Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004, 75816-75845 [E6-21285]
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Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–HQ–OAR–2006–0364; FRL–8254–9]
RIN 2060–AN43
Federal Plan Requirements for Other
Solid Waste Incineration Units
Constructed on or Before December 9,
2004
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: On December 16, 2005, the
EPA promulgated emission guidelines
(EG) for existing ‘‘other’’ solid waste
incineration (OSWI) units. Sections 111
and 129 of the Clean Air Act (CAA)
require States with existing OSWI units
subject to the EG to submit plans to the
EPA that implement and enforce the
emission guidelines. Indian Tribes may
submit, but are not required to submit,
Tribal plans to implement and enforce
the EG in Indian country. State plans are
due from States with OSWI units subject
to the EG on December 16, 2006. If a
State or Tribe with existing OSWI units
does not submit an approvable plan,
sections 111(d) and 129 of the CAA
require the EPA to develop, implement,
and enforce a Federal plan for OSWI
units located in that State or Tribal area
within 2 years after promulgation of the
EG (December 16, 2007). This action
proposes a Federal plan to implement
EG for OSWI units located in States and
Indian country without effective State or
Tribal plans. On the effective date of an
approved State or Tribal plan, the
Federal plan would no longer apply to
OSWI units covered by the State or
Tribal plan.
DATES: Comments must be received on
or before February 16, 2007.
Public Hearing. If anyone contacts
EPA by January 8, 2007 requesting to
speak at a public hearing, EPA will hold
a public hearing on January 22, 2007. If
you are interested in attending the
public hearing, contact Ms. Dorothy
Apple at (919) 541–4487 to verify that
a hearing will be held.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2006–0364, by one of the
following methods:
Web site: https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
E-mail: Send your comments via
electronic mail to a-and-rdocket@epa.gov. Attention: Docket ID
No. EPA–HQ–OAR–2006–0364.
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Mail: Send your comments to: EPA
Docket Center (EPA/DC), Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Attention
Docket ID No. EPA–HQ–OAR–2006–
0364. Please include a total of two
copies. 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
(EPA/DC), EPA West Building, Room
B108, 1301 Constitution Ave., NW.,
Washington, DC, 20460, Attention
Docket ID No. EPA–HQ–OAR–2006–
0364. Such deliveries are accepted only
during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays), and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2006–
0364. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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, EPA
recommends that you include your
name and other contact information in
the body of your comment with any disk
or CD–ROM you submit. If EPA cannot
read your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters, any form of encryption, and
be free of any defects or viruses.
Public Hearing: If a public hearing is
held, it will be held at EPA’s Campus
located at 109 T.W. Alexander Drive in
Research Triangle Park, NC, or an
alternate site nearby.
Docket: All documents in the docket
are listed in the https://
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www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA
West Building, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the EPA
Docket Center is (202) 566–1742.
Note: The EPA Docket Center suffered
damage due to flooding during the last week
of June 2006. The Docket Center is
continuing to operate. However, during the
cleanup, there will be temporary changes to
Docket Center telephone numbers, addresses,
and hours of operation for people who wish
to make hand deliveries or visit the Public
Reading Room to view documents. Consult
EPA’s Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at
https://www.epa.gov/epahome/dockets.htm
for current information on docket operations,
locations, and telephone numbers. The
Docket Center’s mailing address for U.S. mail
and the procedure for submitting comments
to www.regulations.gov are not affected by
the flooding and will remain the same.
For
information concerning specific aspects
of this proposal, contact Ms. Martha
Smith, Natural Resources and
Commerce Group, Sector Policies and
Programs Division (E143–03), U.S. EPA,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
2421; e-mail address:
smith.martha@epa.gov. For technical
information, contact Ms. Mary Johnson,
Energy Strategies Group, Sector Policies
Program Division (D243–01), U.S. EPA,
Research Triangle Park, NC 27711;
telephone number: (919) 541–5025; email address: johnson.mary@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments for EPA?
