorbent 

flow rate, if activated carbon sorbent 

injection is used solely for compliance 

with the dioxin/furan emission limit. 

(j) To demonstrate continuous 

compliance with the mercury emissions 

limit, a facility may substitute use of a 

continuous automated sampling system 

for the mercury annual performance 

test. You must record the output of the 

system and analyze the sample at set 

intervals using any suitable 

determinative technique that can meet 

performance specification 12B criteria. 

This option to use a continuous 

automated sampling system takes effect 

on the date a final performance 

specification applicable to mercury from 

monitors is published in the Federal 

Register. The owner or operator who 

elects to continuously sample mercury 

emissions instead of sampling and 

testing using EPA Method 29 or 30B at 

40 CFR part 60, appendix A–8, ASTM 

D6784–02 (Reapproved 2008) 

(incorporated by reference, see § 60.17), 

or an approved alternative method for 

measuring mercury emissions, must 

install, calibrate, maintain and operate a 

continuous automated sampling system 

and must comply with the requirements 

specified in § 60.58b(p) and (q). A 

facility may substitute continuous 

mercury monitoring for the minimum 

sorbent flow rate, if activated carbon 

sorbent injection is used solely for 

compliance with the mercury emission 

limit. 

(k) To demonstrate continuous 

compliance with the nitrogen oxides 

emissions limit, a facility may substitute 

use of a CEMS for the nitrogen oxides 

annual performance test to demonstrate 

compliance with the nitrogen oxides 

emissions limits and monitoring the 

charge rate, secondary chamber 

temperature and reagent flow for 

selective noncatalytic reduction, if 

applicable. 

(1) Install, calibrate, maintain and 

operate a CEMS for measuring nitrogen 

oxides emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 2 of appendix 

B of this part, the quality assurance 

procedure 1 of appendix F of this part 

and the procedures under § 60.13 must 

be followed for installation, evaluation 

and operation of the CEMS. 

(2) Following the date that the initial 

performance test for nitrogen oxides is 

completed or is required to be 

completed under § 60.2690, compliance 

with the emission limit for nitrogen 

oxides required under § 60.52b(d) must 

be determined based on the 30-day 

rolling average of the hourly emission 

concentrations using CEMS outlet data. 

The 1-hour arithmetic averages must be 

expressed in parts per million by 

volume corrected to 7 percent oxygen 

(dry basis) and used to calculate the 30- 

day rolling average concentrations. 

CEMS data during startup and 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. The 1-hour arithmetic averages 

must be calculated using the data points 

required under § 60.13(e)(2). 

(l) To demonstrate continuous 

compliance with the sulfur dioxide 

emissions limit, a facility may substitute 

use of a continuous automated sampling 

system for the sulfur dioxide annual 

performance test to demonstrate 

compliance with the sulfur dioxide 

emissions limits. 

(1) Install, calibrate, maintain and 

operate a CEMS for measuring sulfur 

dioxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 2 of appendix 

B of this part, the quality assurance 

requirements of procedure 1 of 

appendix F of this part and the 

procedures under § 60.13 must be 

followed for installation, evaluation and 

operation of the CEMS. 

(2) Following the date that the initial 

performance test for sulfur dioxide is 

completed or is required to be 

completed under § 60.2690, compliance 

with the sulfur dioxide emission limit 

may be determined based on the 30-day 

rolling average of the hourly arithmetic 

average emission concentrations using 

CEMS outlet data. The 1-hour arithmetic 

averages must be expressed in parts per 

million corrected to 7 percent oxygen 

(dry basis) and used to calculate the 30- 

day rolling average emission 

concentrations. CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content. The 1-hour arithmetic 

averages must be calculated using the 

data points required under § 60.13(e)(2). 

(m) For energy recovery units over 10 

MMBtu/hr but less than 250 MMBtu/hr 

annual average heat input rates that do 

not use a wet scrubber, fabric filter with 

bag leak detection system, or particulate 

matter CEMS, you must install, operate, 

certify and maintain a continuous 

opacity monitoring system according to 

the procedures in paragraphs (m)(1) 

through (5) of this section by the 

compliance date specified in § 60.2670. 

Energy recovery units that use a 

particulate matter CEMS to demonstrate 

initial and continuing compliance 

according to the procedures in 

§ 60.2730(n) are not required to install a 

continuous opacity monitoring system 

and must perform the annual 

performance tests for opacity consistent 

with § 60.2710(f). 

(1) Install, operate and maintain each 

continuous opacity monitoring system 

according to performance specification 

1 at 40 CFR part 60, appendix B. 

(2) Conduct a performance evaluation 

of each continuous opacity monitoring 

system according to the requirements in 

§ 60.13 and according to performance 

specification 1 at 40 CFR part 60, 

appendix B. 

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

continuous opacity monitoring system 

must complete a minimum of one cycle 

of sampling and analyzing for each 

successive 10-second period and one 

cycle of data recording for each 

successive 6-minute period. 

(4) Reduce the continuous opacity 

monitoring system data as specified in 

§ 60.13(h)(1). 

(5) Determine and record all the 6- 

minute averages (and 1-hour block 

averages as applicable) collected. 

(n) For coal and liquid/gas energy 

recovery units, incinerators, and small 

remote incinerators, an owner or 

operator may elect to install, calibrate, 

maintain and operate a CEMS for 

monitoring particulate matter emissions 

discharged to the atmosphere and 

record the output of the system. The 

owner or operator of an affected facility 

who continuously monitors particulate 

matter emissions instead of conducting 

performance testing using EPA Method 

5 at 40 CFR part 60, appendix A–3 or, 

as applicable, monitor with a particulate 

matter CPMS according to paragraph (r) 

of this section, must install, calibrate, 

maintain and operate a CEMS and must 

comply with the requirements specified 

in paragraphs (n)(1) through (13) of this 

section. 

(1) Notify the Administrator 1 month 

before starting use of the system. 

(2) Notify the Administrator 1 month 

before stopping use of the system. 

(3) The monitor must be installed, 

evaluated and operated in accordance 

with the requirements of performance 

specification 11 of appendix B of this 

part and quality assurance requirements 

of procedure 2 of appendix F of this part 

and § 60.13. 

(4) The initial performance evaluation 

must be completed no later than 180 

days after the final compliance date for 


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meeting the amended emission 

limitations, as specified under § 60.2690 

or within 180 days of notification to the 

Administrator of use of the continuous 

monitoring system if the owner or 

operator was previously determining 

compliance by Method 5 at 40 CFR part 

60, appendix A–3 performance tests, 

whichever is later. 

(5) The owner or operator of an 

affected facility may request that 

compliance with the particulate matter 

emission limit be determined using 

carbon dioxide measurements corrected 

to an equivalent of 7 percent oxygen. 

The relationship between oxygen and 

carbon dioxide levels for the affected 

facility must be established according to 

the procedures and methods specified 

in § 60.2710(s)(5)(i) through (s)(5)(iv). 

(6) The owner or operator of an 

affected facility must conduct an initial 

performance test for particulate matter 

emissions as required under § 60.2690. 

Compliance with the particulate matter 

emission limit, if PM CEMS are elected 

for demonstrating compliance, must be 

determined by using the CEMS 

specified in paragraph (n) of this section 

to measure particulate matter. You must 

calculate a 30-day rolling average of 1- 

hour arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown, as 

defined in this subpart, using equation 

19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7 of this part. 

(7) Compliance with the particulate 

matter emission limit must be 

determined based on the 30-day rolling 

average calculated using equation 19–19 

in section 12.4.1 of EPA Reference 

Method 19 at 40 CFR part 60, Appendix 

A–7 of the part from the 1-hour 

arithmetic average of the CEMS outlet 

data. 

(8) At a minimum, valid continuous 

monitoring system hourly averages must 

be obtained as specified § 60.2735. 

(9) The 1-hour arithmetic averages 

required under paragraph (n)(7) of this 

section must be expressed in milligrams 

per dry standard cubic meter corrected 

to 7 percent oxygen (or carbon 

dioxide)(dry basis) and must be used to 

calculate the 30-day rolling average 

emission concentrations. CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 

1-hour arithmetic averages must be 

calculated using the data points 

required under § 60.13(e)(2). 

(10) All valid CEMS data must be 

used in calculating average emission 

concentrations even if the minimum 

CEMS data requirements of paragraph 

(n)(8) of this section are not met. 

(11) The CEMS must be operated 

according to performance specification 

11 in appendix B of this part. 

(12) During each relative accuracy test 

run of the CEMS required by 

performance specification 11 in 

appendix B of this part, particulate 

matter and oxygen (or carbon dioxide) 

data must be collected concurrently (or 

within a 30-to 60-minute period) by 

both the CEMS and the following test 

methods. 

(i) For particulate matter, EPA 

Reference Method 5 at 40 CFR part 60, 

appendix A–3 must be used. 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B at 40 

CFR part 60, appendix A–2, as 

applicable, must be used. 

(13) Quarterly accuracy 

determinations and daily calibration 

drift tests must be performed in 

accordance with procedure 2 in 

appendix F of this part. 

(o) To demonstrate continuous 

compliance with the carbon monoxide 

emissions limit, a facility may substitute 

use of a continuous automated sampling 

system for the carbon monoxide annual 

performance test to demonstrate 

compliance with the carbon monoxide 

emissions limits. 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring carbon 

monoxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 4B of 

appendix B of this part, the quality 

assurance procedure 1 of appendix F of 

this part and the procedures under 

§ 60.13 must be followed for 

installation, evaluation, and operation 

of the CEMS. 

(2) Following the date that the initial 

performance test for carbon monoxide is 

completed or is required to be 

completed under § 60.2690, compliance 

with the carbon monoxide emission 

limit may be determined based on the 

30-day rolling average of the hourly 

arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown as defined 

in this subpart, using CEMS outlet data. 

Except for CEMS data during startup 

and shutdown, as defined in this 

subpart, the 1-hour arithmetic averages 

must be expressed in parts per million 

corrected to 7 percent oxygen (dry basis) 

and used to calculate the 30-day rolling 

average emission concentrations. CEMS 

data collected during startup or 

shutdown, as defined in this subpart, 

are not corrected to 7 percent oxygen, 

and are measured at stack oxygen 

content. The 1-hour arithmetic averages 

must be calculated using the data points 

required under § 60.13(e)(2). 

(p) The owner/operator of an affected 

source with a bypass stack shall install, 

calibrate (to manufacturers’ 

specifications), maintain and operate a 

device or method for measuring the use 

of the bypass stack including date, time 

and duration. 