II. Background Information
A. What is the regulatory development
background for this proposed rule?
B. What associated regulatory activity
preceded this proposed rule?
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C. What impact does the EPA’s granting of
a request for reconsideration have on this
Federal plan?
III. Affected Facilities
A. What is an OSWI unit?
B. Does the Federal plan apply to me?
C. How do I determine if my OSWI unit is
covered by an approved and effective
State or Tribal plan?
IV. Elements of the OSWI Federal Plan
A. Legal Authority and Enforcement
Mechanism
B. Inventory of Affected OSWI Units
C. Inventory of Emissions
D. Emission Limitations
E. Compliance Schedules
F. Waste Management Plan Requirements
G. Testing, Monitoring, Recordkeeping,
and Reporting
H. Operator Training and Qualification
Requirements
I. Record of Public Hearings
J. Progress Reports
V. Summary of OSWI Federal Plan
A. Might the proposed rules apply to me?
B. What emission limitations would apply?
C. What operating limits would apply?
D. What would be the requirements for
OSWI air curtain incinerators?
E. What other requirements would apply?
F. What is the proposed compliance
schedule?
G. How did EPA determine the compliance
schedule?
VI. OSWI That Have or Will Shut Down
A. Units That Plan To Close Rather Than
Comply
B. Inoperable Units
C. OSWI Units That Have Shut Down
VII. Implementation of the Federal Plan and
Delegation
A. Background of Authority
B. Delegation of the Federal Plan and
Retained Authorities
C. Mechanisms for Transferring Authority
D. Implementing Authority
E. OSWI Federal Plan and Indian Country
VIII. Title V Operating Permits
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
Category
NAICS* code
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C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer
Advancement Act
I. General Information
A. Does this action apply to me?
Categories and entities potentially
regulated by the proposed rules are very
small municipal waste combustion
(VSMWC) units and institutional waste
incineration (IWI) units. The OSWI
Federal plan would affect the following
categories of sources:
Examples of potentially regulated entities
Any State, local, or Tribal Government using a VSMWC
unit as defined in the regulations.
562213, 92411
Institutions using an IWI unit as defined in the regulations
922, 6111, 623, 7121
Any Federal Government Agency using an OSWI unit as
defined in the regulations.
Any college or university using an OSWI unit as defined
in the regulations.
Any church or convent using an OSWI unit as defined in
the regulations.
Any civic or religious organization using an OSWI unit as
defined in the regulations.
928
6113, 6112
Solid waste combustion units burning municipal waste
collected from the general public and from residential,
commercial, institutional, and industrial sources.
Correctional institutions, primary and secondary schools,
camps and national parks.
Department of Defense (labs, military bases, munitions
facilities).
Universities, colleges and community colleges.
8131
Churches and convents.
8134
Civic associations and fraternal associations.
* North American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by the proposed rules. To
determine whether your facility would
be regulated by the proposed rules, you
should examine the applicability
criteria in CAA sections 62.15460
through 62.15500 of the proposed
Federal plan. If you have any questions
regarding the applicability of the
proposed rules to a particular entity,
contact either of the persons listed in
the preceding FOR FURTHER INFORMATION
CONTACT section.
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B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit
information that you consider to be CBI
electronically through
www.regulations.gov or e-mail. Send or
deliver information identified as CBI to
only the following address: Mr. Roberto
Morales, c/o OAQPS Document Control
Officer (Mail Drop C404–02), U.S. EPA,
Research Triangle Park, NC 27711,
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Attention Docket ID No. EPA–HQ–
OAR–2006–0364. 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 EPA, mark
the outside of the disk or CD ROM as
CBI and then identify electronically
within the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information marked as CBI will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
If you have any questions about CBI
or the procedures for claiming CBI,
please consult either of the persons
identified in the FOR FURTHER
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
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a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions. The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
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h. Make sure to submit your
comments by the comment period
deadline identified.
Docket. The docket number for the
proposed Federal plan (40 CFR part 620,
subpart KKK) is Docket ID No. EPA–
HQ–OAR–2005–0364.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of the proposed rules is
available on the WWW through the
Technology Transfer Network Website
(TTN Web). Following signature, EPA
will post a copy of the proposed rules
on the TTN’s policy and guidance page
for newly proposed or promulgated
rules at https://www.epa.gov/ttn/oarpg.
The TTN provides information and
technology exchange in various areas of
air pollution control.
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II. Background Information
A. What is the regulatory development
background for this proposed rule?
Section 129 of the CAA requires EPA
to develop emission guidelines for,
among other things, unspecified ‘‘other
categories of solid waste incineration
units’’, herein referenced as OSWI units.
The EPA proposed emission guidelines
for OSWI units on December 9, 2004,
and promulgated them on December 16,
2005 (70 FR 74870), to be codified at 40
CFR part 60, subpart FFFF. In writing
Section 129 of the CAA, Congress
looked first to the States as the preferred
implementers of emission guidelines for
existing OSWI units. To make these
emission guidelines enforceable, States
with existing OSWI units must have
submitted to EPA within one year
following promulgation of the emission
guidelines (by December 16, 2006) State
plans that implement and enforce the
emission guidelines. For States or Tribes
that do not have an EPA-approved and
effective plan, EPA must develop and
implement a Federal plan within two
years following promulgation of the
emission guidelines (by December 16,
2007). The EPA sees the Federal plan as
an interim measure to ensure that
congressionally mandated emission
standards are implemented until States
assume their role as the preferred
implementers of the emissions
guidelines. Thus, the EPA encourages
States to either use the Federal plan as
a template to reduce the effort needed
to develop their own plans or to simply
take delegation to directly implement
and enforce the guidelines. States
without any existing OSWI units are
required to submit to the Administrator
a letter of negative declaration certifying
that there are no OSWI units in the
State. No plan is required for States that
do not have any OSWI units.
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As discussed in section VII.E of this
preamble, Indian Tribes may, but are
not required to, submit Tribal plans to
cover OSWI units in Indian country. A
Tribe may submit to the Administrator
a letter of negative declaration certifying
that no OSWI units are located in the
Tribal area. No plan is required for
Tribes that do not have any OSWI units.
OSWI units located in States or Tribal
areas that mistakenly submit a letter of
negative declaration would be subject to
the Federal plan until a State or Tribal
plan becomes approved and effective
covering those OSWI units.
This action proposes a Federal plan
for OSWI units that are not covered by
an approved State or Tribal plan as of
December 16, 2006. Sections 111 and
129 of the CAA and 40 CFR 60.27(c) and
(d) require EPA to develop, implement,
and enforce a Federal plan to cover
existing OSWI units located in States
that do not have an approved plan
within two years after promulgation of
the emission guidelines (by December
16, 2007, for OSWI units). The EPA is
proposing this Federal plan now so that
a promulgated Federal plan will be in
place at the earliest possible date, thus
ensuring timely implementation and
enforcement of the OSWI emission
guidelines. In addition, EPA’s timing
allows a State or Tribe the opportunity
to take delegation of the Federal plan in
lieu of writing a State plan.
B. What associated regulatory activity
preceded this proposed rule?
Regulations have been developed for
each of the listed categories of solid
waste incineration unit except for the
‘‘other categories of solid waste
incineration units.’’ This notice
proposes regulations for these ‘‘other’’
(or OSWI) units. Several previous
notices have been published regarding
OSWI regulatory development (58 FR
31358, June 2, 1993; 58 FR 58498,
November 2, 1993; 65 FR 67367,
November 9, 2000). In the November 9,
2000 notice, EPA revised the OSWI
regulatory schedule to promulgate
regulations by November 2005. This was
subsequently incorporated into a
consent decree, requiring that EPA
propose regulations for the OSWI source
category by November 30, 2004, and
promulgate by November 30, 2005. We
proposed regulations on December 9,
2004. On December 16, 2005, we
promulgated EG for OSWI constructed
on or before December 9, 2004 (70 FR
74870), which are to be implemented
via today’s proposed rulemaking.