(q) For energy recovery units with a 

heat input capacity of 100 MMBtu per 

hour or greater that do not use a carbon 

monoxide CEMS, you must install, 

operate and maintain the continuous 

oxygen monitoring system as defined in 

§ 60.2875 according to the procedures in 

paragraphs (q)(1) through (4) of this 

section. 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2675. 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (q)(3) of this section at all 

times. 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen according to 

paragraph (q)(4) of this section is not 

below the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test. 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(r) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (r)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure). 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with § 60.2710(l) and 

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

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation of the exhaust gas or 

representative sample. The reportable 

measurement output from the PM CPMS 

must be expressed as milliamps or the 

digital signal equivalent. 


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(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes. 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2675. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps, or the digital signal 

equivalent). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (r)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; and 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit and to verify the 

operation of the emissions control 

device(s). Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under this paragraph. 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(s) If you use a dry scrubber to comply 

with the emission limits of this subpart, 

you must monitor the injection rate of 

each sorbent and maintain the 3-hour 

block averages at or above the operating 

limits established during the hydrogen 

chloride performance test. 

§ 60.2735 Is there a minimum amount of 

monitoring data I must obtain? 

For each continuous monitoring 

system required or optionally allowed 

under § 60.2730, you must monitor and 

collect data according to this section: 

(a) You must operate the monitoring 

system and collect data at all required 

intervals at all times compliance is 

required except for periods of 

monitoring system malfunctions or outof-control periods, repairs associated 

with monitoring system malfunctions or 

out-of-control periods (as specified in 

§ 60.2770(o)), and required monitoring 

system quality assurance or quality 

control activities including, as 

applicable, calibration checks and 

required zero and span adjustments. A 

monitoring system malfunction is any 

sudden, infrequent, not reasonably 

preventable failure of the monitoring 

system to provide valid data. 

Monitoring system failures that are 

caused in part by poor maintenance or 

careless operation are not malfunctions. 

You are required to effect monitoring 

system repairs in response to 

monitoring system malfunctions or outof-control periods and to return the 

monitoring system to operation as 

expeditiously as practicable. 

(b) You may not use data recorded 

during the monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions or outof control periods, or required 

monitoring system quality assurance or 

control activities in calculations used to 

report emissions or operating levels. 

You must use all the data collected 

during all other periods in assessing the 

operation of the control device and 

associated control system. 

(c) Except for periods of monitoring 

system malfunctions or out-of-control 

periods, repairs associated with 

monitoring system malfunctions or outof-control periods, and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments, 

failure to collect required data is a 

deviation of the monitoring 

requirements. 

Model Rule—Recordkeeping and 

Reporting 

§ 60.2740 What records must I keep? 

You must maintain the items (as 

applicable) as specified in paragraphs 

(a), (b), and (e) through (w) of this 

section for a period of at least 5 years: 

(a) Calendar date of each record. 

(b) Records of the data described in 

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

section: 

(1) The CISWI unit charge dates, 

times, weights, and hourly charge rates. 

(2) Liquor flow rate to the wet 

scrubber inlet every 15 minutes of 

operation, as applicable. 

(3) Pressure drop across the wet 

scrubber system every 15 minutes of 

operation or amperage to the wet 

scrubber every 15 minutes of operation, 

as applicable. 


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(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(5) For affected CISWI units that 

establish operating limits for controls 

other than wet scrubbers under 

§ 60.2675(d) through (g) or § 60.2680, 

you must maintain data collected for all 

operating parameters used to determine 

compliance with the operating limits. 

For energy recovery units using 

activated carbon injection or a dry 

scrubber, you must also maintain 

records of the load fraction and 

corresponding sorbent injection rate 

records. 

(6) If a fabric filter is used to comply 

with the emission limitations, you must 

record the date, time, and duration of 

each alarm and the time corrective 

action was initiated and completed, and 

a brief description of the cause of the 

alarm and the corrective action taken. 

You must also record the percent of 

operating time during each 6-month 

period that the alarm sounds, calculated 

as specified in § 60.2675(c). 

(c)–(d) [Reserved] 

(e) Identification of calendar dates 

and times for which data show a 

deviation from the operating limits in 

table 3 of this subpart or a deviation 

from other operating limits established 

under § 60.2675(d) through (g) or 

§ 60.2680 with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(f) The results of the initial, annual, 

and any subsequent performance tests 

conducted to determine compliance 

with the emission limits and/or to 

establish operating limits, as applicable. 

Retain a copy of the complete test report 

including calculations. 

(g) Records showing the names of 

CISWI unit operators who have 

completed review of the information in 

§ 60.2660(a) as required by § 60.2660(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(h) Records showing the names of the 

CISWI operators who have completed 

the operator training requirements 

under § 60.2635, met the criteria for 

qualification under § 60.2645, and 

maintained or renewed their 

qualification under § 60.2650 or 

§ 60.2655. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(i) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(j) Records of calibration of any 

monitoring devices as required under 

§ 60.2730. 

(k) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(l) The information listed in 

§ 60.2660(a). 

(m) On a daily basis, keep a log of the 

quantity of waste burned and the types 

of waste burned (always required). 

(n) Maintain records of the annual air 

pollution control device inspections 

that are required for each CISWI unit 

subject to the emissions limits in table 

2 of this subpart or tables 6 through 9 

of this subpart, any required 

maintenance and any repairs not 

completed within 10 days of an 

inspection or the timeframe established 

by the state regulatory agency. 

(o) For continuously monitored 

pollutants or parameters, you must 

document and keep a record of the 

following parameters measured using 

continuous monitoring systems. 

(1) All 6-minute average levels of 

opacity. 

(2) All 1-hour average concentrations 

of sulfur dioxide emissions. You must 

indicate which data are CEMS data 

during startup and shutdown. 

(3) All 1-hour average concentrations 

of nitrogen oxides emissions. You must 

indicate which data are CEMS data 

during startup and shutdown. 

(4) All 1-hour average concentrations 

of carbon monoxide emissions. You 

must indicate which data are CEMS data 

during startup and shutdown. 

(5) All 1-hour average concentrations 

of particulate matter emissions. You 

must indicate which data are CEMS data 

during startup and shutdown. 

(6) All 1-hour average concentrations 

of mercury emissions. You must 

indicate which data are CEMS data 

during startup and shutdown. 

(7) All 1-hour average concentrations 

of hydrogen chloride emissions. You 

must indicate which data are CEMS data 

during startup and shutdown. 

(8) All 1-hour average percent oxygen 

concentrations. 

(9) All 1-hour average PM CPMS 

readings or particulate matter CEMS 

outputs. 

(p) Records indicating use of the 

bypass stack, including dates, times and 

durations. 

(q) If you choose to stack test less 

frequently than annually, consistent 

with § 60.2720(a) through (c), you must 

keep annual records that document that 

your emissions in the previous stack 

test(s) were less than 75 percent of the 

applicable emission limit and document 

that there was no change in source 

operations including fuel composition 

and operation of air pollution control 

equipment that would cause emissions 

of the relevant pollutant to increase 

within the past year. 

(r) Records of the occurrence and 

duration of each malfunction of 

operation (i.e., process equipment) or 

the air pollution control and monitoring 

equipment. 

(s) Records of all required 

maintenance performed on the air 

pollution control and monitoring 

equipment. 

(t) Records of actions taken during 

periods of malfunction to minimize 

emissions in accordance with § 60.11(d), 

including corrective actions to restore 

malfunctioning process and air 

pollution control and monitoring 

equipment to its normal or usual 

manner of operation. 

(u) For operating units that combust 

non-hazardous secondary materials that 

have been determined not to be solid 

waste pursuant to § 241.3(b)(1), you 

must keep a record which documents 

how the secondary material meets each 

of the legitimacy criteria under 

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

has been processed from a discarded 

non-hazardous secondary material 

pursuant to § 241.3(b)(4), you must keep 

records as to how the operations that 

produced the fuel satisfies the definition 

of processing in § 241.2 and each of the 

legitimacy criteria in § 241.3(d)(1) of 

this chapter. If the fuel received a nonwaste determination pursuant to the 

petition process submitted under 

§ 241.3(c), you must keep a record that 

documents how the fuel satisfies the 

requirements of the petition process. For 

operating units that combust nonhazardous secondary materials as fuel 

per § 241.4, you must keep records 

documenting that the material is a listed 

non-waste under § 241.4(a). 

(v) Records of the criteria used to 

establish that the unit qualifies as a 

small power production facility under 

section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 796(17)(C)) and that the 

waste material the unit is proposed to 

burn is homogeneous. 

(w) Records of the criteria used to 

establish that the unit qualifies as a 

cogeneration facility under section 

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

U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is 

homogeneous. 

§ 60.2745 Where and in what format must 

I keep my records? 

All records must be available onsite in 

either paper copy or computer-readable 

format that can be printed upon request, 


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unless an alternative format is approved 

by the Administrator. 

§ 60.2750 What reports must I submit? 

See table 5 of this subpart for a 

summary of the reporting requirements. 

§ 60.2755 When must I submit my waste 

management plan? 

You must submit the waste 

management plan no later than the date 

specified in table 1 of this subpart for 

submittal of the final control plan. 

§ 60.2760 What information must I submit 

following my initial performance test? 

You must submit the information 

specified in paragraphs (a) through (c) of 

this section no later than 60 days 

following the initial performance test. 

All reports must be signed by the 

facilities manager. 

(a) The complete test report for the 

initial performance test results obtained 

under § 60.2700, as applicable. 

(b) The values for the site-specific 

operating limits established in § 60.2675 

or § 60.2680. 

(c) If you are using a fabric filter to 

comply with the emission limitations, 

documentation that a bag leak detection 

system has been installed and is being 

operated, calibrated, and maintained as 

required by § 60.2730(b). 

§ 60.2765 When must I submit my annual 

report? 

You must submit an annual report no 

later than 12 months following the 

submission of the information in 

§ 60.2760. You must submit subsequent 

reports no more than 12 months 

following the previous report. (If the 

unit is subject to permitting 

requirements under title V of the Clean 

Air Act, you may be required by the 

permit to submit these reports more 

frequently.) 

§ 60.2770 What information must I include 

in my annual report? 

The annual report required under 

§ 60.2765 must include the ten items 

listed in paragraphs (a) through (j) of 

this section. If you have a deviation 

from the operating limits or the 

emission limitations, you must also 

submit deviation reports as specified in 

§§ 60.2775, 60.2780, and 60.2785. 