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C. What impact does the EPA’s granting
of a request for reconsideration have on
this Federal plan?
On February 14, 2006, subsequent to
EPA’s promulgation of the final rule
establishing the New Source
Performance Standards (NSPS) and the
Emission Guidelines (EG) for OSWI
units, the Sierra Club filed a petition for
reconsideration, pursuant to section
307(d)(7)(B) of the CAA.1 On June 28,
2006 (71 FR 36726–36730), EPA granted
reconsideration of one issue raised by
the Sierra Club. In granting
reconsideration on this issue, EPA
agreed to undertake further notice and
comment proceedings related to
whether sewage sludge incinerators
should be regulated under CAA section
129.2 EPA’s granting reconsideration on
an issue does not stay, vacate or
otherwise influence the effective date of
the OSWI regulations. Specifically, CAA
section 307(d)(7)(B) provides that
‘‘reconsideration shall not postpone the
effectiveness of the rule,’’ except that
‘‘the effectiveness of the rule may be
stayed during such reconsideration
* * * by the Administrator or the court
for a period not to exceed three
months.’’ In this case, neither EPA nor
the court stayed the effectiveness of the
final OSWI regulations in connection
with the reconsideration petition.
Because the existing OSWI regulations
remain in effect, EPA’s obligation under
CAA section 129(b)(3) to promulgate a
Federal Plan (to implement those
regulations for existing units that are not
covered by an approved and effective
State plan) remains unchanged.3
Therefore, EPA is complying with its
statutory obligations by issuing today’s
proposed Federal Plan for OSWI units.
If, after reconsidering any issues
raised in the petition for
reconsideration, EPA revises the OSWI
rules, EPA plans to make corresponding
changes to the final Federal Plan. Thus,
by this notice, we are informing the
public that EPA is reconsidering this
same issue (e.g., involving sewage
sludge incinerators) as it pertains to the
OSWI Federal Plan as well, and if the
Federal Plan is finalized after EPA final
action on reconsideration, it too will
reflect EPA’s final decision on the issue.
1 The Sierra Club also filed a petition for review
in the D.C. Circuit, challenging the final OSWI rule.
Sierra Club v. EPA, No. 06–1066 (D.C. Cir.). That
case is being held in abeyance while EPA
undertakes its reconsideration proceeding.
2 EPA will respond to other issues raised in the
petition for reconsideration no later than when it
takes final action on the sewage sludge issue, which
EPA expects to be no later than January 2007.
3 Similarly, the obligations of States and sources
are unaffected by EPA’s reconsidering one issue.
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III. Affected Facilities
A. What is an OSWI unit?
The term OSWI unit means either a
very small municipal waste combustion
unit or an institutional waste
incineration unit, as defined in
proposed 40 CFR part 62, subpart KKK.
Seventeen types of combustion units,
which are listed in CAA section
62.15845 of proposed subpart KKK are
conditionally exempt from specific
provisions of the proposed Federal plan.
B. Does the Federal plan apply to me?
The proposed Federal plan will apply
to you if you are the owner or operator
of an OSWI unit, including any OSWI
air curtain incinerator (ACI), not
covered by an approved and effective
State or Tribal plan as of the date of
promulgation of the Federal plan. The
Federal plan proposed herein would
cover your OSWI unit until EPA should
approve a State or Tribal plan that
would cover your OSWI unit and that
plan should become effective.
If you began the construction of your
OSWI unit on or before December 9,
2004, it is considered an existing OSWI
unit and could be subject to the Federal
plan. If you began the construction of
your OSWI unit after December 9, 2004,
it is considered a new OSWI unit and
is subject to the new source
performance standards (NSPS). If you
began reconstruction or modification of
your OSWI unit prior to June 16, 2006,
it is considered an existing OSWI unit
and could be subject to the Federal plan.
Likewise, if you began reconstruction or
modification of your OSWI unit on or
after June 16, 2006, it is considered a
new OSWI unit and is subject to the
NSPS.
Your existing OSWI unit would be
subject to this Federal plan if on the
effective date of the Federal plan, EPA
has not approved a State or Tribal Plan
that covers your unit, or the EPAapproved State or Tribal plan has not
become effective. The specific
applicability of this plan is described in
CAA sections 62.15460 through
62.15500 of proposed subpart KKK.
Once an approved State or Tribal plan
is in effect, the Federal plan will no
longer apply to an OSWI unit covered
by such plan. An approved State or
Tribal plan is a plan developed by a
State or Tribe that EPA has reviewed
and approved based on the
requirements in 40 CFR part 60, subpart
B to implement and enforce 40 CFR part
60, subpart DDDD. The State or Tribal
plan is effective on the date specified in
the notice published in the Federal
Register announcing EPA’s approval of
the plan.
The EPA’s promulgation of an OSWI
Federal plan will not preclude States or
Tribes from submitting a plan. If a State
75819
or Tribe submits a plan after
promulgation of the OSWI Federal plan
final rule, EPA will review and approve
or disapprove the State or Tribal plan.
If EPA approves a plan, then the Federal
plan would no longer apply to OSWI
units covered by the State or Tribal plan
as of the effective date of the State or
Tribal plan. If an OSWI unit were
overlooked by a State or Tribe and the
State or Tribe submitted a negative
declaration letter, or if an individual
OSWI unit were not covered by an
approved and effective State or Tribal
plan, the OSWI unit would be subject to
this Federal plan.
C. How do I determine if my OSWI unit
is covered by an approved and effective
State or Tribal plan?
Part 62 of Title 40 of the Code of
Federal Regulations identifies the
approval and promulgation of sections
111(d) and section 129 State or Tribal
plans for designated facilities in each
State or area of Indian Country.
However, 40 CFR part 62 is updated
once per year. Thus, if 40 CFR part 62
does not indicate that your State or
Tribal area has an approved and
effective plan, you should contact your
State environmental agency’s air
director or your EPA Regional Office to
determine if approval occurred since
publication of the most recent version of
40 CFR part 62.
EPA REGIONAL CONTACTS FOR OSWI
Region
Contact
Phone/fax
I ....................
EPA New England, Director, Air Compliance Program, 1 Congress Street, Suite 1100 (SEA),
Boston, MA 02114–2023.
U.S. EPA Region 2, Air Compliance Branch, 290
Broadway, New York, NY 10007.
U.S. EPA Region 3, Chief, Air Enforcement
Branch (3AP12), 1650 Arch Street, Philadelphia, PA 19103–2029.
U.S. EPA Region 4, Air and Radiation Technology Branch, Atlanta Federal Center, 61
Forsyth Street, Atlanta, GA 30303–3104.
U.S. EPA Region 5, Air Enforcement and Compliance Assurance Branch (AR–18J), 77 West
Jackson Boulevard, Chicago, IL 60604–3590.
U.S. EPA Region 6, Chief, Toxics Enforcement
Section (6EN–AT), 1445 Ross Avenue, Dallas,
TX 75202–2733.
U.S. EPA Region 7, Air Permitting and Compliance Branch (ARTD/APCO–2119F), 901 N. 5th
Street, Kansas City, KS 66101.
U.S. EPA Region 8, Air and Radiation Program
Air Technical Assistance Unit (Mail Code 8P—
AR), 999 18th Street, Suite 200, Denver, CO
80202.
U.S. EPA Region 9, Air Division, 75 Hawthorne
Street, San Francisco, CA 94105.
U.S. EPA Region 10, Office of Air Quality, 1200
Sixth Avenue, Seattle, WA 98101.