(a) Company name and address. 

(b) Statement by a responsible official, 

with that official’s name, title, and 

signature, certifying the accuracy of the 

content of the report. 

(c) Date of report and beginning and 

ending dates of the reporting period. 

(d) The values for the operating limits 

established pursuant to § 60.2675 or 

§ 60.2680. 

(e) If no deviation from any emission 

limitation or operating limit that applies 

to you has been reported, a statement 

that there was no deviation from the 

emission limitations or operating limits 

during the reporting period. 

(f) The highest recorded 3-hour 

average and the lowest recorded 3-hour 

average, as applicable, for each 

operating parameter recorded for the 

calendar year being reported. 

(g) Information recorded under 

§ 60.2740(b)(6) and (c) through (e) for 

the calendar year being reported. 

(h) For each performance test 

conducted during the reporting period, 

if any performance test is conducted, 

the process unit(s) tested, the 

pollutant(s) tested and the date that 

such performance test was conducted. 

Submit, following the procedure 

specified in § 60.2795(b)(1), the 

performance test report no later than the 

date that you submit the annual report. 

(i) If you met the requirements of 

§ 60.2720(a) or (b), and did not conduct 

a performance test during the reporting 

period, you must state that you met the 

requirements of § 60.2720(a) or (b), and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all 

qualified CISWI unit operators were 

unavailable for more than 8 hours, but 

less than 2 weeks. 

(k) If you had a malfunction during 

the reporting period, the compliance 

report must include the number, 

duration, and a brief description for 

each type of malfunction that occurred 

during the reporting period and that 

caused or may have caused any 

applicable emission limitation to be 

exceeded. The report must also include 

a description of actions taken by an 

owner or operator during a malfunction 

of an affected source to minimize 

emissions in accordance with § 60.11(d), 

including actions taken to correct a 

malfunction. 

(l) For each deviation from an 

emission or operating limitation that 

occurs for a CISWI unit for which you 

are not using a CMS to comply with the 

emission or operating limitations in this 

subpart, the annual report must contain 

the following information. 

(1) The total operating time of the 

CISWI unit at which the deviation 

occurred during the reporting period. 

(2) Information on the number, 

duration, and cause of deviations 

(including unknown cause, if 

applicable), as applicable, and the 

corrective action taken. 

(m) If there were periods during 

which the continuous monitoring 

system, including the CEMS, was out of 

control as specified in paragraph (o) of 

this section, the annual report must 

contain the following information for 

each deviation from an emission or 

operating limitation occurring for a 

CISWI unit for which you are using a 

continuous monitoring system to 

comply with the emission and operating 

limitations in this subpart. 

(1) The date and time that each 

malfunction started and stopped. 

(2) The date, time, and duration that 

each CMS was inoperative, except for 

zero (low-level) and high-level checks. 

(3) The date, time, and duration that 

each continuous monitoring system was 

out-of-control, including start and end 

dates and hours and descriptions of 

corrective actions taken. 

(4) The date and time that each 

deviation started and stopped, and 

whether each deviation occurred during 

a period of malfunction or during 

another period. 

(5) A summary of the total duration of 

the deviation during the reporting 

period, and the total duration as a 

percent of the total source operating 

time during that reporting period. 

(6) A breakdown of the total duration 

of the deviations during the reporting 

period into those that are due to control 

equipment problems, process problems, 

other known causes, and other 

unknown causes. 

(7) A summary of the total duration of 

continuous monitoring system 

downtime during the reporting period, 

and the total duration of continuous 

monitoring system downtime as a 

percent of the total operating time of the 

CISWI unit at which the continuous 

monitoring system downtime occurred 

during that reporting period. 

(8) An identification of each 

parameter and pollutant that was 

monitored at the CISWI unit. 

(9) A brief description of the CISWI 

unit. 

(10) A brief description of the 

continuous monitoring system. 

(11) The date of the latest continuous 

monitoring system certification or audit. 

(12) A description of any changes in 

continuous monitoring system, 

processes, or controls since the last 

reporting period. 

(n) If there were periods during which 

the continuous monitoring system, 

including the CEMS, was not out of 

control as specified in paragraph (o) of 

this section, a statement that there were 

not periods during which the 

continuous monitoring system was out 

of control during the reporting period. 

(o) A continuous monitoring system is 

out of control if any of the following 

occur. 

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

applicable), or high-level calibration 

drift exceeds two times the applicable 


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calibration drift specification in the 

applicable performance specification or 

in the relevant standard. 

(2) The continuous monitoring system 

fails a performance test audit (e.g., 

cylinder gas audit), relative accuracy 

audit, relative accuracy test audit, or 

linearity test audit. 

(3) The continuous opacity 

monitoring system calibration drift 

exceeds two times the limit in the 

applicable performance specification in 

the relevant standard. 

(p) For energy recovery units, include 

the annual heat input and average 

annual heat input rate of all fuels being 

burned in the unit to verify which 

subcategory of energy recovery unit 

applies. 

§ 60.2775 What else must I report if I have 

a deviation from the operating limits or the 

emission limitations? 

(a) You must submit a deviation 

report if any recorded 3-hour average 

parameter level is above the maximum 

operating limit or below the minimum 

operating limit established under this 

subpart, if the bag leak detection system 

alarm sounds for more than 5 percent of 

the operating time for the 6-month 

reporting period, or if a performance test 

was conducted that deviated from any 

emission limitation. 

(b) The deviation report must be 

submitted by August 1 of that year for 

data collected during the first half of the 

calendar year (January 1 to June 30), and 

by February 1 of the following year for 

data you collected during the second 

half of the calendar year (July 1 to 

December 31). 

§ 60.2780 What must I include in the 

deviation report? 

In each report required under 

§ 60.2775, for any pollutant or 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the 

four items described in paragraphs (a) 

through (d) of this section. 

(a) The calendar dates and times your 

unit deviated from the emission 

limitations or operating limit 

requirements. 

(b) The averaged and recorded data 

for those dates. 

(c) Durations and causes of the 

following: 

(1) Each deviation from emission 

limitations or operating limits and your 

corrective actions. 

(2) Bypass events and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and for any test report that documents 

the emission levels the process unit(s) 

tested, the pollutant(s) tested and the 

date that the performance test was 

conducted. Submit, following the 

procedure specified in § 60.2795(b)(1), 

the performance test report no later than 

the date that you submit the deviation 

report. 

§ 60.2785 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 the 

Administrator every 4 weeks that 

includes the three items in paragraphs 

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

(i) A description of what you are 

doing to ensure that a qualified operator 

is accessible. 

(ii) The date when you anticipate that 

a qualified operator will be accessible. 

(iii) Request approval from the 

Administrator to continue operation of 

the CISWI unit. 

(b) If your unit was shut down by the 

Administrator, under the provisions of 

§ 60.2665(b)(2), due to a failure to 

provide an accessible qualified operator, 

you must notify the Administrator that 

you are resuming operation once a 

qualified operator is accessible. 

§ 60.2790 Are there any other notifications 

or reports that I must submit? 

(a) Yes. You must submit notifications 

as provided by § 60.7. 

(b) If you cease combusting solid 

waste but continue to operate, you must 

provide 30 days prior notice of the 

effective date of the waste-to-fuel 

switch, consistent with § 60.2710(a). 

The notification must identify: 

(1) The name of the owner or operator 

of the CISWI unit, the location of the 

source, the emissions unit(s) that will 

cease burning solid waste, and the date 

of the notice; 

(2) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

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

and solid waste(s) the CISWI unit is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(4) The date on which you became 

subject to the currently applicable 

emission limits; 

(5) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

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

§ 60.2795 In what form can I submit my 

reports? 

(a) Submit initial, annual and 

deviation reports electronically on or 

before the submittal due dates. Submit 

the reports to the EPA via the 

Compliance and Emissions Data 

Reporting Interface (CEDRI). (CEDRI can 

be accessed through the EPA’s Central 

Data Exchange (CDX) (http://

cdx.epa.gov/epa_home.asp).) Use the 

appropriate electronic report in CEDRI 

for this subpart. Instead of using the 

electronic report in CEDRI for this 

subpart, you may submit an alternate 

electronic file format consistent with the 

extensible markup language (XML) 

schema listed on the CEDRI Web site 

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

index.html), once the XML schema is 

available. If the reporting form specific 

to this subpart is not available in CEDRI 

at the time that the report is due, submit 

the report to the Administrator at the 

appropriate address listed in § 60.4. 

Begin submitting reports via CEDRI no 

later than 90 days after the form 

becomes available in CEDRI. The reports 

must be submitted by the deadlines 

specified in this subpart, regardless of 

the method in which the report is 

submitted. 

(b) Submit results of each 

performance test and CEMS 

performance evaluation required by this 

subpart as follows. 

(1) Within 60 days after the date of 

completing each performance test (see 

§ 60.8), submit the results of the 

performance test following the 

procedure specified in either paragraph 

(b)(1)(i) or (b)(1)(ii) of this section. 

(i) For data collected using test 

methods supported by the EPA’s 

Electronic Reporting Tool (ERT) as 

listed on the EPA’s ERT Web site 

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

index.html) at the time of the test, 

submit the results of the performance 

test to the EPA via the CEDRI. (CEDRI 

can be accessed through the EPA’s 

CDX.) Performance test data must be 

submitted in a file format generated 

through the use of the EPA’s ERT. 

Instead of submitting performance test 


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data in a file format generated through 

the use of the EPA’s ERT, you may 

submit an alternate electronic file 

format consistent with the XML schema 

listed on the EPA’s ERT Web site, once 

the XML schema is available. If you 

claim that some of the performance test 

information being submitted is 

confidential business information (CBI), 

submit a complete file generated 

through the use of the EPA’s ERT (or an 

alternate electronic file consistent with 

the XML schema listed on the EPA’s 

ERT Web site once the XML schema is 

available), including information 

claimed to be CBI, on a compact disc, 

flash drive, or other commonly used 

electronic storage media to the EPA. The 

electronic media must be clearly marked 

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

CORE CBI Office, Attention: Group 

Leader, Measurement Policy Group, MD 

C404–02, 4930 Old Page Road, Durham, 

NC 27703. The same ERT or alternate 

file with the CBI omitted must be 

submitted to the EPA via the EPA’s CDX 

as described earlier in this paragraph. 