617–918–1650, 617–918–1505 (fax)
CT, ME, MA, NH, RI, VT.
212–637–4080, 212–637–3998 (fax)
NJ, NY, Puerto Rico, Virgin Islands.
215–814–3438, 215–814–2134 (fax)
DE, DC, MD, PA, VA, WV.
404–562–9105, 404–562–9095 (fax)
AL, FL, GA, KY, MS, NC, SC, TN.
312–353–2088, 312–353–2018 (fax)
IL, IN, MN, OH, WI.
214–665–7224, 214–665–7446 (fax)
AR, LA, NM, OK, TX.
913–551–7020, 913–551–7844 (fax)
IA, KS, MO, NE.
303–312–6526, 303–312–6064 (fax)
CO, MT, ND, SD, UT, WY.
415–947–4200, 415–744–1076 (fax)
AZ, CA, HI, NV, American Samoa,
Guam.
AK, ID, OR, WA.
II ...................
III ..................
IV ..................
V ...................
VI ..................
VII .................
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VIII ................
IX ..................
X ...................
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IV. Elements of the OSWI Federal Plan
Because EPA is proposing a Federal
plan to cover OSWI units located in
States and areas of Indian Country
where plans are not in effect, EPA has
elected to include in this proposal the
same elements as are required for State
plans: (1) Identification of legal
authority and mechanisms for
implementation, (2) inventory of OSWI
units, (3) emissions inventory, (4)
emission limitations, (5) compliance
schedules, (6) waste management plan,
(7) testing, monitoring, inspection,
reporting, and recordkeeping, (8)
operator training and qualification, (9)
public hearing, and (10) progress
reporting. See 40 CFR part 60 subparts
B and C and sections 111 and 129 of the
CAA. Each plan element is described
below as it relates to this proposed
OSWI Federal plan. The table below
lists each element and identifies where
it is located or codified.
ELEMENTS OF THE OSWI FEDERAL PLAN
Legal authority and enforcement mechanism ..........................................
Inventory of Affected MWC Units .............................................................
Inventory of Emissions .............................................................................
Emission Limits .........................................................................................
Compliance Schedules .............................................................................
Operator Training and Qualification .........................................................
Waste Management Plan .........................................................................
Record of Public Hearings .......................................................................
Testing, Monitoring, Recordkeeping, and Reporting ................................
Progress Reports ......................................................................................
A. Legal Authority and Enforcement
Mechanism
1. EPA’s Legal Authority in States
Section 301(a) of the CAA provides
EPA with broad authority to write
regulations that carry out the functions
of the CAA. Sections 111(d) and
129(b)(3) of the CAA direct EPA to
develop a Federal plan for States that do
not submit approvable State plans.
Sections 111 and 129 of the CAA
provide EPA with the authority to
implement and enforce the Federal plan
in cases where the State fails to submit
a satisfactory State plan. CAA Section
129(b)(3) requires EPA to develop,
implement, and enforce a Federal plan
within 2 years after the date the relevant
emission guidelines are promulgated (by
December 16, 2007). Compliance with
the emission guidelines cannot be later
than 5 years after the relevant emission
guidelines are promulgated (by
December 16, 2010 for OSWI units).
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2. EPA’s Legal Authority in Indian
Country
Section 301 of the CAA provides EPA
with the authority to administer Federal
programs in Indian country. See CAA
sections 301 (a) and (d). Section
301(d)(4) of the CAA authorizes the
Administrator to directly administer
provisions of the CAA where Tribal
implementation of those provisions is
not appropriate or administratively not
feasible. See section VII.E of this
preamble for a more detailed discussion
of EPA’s authority to administer the
OSWI Federal plan in Indian country.
The EPA is proposing this Federal
regulation under the legal authority of
the CAA to implement the emission
guidelines in those States and areas of
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Sections 129(b)(3) 111(d), 301(a), and 301(d)(4) of the CAA.
Docket EPA–HQ–OAR–2003–0156.