(ii) For data collected using test 

methods that are not supported by the 

EPA’s ERT as listed on the EPA’s ERT 

Web site at the time of the test, submit 

the results of the performance test to the 

Administrator at the appropriate 

address listed in § 60.4. 

(2) Within 60 days after the date of 

completing each CEMS performance 

evaluation, submit the results of the 

performance evaluation following the 

procedure specified in either paragraph 

(b)(2)(i) or (b)(2)(ii) of this section. 

(i) For performance evaluations of 

continuous monitoring systems 

measuring relative accuracy test audit 

(RATA) pollutants that are supported by 

the EPA’s ERT as listed on the EPA’s 

ERT Web site at the time of the test, 

submit the results of the performance 

evaluation to the EPA via the CEDRI. 

(CEDRI can be accessed through the 

EPA’s CDX.) Performance evaluation 

data must be submitted in a file format 

generated through the use of the EPA’s 

ERT. Instead of submitting performance 

evaluation data in a file format 

generated through the use of the EPA’s 

ERT, you may submit an alternate 

electronic file format consistent with the 

XML schema listed on the EPA’s ERT 

Web site, once the XML schema is 

available. If you claim that some of the 

performance evaluation information 

being submitted is CBI, submit a 

complete file generated through the use 

of the EPA’s ERT (or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT Web 

site once the XML schema is available), 

including information claimed to be 

CBI, on a compact disc, flash drive, or 

other commonly used electronic storage 

media to the EPA. The electronic media 

must be clearly marked as CBI and 

mailed to U.S. EPA/OAQPS/CORE CBI 

Office, Attention: Group Leader, 

Measurement Policy Group, MD C404– 

02, 4930 Old Page Road, Durham, NC 

27703. The same ERT or alternate file 

with the CBI omitted must be submitted 

to the EPA via the EPA’s CDX as 

described earlier in this paragraph. 

(ii) For any performance evaluations 

of continuous monitoring systems 

measuring RATA pollutants that are not 

supported by the EPA’s ERT as listed on 

the EPA’s ERT Web site at the time of 

the test, submit the results of the 

performance evaluation to the 

Administrator at the appropriate 

address listed in § 60.4. 

(c) All information required in this 

subpart to be submitted to the EPA must 

also be submitted in paper format to the 

appropriate state, local or tribal agency 

unless the state, local or tribal agency 

specifies another format. Information 

submitted in paper format must be 

postmarked no later than the date that 

the report is required to be submitted to 

the EPA’s CDX electronically. Any 

information required to be submitted 

electronically to the EPA’s CDX may, at 

the discretion of the state, local or tribal 

agency, satisfy the requirements of this 

paragraph. 

§ 60.2800 Can reporting dates be 

changed? 

If the Administrator agrees, you may 

change the semiannual or annual 

reporting dates. See § 60.19(c) for 

procedures to seek approval to change 

your reporting date. 

Model Rule—Title V Operating Permits 

§ 60.2805 Am I required to apply for and 

obtain a Title V operating permit for my 

unit? 

Yes. Each CISWI unit and air curtain 

incinerator subject to standards under 

this subpart must operate pursuant to a 

permit issued under Clean Air Act 

sections 129(e) and Title V. 

Model Rule—Air Curtain Incinerators 

§ 60.2810 What is an air curtain 

incinerator? 

(a) An air curtain incinerator operates 

by forcefully projecting a curtain of air 

across an open chamber or open pit in 

which combustion occurs. Incinerators 

of this type can be constructed above or 

below ground and with or without 

refractory walls and floor. (Air curtain 

incinerators are not to be confused with 

conventional combustion devices with 

enclosed fireboxes and controlled air 

technology such as mass burn, modular, 

and fluidized bed combustors.) 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (3) of this section are only 

required to meet the requirements under 

§ 60.2805 and under ‘‘Air Curtain 

Incinerators’’ (§§ 60.2810 through 

60.2870). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

§ 60.2815 What are my requirements for 

meeting increments of progress and 

achieving final compliance? 

If you plan to achieve compliance 

more than 1 year following the effective 

date of state plan approval, you must 

meet the two increments of progress 

specified in paragraphs (a) and (b) of 

this section. 

(a) Submit a final control plan. 

(b) Achieve final compliance. 

§ 60.2820 When must I complete each 

increment of progress? 

Table 1 of this subpart specifies 

compliance dates for each of the 

increments of progress. 

§ 60.2825 What must I include in the 

notifications of achievement of increments 

of progress? 

Your notification of achievement of 

increments of progress must include the 

three items described in paragraphs (a) 

through (c) of this section. 

(a) Notification that the increment of 

progress has been achieved. 

(b) Any items required to be 

submitted with each increment of 

progress (see § 60.2840). 

(c) Signature of the owner or operator 

of the incinerator. 

§ 60.2830 When must I submit the 

notifications of achievement of increments 

of progress? 

Notifications for achieving increments 

of progress must be postmarked no later 

than 10 business days after the 

compliance date for the increment. 

§ 60.2835 What if I do not meet an 

increment of progress? 

If you fail to meet an increment of 

progress, you must submit a notification 

to the Administrator postmarked within 

10 business days after the date for that 

increment of progress in table 1 of this 

subpart. You must inform the 

Administrator that you did not meet the 

increment, and you must continue to 

submit reports each subsequent 

calendar month until the increment of 

progress is met. 

§ 60.2840 How do I comply with the 

increment of progress for submittal of a 

control plan? 

For your control plan increment of 

progress, you must satisfy the two 


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requirements specified in paragraphs (a) 

and (b) of this section. 

(a) Submit the final control plan, 

including a description of any devices 

for air pollution control and any process 

changes that you will use to comply 

with the emission limitations and other 

requirements of this subpart. 

(b) Maintain an onsite copy of the 

final control plan. 

§ 60.2845 How do I comply with the 

increment of progress for achieving final 

compliance? 

For the final compliance increment of 

progress, you must complete all process 

changes and retrofit construction of 

control devices, as specified in the final 

control plan, so that, if the affected 

incinerator is brought online, all 

necessary process changes and air 

pollution control devices would operate 

as designed. 

§ 60.2850 What must I do if I close my air 

curtain incinerator and then restart it? 

(a) If you close your incinerator but 

will reopen it prior to the final 

compliance date in your state plan, you 

must meet the increments of progress 

specified in § 60.2815. 

(b) If you close your incinerator but 

will restart it after your final compliance 

date, you must complete emission 

control retrofits and meet the emission 

limitations on the date your incinerator 

restarts operation. 

§ 60.2855 What must I do if I plan to 

permanently close my air curtain 

incinerator and not restart it? 

If you plan to close your incinerator 

rather than comply with the state plan, 

submit a closure notification, including 

the date of closure, to the Administrator 

by the date your final control plan is 

due. 

§ 60.2860 What are the emission 

limitations for air curtain incinerators? 

After the date the initial stack test is 

required or completed (whichever is 

earlier), you must meet the limitations 

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

(a) Maintain opacity to less than or 

equal to 10 percent opacity (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values), except as 

described in paragraph (b) of this 

section. 

(b) Maintain opacity to less than or 

equal to 35 percent opacity (as 

determined by the average of three 1- 

hour blocks consisting of ten 6-minute 

average opacity values) during the 

startup period that is within the first 30 

minutes of operation. 

§ 60.2865 How must I monitor opacity for 

air curtain incinerators? 

(a) Use Method 9 of appendix A of 

this part to determine compliance with 

the opacity limitation. 

(b) Conduct an initial test for opacity 

as specified in § 60.8 no later than 180 

days after your final compliance date. 

(c) After the initial test for opacity, 

conduct annual tests no more than 12 

calendar months following the date of 

your previous test. 

§ 60.2870 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

(a) Keep records of results of all initial 

and annual opacity tests onsite in either 

paper copy or electronic format, unless 

the Administrator approves another 

format, for at least 5 years. 

(b) Make all records available for 

submittal to the Administrator or for an 

inspector’s onsite review. 

(c) Submit an initial report no later 

than 60 days following the initial 

opacity test that includes the 

information specified in paragraphs (c) 

(1) and (2) of this section. 

(1) The types of materials you plan to 

combust in your air curtain incinerator. 

(2) The results (as determined by the 

average of three 1-hour blocks 

consisting of ten 6-minute average 

opacity values) of the initial opacity 

tests. 

(d) Submit annual opacity test results 

within 12 months following the 

previous report. 

(e) Submit initial and annual opacity 

test reports as electronic or paper copy 

on or before the applicable submittal 

date and keep a copy onsite for a period 

of 5 years. 

Model Rule—Definitions 

§ 60.2875 What definitions must I know? 

Terms used but not defined in this 

subpart are defined in the Clean Air Act 

and subparts A and B of this part. 

30-day rolling average means the 

arithmetic mean of the previous 720 

hours of valid operating data. Valid data 

excludes periods when this unit is not 

operating. The 720 hours should be 

consecutive, but not necessarily 

continuous if operations are 

intermittent. 

Administrator means the 

Administrator of the U.S. 

Environmental Protection Agency or 

his/her authorized representative or 

Administrator of a State Air Pollution 

Control Agency. 

Agricultural waste means vegetative 

agricultural materials such as nut and 

grain hulls and chaff (e.g., almond, 

walnut, peanut, rice, and wheat), 

bagasse, orchard prunings, corn stalks, 

coffee bean hulls and grounds, and 

other vegetative waste materials 

generated as a result of agricultural 

operations. 

Air curtain incinerator means an 

incinerator that operates by forcefully 

projecting a curtain of air across an open 

chamber or pit in which combustion 

occurs. Incinerators of this type can be 

constructed above or below ground and 

with or without refractory walls and 

floor. (Air curtain incinerators are not to 

be confused with conventional 

combustion devices with enclosed 

fireboxes and controlled air technology 

such as mass burn, modular, and 

fluidized bed combustors.) 

Annual heat input means the heat 

input for the 12 months preceding the 

compliance demonstration. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Average annual heat input rate means 

annual heat input divided by the hours 

of operation for the 12 months 

preceding the compliance 

demonstration. 

Bag leak detection system means an 

instrument that is capable of monitoring 

particulate matter loadings in the 

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

in order to detect bag failures. A bag 

leak detection system includes, but is 

not limited to, an instrument that 

operates on triboelectric, light 

scattering, light transmittance, or other 

principle to monitor relative particulate 

matter loadings. 

Burn-off oven means any rack 

reclamation unit, part reclamation unit, 

or drum reclamation unit. A burn-off 

oven is not an incinerator, wasteburning kiln, an energy recovery unit or 

a small, remote incinerator under this 

subpart. 

Bypass stack means a device used for 

discharging combustion gases to avoid 

severe damage to the air pollution 

control device or other equipment. 

Calendar quarter means three 

consecutive months (nonoverlapping) 

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

or October 1. 

Calendar year means 365 consecutive 

days starting on January 1 and ending 

on December 31. 

CEMS data during startup and 

shutdown means the following: 

(1) For incinerators, small remote 

incinerators, and energy recovery units: 

CEMS data collected during the first 

hours of operation of a CISWI unit 

startup from a cold start until waste is 

fed into the unit and the hours of 

operation following the cessation of 

waste material being fed to the CISWI 

unit during a unit shutdown. For each 

startup event, the length of time that 


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CEMS data may be claimed as being 

CEMS data during startup must be 48 

operating hours or less. For each 

shutdown event, the length of time that 

CEMS data may be claimed as being 

CEMS data during shutdown must be 24 

operating hours or less. 

(2) For waste-burning kilns: CEMS 

data collected during the periods of kiln 

operation that do not include normal 

operations. Startup begins when the 

kiln’s induced fan is turned on and 

continues until continuous feed is 

introduced into the kiln, at which time 

the kiln is in normal operating mode. 

Shutdown begins when feed to the kiln 

is halted. 

Chemical recovery unit means 

combustion units burning materials to 

recover chemical constituents or to 

produce chemical compounds where 

there is an existing commercial market 

for such recovered chemical 

constituents or compounds. A chemical 

recovery unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. The following seven 

types of units are considered chemical 

recovery units: 

(1) Units burning only pulping liquors 

(i.e., black liquor) that are reclaimed in 

a pulping liquor recovery process and 

reused in the pulping process. 

(2) Units burning only spent sulfuric 

acid used to produce virgin sulfuric 

acid. 

(3) Units burning only wood or coal 

feedstock for the production of charcoal. 

(4) Units burning only manufacturing 

byproduct streams/residue containing 

catalyst metals that are reclaimed and 

reused as catalysts or used to produce 

commercial grade catalysts. 

(5) Units burning only coke to 

produce purified carbon monoxide that 

is used as an intermediate in the 

production of other chemical 

compounds. 

(6) Units burning only hydrocarbon 

liquids or solids to produce hydrogen, 

carbon monoxide, synthesis gas, or 

other gases for use in other 

manufacturing processes. 

(7) Units burning only photographic 

film to recover silver. 

Chemotherapeutic waste means waste 

material resulting from the production 

or use of antineoplastic agents used for 

the purpose of stopping or reversing the 

growth of malignant cells. 

Clean lumber means wood or wood 

products that have been cut or shaped 

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

does not include wood products that 

have been painted, pigment-stained, or 

pressure-treated by compounds such as 

chromate copper arsenate, 

pentachlorophenol, and creosote. 

Commercial and industrial solid 

waste incineration (CISWI) unit means 

any distinct operating unit of any 

commercial or industrial facility that 

combusts, or has combusted in the 

preceding 6 months, any solid waste as 

that term is defined in 40 CFR part 241. 

If the operating unit burns materials 

other than traditional fuels as defined in 

§ 241.2 that have been discarded, and 

you do not keep and produce records as 

required by § 60.2740(u), the operating 

unit is a CISWI unit. While not all 

CISWI units will include all of the 

following components, a CISWI unit 

includes, but is not limited to, the solid 

waste feed system, grate system, flue gas 

system, waste heat recovery equipment, 

if any, and bottom ash system. The 

CISWI unit does not include air 

pollution control equipment or the 

stack. The CISWI unit boundary starts at 

the solid waste hopper (if applicable) 

and extends through two areas: The 

combustion unit flue gas system, which 

ends immediately after the last 

combustion chamber or after the waste 

heat recovery equipment, if any; and the 

combustion unit bottom ash system, 

which ends at the truck loading station 

or similar equipment that transfers the 

ash to final disposal. The CISWI unit 

includes all ash handling systems 

connected to the bottom ash handling 

system. 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system (CEMS) means the total 

equipment that may be required to meet 

the data acquisition and availability 

requirements of this subpart, used to 

sample, condition (if applicable), 

analyze, and provide a record of 

emissions. 

Continuous monitoring system (CMS) 

means the total equipment, required 

under the emission monitoring sections 

in applicable subparts, used to sample 

and condition (if applicable), to analyze, 

and to provide a permanent record of 

emissions or process parameters. A 

particulate matter continuous parameter 

monitoring system (PM CPMS) is a type 

of CMS. 

Cyclonic burn barrel means a 

combustion device for waste materials 

that is attached to a 55 gallon, openhead drum. The device consists of a lid, 

which fits onto and encloses the drum, 

and a blower that forces combustion air 

into the drum in a cyclonic manner to 

enhance the mixing of waste material 

and air. A cyclonic burn barrel is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Deviation means any instance in 

which an affected source subject to this 

subpart, or an owner or operator of such 

a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emission limitation, operating limit, or 

operator qualification and accessibility 

requirements. 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any affected source required 

to obtain such a permit. 

Dioxins/furans means tetra-through 

octachlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Discard means, for purposes of this 

subpart and 40 CFR part 60, subpart 

DDDD, only, burned in an incineration 

unit without energy recovery. 

Drum reclamation unit means a unit 

that burns residues out of drums (e.g., 

55 gallon drums) so that the drums can 

be reused. 

Dry scrubber means an add-on air 

pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react 

with and neutralize acid gas in the 

exhaust stream forming a dry powder 

material. Sorbent injection systems in 

fluidized bed boilers and process 

heaters are included in this definition. 

A dry scrubber is a dry control system. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

Energy recovery unit means a 

combustion unit combusting solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) for 

energy recovery. Energy recovery units 

include units that would be considered 

boilers and process heaters if they did 

not combust solid waste. 

Energy recovery unit designed to burn 

biomass (Biomass) means an energy 

recovery unit that burns solid waste, 

biomass, and non-coal solid materials 

but less than 10 percent coal, on a heat 

input basis on an annual average, either 

alone or in combination with liquid 

waste, liquid fuel or gaseous fuels. 

Energy recovery unit designed to burn 

coal (Coal) means an energy recovery 

unit that burns solid waste and at least 

10 percent coal on a heat input basis on 

an annual average, either alone or in 

combination with liquid waste, liquid 

fuel or gaseous fuels. 

Energy recovery unit designed to burn 

liquid waste materials and gas (Liquid/ 

gas) means an energy recovery unit that 


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burns a liquid waste with liquid or 

gaseous fuels not combined with any 

solid fuel or waste materials. 

Energy recovery unit designed to burn 

solid materials (Solids) includes energy 

recovery units designed to burn coal 

and energy recovery units designed to 

burn biomass 

Fabric filter means an add-on air 

pollution control device used to capture 

particulate matter by filtering gas 

streams through filter media, also 

known as a baghouse. 

Foundry sand thermal reclamation 

unit means a type of part reclamation 

unit that removes coatings that are on 

foundry sand. A foundry sand thermal 

reclamation unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Incinerator means any furnace used in 

the process of combusting solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) for 

the purpose of reducing the volume of 

the waste by removing combustible 

matter. Incinerator designs include 

single chamber and two-chamber. 

In-line coal mill means those coal 

mills using kiln exhaust gases in their 

process. Coal mills with a heat source 

other than the kiln or coal mills using 

exhaust gases from the clinker cooler 

alone are not an in-line coal mill. 

In-line kiln/raw mill means a system 

in a Portland Cement production 

process where a dry kiln system is 

integrated with the raw mill so that all 

or a portion of the kiln exhaust gases are 

used to perform the drying operation of 

the raw mill, with no auxiliary heat 

source used. In this system the kiln is 

capable of operating without the raw 

mill operating, but the raw mill cannot 

operate without the kiln gases, and 

consequently, the raw mill does not 

generate a separate exhaust gas stream. 

Kiln means an oven or furnace, 

including any associated preheater or 

precalciner devices, in-line raw mills, 

in-line coal mills or alkali bypasses used 

for processing a substance by burning, 

firing or drying. Kilns include cement 

kilns that produce clinker by heating 

limestone and other materials for 

subsequent production of Portland 

Cement. Because the alkali bypass, inline raw mill and in-line coal mill are 

considered an integral part of the kiln, 

the kiln emissions limits also apply to 

the exhaust of the alkali bypass, in-line 

raw mill and in-line coal mill. 

Laboratory analysis unit means units 

that burn samples of materials for the 

purpose of chemical or physical 

analysis. A laboratory analysis unit is 

not an incinerator, waste-burning kiln, 

an energy recovery unit or a small, 

remote incinerator under this subpart. 

Load fraction means the actual heat 

input of an energy recovery unit divided 

by heat input during the performance 

test that established the minimum 

sorbent injection rate or minimum 

activated carbon injection rate, 

expressed as a fraction (e.g., for 50 

percent load the load fraction is 0.5). 

Low-level radioactive waste means 

waste material which contains 

radioactive nuclides emitting primarily 

beta or gamma radiation, or both, in 

concentrations or quantities that exceed 

applicable federal or state standards for 

unrestricted release. Low-level 

radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or 

by-product material as defined by the 

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

2014(e)(2)). 

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control equipment, process equipment, 

or a process to operate in a normal or 

usual manner. Failures that are caused, 

in part, by poor maintenance or careless 

operation are not malfunctions. 

Minimum voltage or amperage means 

90 percent of the lowest test-run average 

voltage or amperage to the electrostatic 

precipitator measured during the most 

recent particulate matter or mercury 

performance test demonstrating 

compliance with the applicable 

emission limits. 

Modification or modified CISWI unit 

means a CISWI unit that has been 

changed later than August 7, 2013, and 

that meets one of two criteria: 

(1) The cumulative cost of the changes 

over the life of the unit exceeds 50 

percent of the original cost of building 

and installing the CISWI unit (not 

including the cost of land) updated to 

current costs (current dollars). To 

determine what systems are within the 

boundary of the CISWI unit used to 

calculate these costs, see the definition 

of CISWI unit. 

(2) Any physical change in the CISWI 

unit or change in the method of 

operating it that increases the amount of 

any air pollutant emitted for which 

section 129 or section 111 of the Clean 

Air Act has established standards. 