Docket EPA–HQ–OAR–2003–0156.
40 CFR 62.15575–62.15605.
40 CFR 62.15505–62.15515.
40 CFR 62.15535–62.15570.
40 CFR 62.15520–62.15530.
Docket EPA–HQ–OAR–2003–0156.
40 CFR 62.15610, 40 CFR 15665–62.15710, 40 CFR 62.15715–
62.15780.
Section IV.J. of this preamble.
Indian country not covered by an
approved plan. As discussed in section
VII of this document, implementation
and enforcement of the Federal plan
may be delegated to eligible Tribal,
State, or local agencies when requested
by a State, eligible Tribal, or local
agency, and when EPA determines that
such delegation is appropriate.
B. Inventory of Affected OSWI Units
The proposed Federal plan includes
an inventory of OSWI units affected by
the emission guidelines. (See 40 CFR
part 60.25(a).) Docket No. EPA–HQ–
OAR–2003–0156 contains an inventory
of the OSWI units that may potentially
be covered by this proposed Federal
plan in the absence of State or Tribal
plans. This inventory contains 248
OSWI units in 26 States. It is based on
information collected from State and
Federal databases, information
collection request survey responses, and
stakeholder meetings during the
development of the OSWI emission
guidelines. The EPA recognizes that this
list may not be complete. Therefore,
sources potentially subject to this
Federal plan may include, but are not
limited to, the OSWI units listed in the
inventory memorandum in Docket No.
EPA–HQ–OAR–2003–0156. Any OSWI
unit that meets the applicability criteria
in the Federal plan rule is subject to the
Federal plan, regardless of whether it is
listed in the inventory. States, Tribes, or
individuals are invited to identify
additional sources for inclusion to the
list during the comment period for this
proposal.
C. Inventory of Emissions
The proposed Federal plan includes
an emissions estimate for OSWI units
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subject to the emission guidelines. (See
40 CFR 60.25(a).) The pollutants to be
inventoried are dioxins/furans,
cadmium (Cd), lead (Pb), mercury (Hg),
particulate matter (PM), hydrogen
chloride (HCl), oxides of nitrogen
(NOX), carbon monoxide (CO), and
sulfur dioxide (SO2). For this proposal,
EPA has estimated the emissions from
each known OSWI unit that potentially
may be covered by the Federal plan for
the nine pollutants regulated by the
Federal plan.
The emissions inventory is based on
available information about the OSWI
units, emission factors, and typical
emission rates developed for calculating
nationwide air impacts of the OSWI
emission guidelines and the Federal
plan. Refer to the inventory
memorandum in Docket No. EPA–HQ–
OAR–2003–0156 for the complete
emissions inventory and details on the
emissions calculations.
D. Emission Limitations
The proposed Federal plan includes
emission limitations. (See 40 CFR
60.24(a).) Section 129(b)(2) of the CAA
requires these emission limitations to be
‘‘at least as protective as’’ those in the
emission guidelines. The emission
limitations in this proposed OSWI
Federal plan are the same as those
contained in the EG. Section V of this
preamble discusses the emission
limitations and operating limits. The EG
promulgated December 16, 2005, had a
technical error which is being corrected
through a technical amendment. Due to
the uncertainty of the publication date
for the amendment, the technical error
will not appear in the proposal of this
Federal plan. The correct opacity
measurement averaging time appears in
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this proposal. This possible discrepancy
between the EG and Federal Plan is in
Table 2 of the rule in the EG and Table
1 of the rule in the Federal Plan.
E. Compliance Schedules
Typically, State or Federal plans
include increments of progress for units
that need more than one year from State
plan approval to comply, or in the case
of the Federal plan, more than one year
after promulgation of the final Federal
plan. (See 40 CFR part 60.24(e)(1).) The
purpose of increments of progress is to
ensure that each affected unit needing
more time to comply is making progress
toward meeting the emission limits.