Municipal solid waste or municipaltype solid waste means household, 

commercial/retail, or institutional 

waste. Household waste includes 

material discarded by residential 

dwellings, hotels, motels, and other 

similar permanent or temporary 

housing. Commercial/retail waste 

includes material discarded by stores, 

offices, restaurants, warehouses, 

nonmanufacturing activities at 

industrial facilities, and other similar 

establishments or facilities. Institutional 

waste includes materials discarded by 

schools, by hospitals (nonmedical), by 

nonmanufacturing activities at prisons 

and government facilities, and other 

similar establishments or facilities. 

Household, commercial/retail, and 

institutional waste does include yard 

waste and refuse-derived fuel. 

Household, commercial/retail, and 

institutional waste does not include 

used oil; sewage sludge; wood pallets; 

construction, renovation, and 

demolition wastes (which include 

railroad ties and telephone poles); clean 

wood; industrial process or 

manufacturing wastes; medical waste; or 

motor vehicles (including motor vehicle 

parts or vehicle fluff). 

Opacity means the degree to which 

emissions reduce the transmission of 

light and obscure the view of an object 

in the background. 

Operating day means a 24-hour 

period between 12:00 midnight and the 

following midnight during which any 

amount of solid waste is combusted at 

any time in the CISWI unit. 

Oxygen analyzer system means all 

equipment required to determine the 

oxygen content of a gas stream and used 

to monitor oxygen in the boiler or 

process heater flue gas, boiler/process 

heater, firebox, or other appropriate 

location. This definition includes 

oxygen trim systems and certified 

oxygen CEMS. The source owner or 

operator is responsible to install, 

calibrate, maintain, and operate the 

oxygen analyzer system in accordance 

with the manufacturer’s 

recommendations. 

Oxygen trim system means a system of 

monitors that is used to maintain excess 

air at the desired level in a combustion 

device over its operating range. A 

typical system consists of a flue gas 

oxygen and/or carbon monoxide 

monitor that automatically provides a 

feedback signal to the combustion air 

controller or draft controller. 

Part reclamation unit means a unit 

that burns coatings off parts (e.g., tools, 

equipment) so that the parts can be 

reconditioned and reused. 

Particulate matter means total 

particulate matter emitted from CISWI 

units as measured by Method 5 or 

Method 29 of appendix A of this part. 

Pathological waste means waste 

material consisting of only human or 

animal remains, anatomical parts, and/ 

or tissue, the bags/containers used to 

collect and transport the waste material, 

and animal bedding (if applicable). 

Performance evaluation means the 

conduct of relative accuracy testing, 

calibration error testing, and other 


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measurements used in validating the 

continuous monitoring system data. 

Performance test means the collection 

of data resulting from the execution of 

a test method (usually three emission 

test runs) used to demonstrate 

compliance with a relevant emission 

standard as specified in the performance 

test section of the relevant standard. 

Process change means any of the 

following physical or operational 

changes: 

(1) A physical change (maintenance 

activities excluded) to the CISWI unit 

which may increase the emission rate of 

any air pollutant to which a standard 

applies; 

(2) An operational change to the 

CISWI unit where a new type of nonhazardous secondary material is being 

combusted; 

(3) A physical change (maintenance 

activities excluded) to the air pollution 

control devices used to comply with the 

emission limits for the CISWI unit (e.g., 

replacing an electrostatic precipitator 

with a fabric filter); 

(4) An operational change to the air 

pollution control devices used to 

comply with the emission limits for the 

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

sorbent injection rate used for activated 

carbon injection). 

Rack reclamation unit means a unit 

that burns the coatings off racks used to 

hold small items for application of a 

coating. The unit burns the coating 

overspray off the rack so the rack can be 

reused. 

Raw mill means a ball or tube mill, 

vertical roller mill or other size 

reduction equipment, that is not part of 

an in-line kiln/raw mill, used to grind 

feed to the appropriate size. Moisture 

may be added or removed from the feed 

during the grinding operation. If the raw 

mill is used to remove moisture from 

feed materials, it is also, by definition, 

a raw material dryer. The raw mill also 

includes the air separator associated 

with the raw mill. 

Reconstruction means rebuilding a 

CISWI unit and meeting two criteria: 

(1) The reconstruction begins on or 

after August 7, 2013. 

(2) The cumulative cost of the 

construction over the life of the 

incineration unit exceeds 50 percent of 

the original cost of building and 

installing the CISWI unit (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the CISWI unit 

used to calculate these costs, see the 

definition of CISWI unit. 

Refuse-derived fuel means a type of 

municipal solid waste produced by 

processing municipal solid waste 

through shredding and size 

classification. This includes all classes 

of refuse-derived fuel including two 

fuels: 

(1) Low-density fluff refuse-derived 

fuel through densified refuse-derived 

fuel. 

(2) Pelletized refuse-derived fuel. 

Responsible official means one of the 

following: 

(1) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is responsible for the 

overall operation of one or more 

manufacturing, production, or operating 

facilities applying for or subject to a 

permit and either: 

(i) The facilities employ more than 

250 persons or have gross annual sales 

or expenditures exceeding $25 million 

(in second quarter 1980 dollars); or 

(ii) The delegation of authority to 

such representatives is approved in 

advance by the permitting authority; 

(2) For a partnership or sole 

proprietorship: a general partner or the 

proprietor, respectively; 

(3) For a municipality, state, federal, 

or other public agency: Either a 

principal executive officer or ranking 

elected official. For the purposes of this 

part, a principal executive officer of a 

Federal agency includes the chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency (e.g., a 

Regional Administrator of EPA); or 

(4) For affected facilities: 

(i) The designated representative in so 

far as actions, standards, requirements, 

or prohibitions under Title IV of the 

Clean Air Act or the regulations 

promulgated thereunder are concerned; 

or 

(ii) The designated representative for 

any other purposes under part 60. 

Shutdown means the period of time 

after all waste has been combusted in 

the primary chamber. 

Small, remote incinerator means an 

incinerator that combusts solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) and 

combusts 3 tons per day or less solid 

waste and is more than 25 miles driving 

distance to the nearest municipal solid 

waste landfill. 

Soil treatment unit means a unit that 

thermally treats petroleumcontaminated soils for the sole purpose 

of site remediation. A soil treatment 

unit may be direct-fired or indirect 

fired. A soil treatment unit is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Solid waste means the term solid 

waste as defined in 40 CFR 241.2. 

Solid waste incineration unit means a 

distinct operating unit of any facility 

which combusts any solid waste (as that 

term is defined by the Administrator in 

40 CFR part 241) material from 

commercial or industrial establishments 

or the general public (including single 

and multiple residences, hotels and 

motels). Such term does not include 

incinerators or other units required to 

have a permit under section 3005 of the 

Solid Waste Disposal Act. The term 

‘‘solid waste incineration unit’’ does not 

include: 

(1) Materials recovery facilities 

(including primary or secondary 

smelters) which combust waste for the 

primary purpose of recovering metals; 

(2) Qualifying small power 

production facilities, as defined in 

section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 769(17)(C)), or qualifying 

cogeneration facilities, as defined in 

section 3(18)(B) of the Federal Power 

Act (16 U.S.C. 796(18)(B)), which burn 

homogeneous waste (such as units 

which burn tires or used oil, but not 

including refuse-derived fuel) for the 

production of electric energy or in the 

case of qualifying cogeneration facilities 

which burn homogeneous waste for the 

production of electric energy and steam 

or forms of useful energy (such as heat) 

which are used for industrial, 

commercial, heating or cooling 

purposes; or 

(3) Air curtain incinerators provided 

that such incinerators only burn wood 

wastes, yard wastes and clean lumber 

and that such air curtain incinerators 

comply with opacity limitations to be 

established by the Administrator by 

rule. 

Space heater means a unit that meets 

the requirements of 40 CFR 279.23. A 

space heater is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Standard conditions, when referring 

to units of measure, means a 

temperature of 68 °F (20 °C) and a 

pressure of 1 atmosphere (101.3 

kilopascals). 

Startup period means the period of 

time between the activation of the 

system and the first charge to the unit. 

Waste-burning kiln means a kiln that 

is heated, in whole or in part, by 

combusting solid waste (as the term is 

defined by the Administrator in 40 CFR 

part 241). Secondary materials used in 

Portland cement kilns shall not be 

deemed to be combusted unless they are 

introduced into the flame zone in the 


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hot end of the kiln or mixed with the 

precalciner fuel. 

Wet scrubber means an add-on air 

pollution control device that uses an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

Wood waste means untreated wood 

and untreated wood products, including 

tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, 

sawdust, chips, scraps, slabs, millings, 

and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, 

shrubs, and clippings from bushes and 

shrubs from residential, commercial/

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. 

(2) Construction, renovation, or 

demolition wastes. 

(3) Clean lumber. 

TABLE 1 TO SUBPART DDDD OF PART

60—MODEL RULE—INCREMENTS OF

PROGRESS AND COMPLIANCE

SCHEDULES

Comply with these increments of progress By these dates a

Increment 1—Submit 

final control plan.

(Dates to be specified in state plan). 

TABLE 1 TO SUBPART DDDD OF PART

60—MODEL RULE—INCREMENTS OF

PROGRESS AND COMPLIANCE

SCHEDULES—Continued 

Comply with these increments of progress By these dates a

Increment 2—Final 

compliance.

(Dates to be specified in state plan).b

aSite-specific schedules can be used at the 

discretion of the state. bThe date can be no later than 3 years after 

the effective date of state plan approval or December 1, 2005 for CISWI units that commenced construction on or before November 

30, 1999. The date can be no later than 3 

years after the effective date of approval of a 

revised state plan or February 7, 2018, for 

CISWI units that commenced construction on 

or before June 4, 2010. 

TABLE 2 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS

BEFORE [DATE TO BE SPECIFIED IN STATE PLAN] b

For the air pollutant You must meet this emission 

limitation a Using this averaging time And determining compliance using this 

method 

Cadmium ............... 0.004 milligrams per dry standard 

cubic meter.

3-run average (1 hour minimum sample time per run).Performance test (Method 29 of appendix A of this part). 

Carbon monoxide .. 157 parts per million by dry volume ..... 3-run average (1 hour minimum sample time per run).Performance test (Method 10, 10A, or 

10B, of appendix A of this part). 

Dioxins/furans 

(toxic equivalency 

basis).

0.41 nanograms per dry standard cubic 

meter.

3-run average (1 hour minimum sample time per run).Performance test (Method 23 of appendix A of this part). 

Hydrogen chloride 62 parts per million by dry volume ....... 3-run average (For Method 26, collect 

a minimum volume of 120 liters per 

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

meter per run).

Performance test (Method 26 or 26A at 

40 CFR part 60, appendix A–8). 

Lead ....................... 0.04 milligrams per dry standard cubic 

meter.

3-run average (1 hour minimum sample time per run).Performance test (Method 29 of appendix A of this part). 

Mercury .................. 0.47 milligrams per dry standard cubic 

meter.

3-run average (1 hour minimum sample time per run).Performance test (Method 29 or 30B at 

40 CFR part 60, appendix A–8) or 

ASTM D6784–02 (Reapproved 

2008).c

Opacity ................... 10 percent ............................................. Three 1-hour blocks consisting of ten 

6-minute average opacity values.

Performance test (Method 9 at 40 CFR 

part 60, appendix A–4). 

Oxides of nitrogen 388 parts per million by dry volume ..... 3-run average (1 hour minimum sample time per run).Performance test (Methods 7 or 7E at 

40 CFR part 60, appendix A–4). 

Particulate matter .. 70 milligrams per dry standard cubic 

meter.

3-run average (1 hour minimum sample time per run).Performance test (Method 5 or 29 of 

appendix A of this part). 

Sulfur dioxide ......... 20 parts per million by dry volume ....... 3-run average (1 hour minimum sample time per run).Performance test (Method 6 or 6c of 

appendix A of this part). 

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

bApplies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior to June 4, 2010. The date specified 

in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. c Incorporated by reference, see § 60.17. 

TABLE 3 TO SUBPART DDDD OF PART 60—MODEL RULE—OPERATING LIMITS FOR WET SCRUBBERS

For these operating 

parameters 

You must establish 

these operating 

limits 

And monitor using these minimum frequencies 

Data measurement Data recording Averaging time 

Charge rate ............ Maximum charge 

rate.

Continuous ........... Every hour ........................................... Daily (batch units). 3-hour rolling (continuous and intermittent units) a

Pressure drop 

across the wet 

scrubber or amperage to wet 

scrubber.

Minimum pressure 

drop or amperage.

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

Scrubber liquor flow 

rate.

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


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TABLE 3 TO SUBPART DDDD OF PART 60—MODEL RULE—OPERATING LIMITS FOR WET SCRUBBERS—Continued 

For these operating 

parameters 

You must establish 

these operating 

limits 

And monitor using these minimum frequencies 

Data measurement Data recording Averaging time 

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

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

TABLE 4 TO SUBPART DDDD OF PART 60—MODEL RULE—TOXIC EQUIVALENCY FACTORS

Dioxin/furan isomer Toxic equivalency factor 

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

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ...................................................................................................................... 0 .5 

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin .................................................................................................................... 0 .1 

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin .................................................................................................................... 0 .1 

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin .................................................................................................................... 0 .1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin ................................................................................................................ 0 .01 

octachlorinated dibenzo-p-dioxin ....................................................................................................................................... 0 .001 

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

2,3,4,7,8-pentachlorinated dibenzofuran ........................................................................................................................... 0 .5 

1,2,3,7,8-pentachlorinated dibenzofuran ........................................................................................................................... 0 .05 

1,2,3,4,7,8-hexachlorinated dibenzofuran ......................................................................................................................... 0 .1 

1,2,3,6,7,8-hexachlorinated dibenzofuran ......................................................................................................................... 0 .1 

1,2,3,7,8,9-hexachlorinated dibenzofuran ......................................................................................................................... 0 .1 

2,3,4,6,7,8-hexachlorinated dibenzofuran ......................................................................................................................... 0 .1 

1,2,3,4,6,7,8-heptachlorinated dibenzofuran ..................................................................................................................... 0 .01 

1,2,3,4,7,8,9-heptachlorinated dibenzofuran ..................................................................................................................... 0 .01 

octachlorinated dibenzofuran ............................................................................................................................................. 0 .001 

TABLE 5 TO SUBPART DDDD OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS a

Report Due date Contents Reference 

Waste Management 

Plan.

No later than the date specified in table 1 for 

submittal of the final control plan.

• Waste management plan. § 60.2755. 

Initial Test Report ....... No later than 60 days following the initial 

performance test.

• Complete test report for the initial performance test.

• The values for the site-specific operating 

limits.

• Installation of bag leak detection systems 

for fabric filters.

§ 60.2760. 

Annual report .............. No later than 12 months following the submission of the initial test report. Subsequent reports are to be submitted no more 

than 12 months following the previous report.

• Name and address. 

• Statement and signature by responsible 

official. 

• Date of report. 

• Values for the operating limits. 

• Highest recorded 3-hour average and the 

lowest 3-hour average, as applicable, for 

each operating parameter recorded for the 

calendar year being reported.

• If a performance test was conducted during the reporting period, the results of the 

test.

• If a performance test was not conducted 

during the reporting period, a statement 

that the requirements of § 60.2720(a) were 

met.

• Documentation of periods when all qualified CISWI unit operators were unavailable 

for more than 8 hours but less than 2 

weeks.

• If you are conducting performance tests 

once every 3 years consistent with 

§ 60.2720(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in the last 2 performance tests to the 75 percent emission 

limit threshold required in § 60.2720(a) and 

a statement as to whether there have 

been any operational changes since the 

last performance test that could increase 

emissions.

§§ 60.2765 and 

60.2770. 


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3084 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

TABLE 5 TO SUBPART DDDD OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS a—Continued 

Report Due date Contents Reference 

Emission limitation or 

operating limit deviation report.

By August 1 of that year for data collected 

during the first half of the calendar year. 

By February 1 of the following year for 

data collected during the second half of 

the calendar year.

• Dates and times of deviation ......................

• Averaged and recorded data for those 

dates.

• Duration and causes of each deviation and 

the corrective actions taken.

• Copy of operating limit monitoring data 

and any test reports.

• Dates, times and causes for monitor 

downtime incidents.

§ 60.2775 and 60.2780. 

Qualified Operator Deviation Notification.Within 10 days of deviation. • Statement of cause of deviation .................

• Description of efforts to have an accessible qualified operator.

• The date a qualified operator will be accessible.

§ 60.2785(a)(1). 

Qualified Operator Deviation Status Report.Every 4 weeks following deviation ................. • Description of efforts to have an accessible qualified operator.

• The date a qualified operator will be accessible.

• Request for approval to continue operation 

§ 60.2785(a)(2). 

Qualified Operator Deviation Notification of 

Resumed Operation.

Prior to resuming operation. • Notification that you are resuming operation.§ 60.2785(b) 

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

TABLE 6 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND

AFTER

[Date to be specified in state plan] a

For the air pollutant You must meet this emission 

limitation b Using this averaging time And determining compliance using this 

method 

Cadmium ................... 0.0026 milligrams per dry 

standard cubic meter.

3-run average (collect a minimum volume 

of 2 dry standard cubic meters).

Performance test (Method 29 at 40 CFR 

part 60, appendix A–8). Use ICPMS for 

the analytical finish. 

Carbon monoxide ..... 17 parts per million dry volume.3-run average (1 hour minimum sample 

time per run).

Performance test (Method 10 at 40 CFR 

part 60, appendix A–4). 

Dioxins/furans (total 

mass basis).

4.6 nanograms per dry standard cubic meter.3-run average (collect a minimum volume 

of 2 dry standard cubic meters).

Performance test (Method 23 at 40 CFR 

part 60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

0.13 nanograms per dry 

standard cubic meter.

3-run average (collect a minimum volume 

of 2 dry standard cubic meters).

Performance test (Method 23 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ..... 29 parts per million dry volume.3-run average (For Method 26, collect a 

minimum volume of 60 liters per run. 

For Method 26A, collect a minimum volume of 1 dry standard cubic meter per 

run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead .......................... 0.015 milligrams per dry 

standard cubic meter. c.

3-run average (collect a minimum volume 

of 2 dry standard cubic meters).

Performance test (Method 29 at 40 CFR 

part 60, appendix A–8). Use ICPMS for 

the analytical finish. 

Mercury ..................... 0.0048 milligrams per dry 

standard cubic meter.

3-run average (For Method 29 an ASTM 

D6784–02 (Reapproved 2008) d, collect 

a minimum volume of 2 dry standard 

cubic meters per run. For Method 30B, 

collect a minimum sample as specified 

in Method 30B at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008). d

Oxides of nitrogen .... 53 parts per million dry volume.3-run average (for Method 7E, 1 hour minimum sample time per run).Performance test (Method 7 or 7E at 40 

CFR part 60, appendix A–4). 

Particulate matter filterable.34 milligrams per dry standard cubic meter.3-run average (collect a minimum volume 

of 1 dry standard cubic meter).

Performance test (Method 5 or 29 at 40 

CFR part 60, appendix A–3 or appendix 

A–8). 

Sulfur dioxide ............ 11 parts per million dry volume.3-run average (1 hour minimum sample 

time per run).

Performance test (Method 6 or 6c at 40 

CFR part 60, appendix A–4). 

Fugitive ash .............. Visible emissions for no more 

than 5% of the hourly observation period.

Three 1-hour observation periods .............. Visible emission test (Method 22 at 40 

CFR part 60, appendix A–7). 

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 

2018. bAll emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit. 


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Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 3085 

c If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years 

show that your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of the other provisions of § 60.2720 are met. 

For all other pollutants that do not contain a footnote ‘‘c’’, your performance tests for this pollutant for at least 2 consecutive years must show 

that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. d Incorporated by reference, see § 60.17. 

TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY

UNITS AFTER MAY 20, 2011 

[Date to be specified in state plan] a

For the air pollutant 

You must meet this emission 

limitation b

Using this averaging time And determining compliance using this method 

Liquid/gas Solids 

Cadmium ........................... 0.023 milligrams per dry 

standard cubic meter.

Biomass—0.0014 milligrams per dry standard 

cubic meter. Coal— 

0.0095 milligrams per 

dry standard cubic meter.

3-run average (collect a 

minimum volume of 2 

dry standard cubic meters).

Performance test (Method 

29 at 40 CFR part 60, 

appendix A–8). Use 

ICPMS for the analytical 

finish. 

Carbon monoxide .............. 35 parts per million dry 

volume.

Biomass—260 parts per 

million dry volume. 

Coal—95 parts per million dry volume.

3-run average (1 hour minimum sample time per 

run).

Performance test (Method 

10 at 40 CFR part 60, 

appendix A–4). 

Dioxins/furans (total mass 

basis).

2.9 nanograms per dry 

standard cubic meter.

Biomass—0.52 nanograms 

per dry standard cubic 

meter.c Coal—5.1 

nanograms per dry 

standard cubic meter.c.

3-run average (collect a 

minimum volume of 4 

dry standard cubic 

meter).

Performance test (Method 

23 at 40 CFR part 60, 

appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

0.32 nanograms per dry 

standard cubic meter.

Biomass—0.12 nanograms 

per dry standard cubic 

meter. Coal—0.075 

nanograms per dry 

standard cubic meter.c.

3-run average (collect a 

minimum volume of 4 

dry standard cubic meters).

Performance test (Method 

23 at 40 CFR part 60, 

appendix A–7). 

Hydrogen chloride ............. 14 parts per million dry 

volume.

Biomass—0.20 parts per 

million dry volume. 

Coal—13 parts per million dry volume.

3-run average (for Method 

26, collect a minimum of 

120 liters; for Method 

26A, collect a minimum 

volume of 1 dry standard cubic meter).

Performance test (Method 

26 or 26A at 40 CFR 

part 60, appendix A–8). 

Lead ................................... 0.096 milligrams per dry 

standard cubic meter.

Biomass—0.014 milligrams 

per dry standard cubic 

meter.c Coal—0.14 milligrams per dry standard 

cubic meter.c.

3-run average (collect a 

minimum volume of 2 

dry standard cubic meters).

Performance test (Method 

29 at 40 CFR part 60, 

appendix A–8). Use 

ICPMS for the analytical 

finish. 

Mercury .............................. 0.0024 milligrams per dry 

standard cubic meter.

Biomass—0.0022 milligrams per dry standard 

cubic meter. Coal— 

0.016 milligrams per dry 

standard cubic meter.

3-run average (For Method 

29 and ASTM D6784–02 

(Reapproved 2008) d, 

collect a minimum volume of 2 dry standard 

cubic meters per run. 

For Method 30B, collect 

a minimum sample as 

specified in Method 30B 

at 40 CFR part 60, appendix A).

Performance test (Method 

29 or 30B at 40 CFR 

part 60, appendix A–8) 

or ASTM D6784–02 

(Reapproved 2008) d. 

Oxides of nitrogen ............. 76 parts per million dry 

volume.

Biomass—290 parts per 

million dry volume. 

Coal—340 parts per million dry volume.

3-run average (for Method 

7E, 1 hour minimum 

sample time per run).

Performance test (Method 

7 or 7E at 40 CFR part 

60, appendix A–4). 

Particulate matter filterable 110 milligrams per dry 

standard cubic meter.

Biomass—11 milligrams 

per dry standard cubic 

meter. Coal—160 milligrams per dry standard 

cubic meter.

3-run average (collect a 

minimum volume of 1 

dry standard cubic 

meter).

Performance test (Method 

5 or 29 at 40 CFR part 

60, appendix A–3 or appendix A–8) if the unit 

has an annual average 

heat input rate less than 

or equal to 250 MMBtu/ 

hr; or PM CPMS (as 

specified in 

§ 60.2710(x)) if the unit 

has an annual average 

heat input rate greater 

than 250 MMBtu/hr. 


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3086 Federal Register / Vol. 80, No. 13 / Wednesday, January 21, 2015 / Proposed Rules 

TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY

UNITS AFTER MAY 20, 2011—Continued 

[Date to be specified in state plan] a

For the air pollutant 

You must meet this emission 

limitation b

Using this averaging time And determining compliance using this method 

Liquid/gas Solids 

Sulfur dioxide ..................... 720 parts per million dry 

volume.

Biomass—7.3 parts per 

million dry volume. 

Coal—650 parts per million dry volume.

3-run average (1 hour minimum sample time per 

run).

Performance test (Method 

6 or 6c at 40 CFR part 

60, appendix A–4). 

Fugitive ash ....................... Visible emissions for no 

more than 5 percent of 

the hourly observation 

period.

Visible emissions for no 

more than 5 percent of 

the hourly observation 

period.

Three 1-hour observation 

periods.

Visible emission test 

(Method 22 at 40 CFR 

part 60, appendix A–7). 

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 

2018. bAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must 

meet either the total mass basis limit or the toxic equivalency basis limit. c If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years 

show that your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of the other provisions of § 60.2720 are met. 

For all other pollutants that do not contain a footnote ‘‘c’’, your performance tests for this pollutant for at least 2 consecutive years must show 

that your emissions are at or below 75 percent of this limit in order to qualify for skip testing, with the exception of annual performance tests to 

certify a CEMS or PM CPMS. d Incorporated by reference, see § 60.17. 

TABLE 8 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING

KILNS AFTER MAY 20, 2011 

[Date to be specified in state plan] a

For the air pollutant You must meet this emission 

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

Cadmium ................... 0.0014 milligrams per dry 

standard cubic meterc.

3-run average (collect a minimum volume 

of 2 dry standard cubic meters).

Performance test (Method 29 at 40 CFR 

part 60, appendix A–8). 

Carbon monoxide ..... 110 (long kilns)/790 (preheater/precalciner) parts 

per million dry volume.

3-run average (1 hour minimum sample 

time per run).

Performance test (Method 10 at 40 CFR 

part 60, appendix A–4). 

Dioxins/furans (total 

mass basis).

1.3 nanograms per dry standard cubic meterc.3-run average (collect a minimum volume 

of 4 dry standard cubic meters).

Performance test (Method 23 at 40 CFR 

part 60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

0.075 nanograms per dry 

standard cubic meterc.

3-run average (collect a minimum volume 

of 4 dry standard cubic meters).

Performance test (Method 23 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ..... 3.0 parts per million dry volumec.3-run average (collect a minimum volume 

of 1 dry standard cubic meter) or 30-day 

rolling average if HCl CEMS is being 

used.

Performance test (Method 321 at 40 CFR 

part 63, appendix A of this part) or HCl 

CEMS if a wet scrubber or dry scrubber 

is not used. 

Lead .......................... 0.014 milligrams per dry 

standard cubic meterc.

3-run average (collect a minimum volume 

of 2 dry standard cubic meters).

Performance test (Method 29 at 40 CFR 

part 60, appendix A–8). 

Mercury ..................... 0.011 milligrams per dry 

standard cubic meter.

30-day rolling average ................................ Mercury CEMS or sorbent trap monitoring 

system (performance specification 12A 

or 12B, respectively, of appendix B of 

this part.) 

Oxides of nitrogen .... 630 parts per million dry volume.3-run average (for Method 7E, 1 hour minimum sample time per run).Performance test (Method 7 or 7E at 40 

CFR part 60, appendix A–4). 

Particulate matter filterable.4.6 milligrams per dry standard cubic meter.30-day rolling average ................................ PM CPMS (as specified in § 60.2710(x)) 

Sulfur dioxide ............ 600 parts per million dry volume.3-run average (for Method 6, collect a minimum of 20 liters; for Method 6C, 1 hour 

minimum sample time per run).

Performance test (Method 6 or 6c at 40 

CFR part 60, appendix A–4). 

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 

2018. bAll emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit. c If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years 

show that your emissions are at or below this limit, you can skip testing according to § 60.2720 if all of the other provisions of § 60.2720 are met. 

For all other pollutants that do not contain a footnote ‘‘c’’, your performance tests for this pollutant for at least 2 consecutive years must show 

that your emissions are at or below 75 percent of this limit in order to qualify for skip testing, with the exception of annual performance tests to 

certify a CEMS or PM CPMS. 


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TABLE 9 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE

INCINERATORS AFTER MAY 20, 2011 

[Date to be specified in state plan] a

For the air pollutant You must meet this emission 

limitation b Using this averaging time And determining compliance using this 

method 

Cadmium ................... 0.95 milligrams per dry standard cubic meter.3-run average (collect a minimum volume 

of 1 dry standard cubic meters per run).

Performance test (Method 29 at 40 CFR 

part 60, appendix A–8). 

Carbon monoxide ..... 64 parts per million dry volume.3-run average (1 hour minimum sample 

time per run).

Performance test (Method 10 at 40 CFR 

part 60, appendix A–4). 

Dioxins/furans (total 

mass basis).

4,400 nanograms per dry 

standard cubic meter b.

3-run average (collect a minimum volume 

of 1 dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR 

part 60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

180 nanograms per dry 

standard cubic meter b.

3-run average (collect a minimum volume 

of 1 dry standard cubic meters).

Performance test (Method 23 at 40 CFR 

part 60, appendix A–7). 

Fugitive ash .............. Visible emissions for no more 

than 5 percent of the hourly 

observation period.

Three 1-hour observation periods .............. Visible emissions test (Method 22 at 40 

CFR part 60, appendix A–7). 

Hydrogen chloride ..... 300 parts per million dry volume.3-run average (For Method 26, collect a 

minimum volume of 120 liters per run. 

For Method 26A, collect a minimum volume of 1 dry standard cubic meter per 

run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead .......................... 2.1 milligrams per dry standard cubic meter.3-run average (collect a minimum volume 

of 1 dry standard cubic meters).

Performance test (Method 29 at 40 CFR 

part 60, appendix A–8). Use ICPMS for 

the analytical finish. 

Mercury ..................... 0.0053 milligrams per dry 

standard cubic meter.

3-run average (For Method 29 and ASTM 

D6784–02 (Reapproved 2008),c collect 

a minimum volume of 2 dry standard 

cubic meters per run. For Method 30B, 

collect a minimum sample as specified 

in Method 30B at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).c

Oxides of nitrogen .... 190 parts per million dry volume.3-run average (for Method 7E, 1 hour minimum sample time per run).Performance test (Method 7 or 7E at 40 

CFR part 60, appendix A–4). 

Particulate matter (filterable).270 milligrams per dry standard cubic meter.3-run average (collect a minimum volume 

of 1 dry standard cubic meters).

Performance test (Method 5 or 29 at 40 

CFR part 60, appendix A–3 or appendix 

A–8). 

Sulfur dioxide ............ 150 parts per million dry volume.3-run average (for Method 6, collect a minimum of 20 liters per run; for Method 

6C, 1 hour minimum sample time per 

run).

Performance test (Method 6 or 6c at 40 

CFR part 60, appendix A–4). 

aThe date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 

2018. bAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must 

meet either the total mass basis limit or the toxic equivalency basis limit. c Incorporated by reference, see § 60.17. 

[FR Doc. 2014–29568 Filed 1–20–15; 8:45 am] 

BILLING CODE 6560–50–P 


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