Section 129(f) of the CAA specifies
the dates by which affected facilities
must comply with EG. Existing units
must be in compliance with the
guidelines as expeditiously as
practicable after approval of a State
plan, but no later than three years after
the effective date of State plan approval
or five years after promulgation of the
guidelines, whichever is earlier. To
proceed in an expeditious manner, we
are proposing to implement the EG
within that same time frame.
For the EG, we are incorporating the
full compliance time allowed by CAA
section and to include final compliance
as the sole increment of progress. The
OSWI units are small and are located at
small municipalities and institutions
that do not always have full-time
environmental staff. They will need
time to investigate the regulatory,
technical, cost, financing, and economic
implications of control techniques and
alternative waste disposal options
available to their facility. The EPA
wants to allow sufficient time for
owners and operators of OSWI units to
investigate, plan, and carry out activities
for compliance or, as expected in most
cases, a closure of their waste
combustion units and an orderly
transition to the use of alternative waste
disposal methods. Our compliance
schedule was developed to allow small
sources maximum flexibility in
accomplishing final compliance by a
date 3 years after publication of a final
rule for the Federal plan.
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F. Waste Management Plan
Requirements
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 to reduce
or eliminate toxic emissions from
incinerated waste. The waste
management plan must be submitted no
later than the date sixty days after the
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initial performance test. This date is 240
days after the final compliance date.
G. Testing, Monitoring, Recordkeeping,
and Reporting
The proposed Federal plan includes
testing, monitoring, recordkeeping, and
reporting requirements. (See 40 CFR
part 60.25).) Testing, monitoring,
recordkeeping, and reporting
requirements are consistent with 40 CFR
part 60 subpart FFFF, and assure initial
and ongoing compliance.
H. Operator Training and Qualification
Requirements
The owner or operator must qualify
operators or their supervisors (at least
one per facility) by ensuring that they
complete an operator training course
and annual review or refresher course.
CAA sections 62.15535 through
62.15570 of the proposed subpart KKK
contain the operator training and
qualification requirements.
I. Record of Public Hearings
The proposed Federal plan provides
opportunity for public participation in
adopting the plan. (See 40 CFR part
60.23(c).) If requested to do so, EPA will
hold a public hearing in Research
Triangle Park, NC. A record of the
public hearing, if any, will appear in
Docket No. EPA–HQ–OAR–2006–0364.
If a public hearing is requested and
held, EPA will ask clarifying questions
during the oral presentation but will not
respond to the presentations or
comments. Written statements and
supporting information submitted
during the public comment period will
be considered with equivalent weight as
any oral statement and supporting
information subsequently presented at a
public hearing, if held.
J. Progress Reports
Under the Federal plan, the EPA
Regional Offices will prepare annual
progress reports to show progress of
OSWI units in the Region toward
implementation of the emission
guidelines. (See 40 CFR 60.25(e).) States
or Tribes that have been delegated the
authority to implement and enforce this
Federal plan would also be required to
submit annual progress reports to the
appropriate EPA Regional Office.
Each progress report must include the
following items: (1) Status of
enforcement actions; (2) status of
increments of progress; (3) identification
of sources that have shut down or
started operation; (4) emission inventory
data for sources that were not in
operation at the time of plan
development, but that began operation
during the reporting period; (5)
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additional data as necessary to update
previously submitted source and
emission information; and (6) copies of
technical reports on any performance
testing and monitoring.
V. Summary of OSWI Federal Plan
A. Might the proposed rules apply to
me?
The proposed OSWI Federal rules
could apply to you if you own or
operate either of the following at a
location not subject to an approved
State or Tribal plan:
(1) An incineration unit with a
capacity less than 35 tpd burning
municipal solid waste (MSW) (as
defined in CAA sections 129 and
62.15850 of 40 CFR part 62 subpart
KKK); or
(2) An incineration unit located at an
institutional facility burning
institutional waste (as defined in CAA
section 62.15850 of 40 CFR part 62
subpart KKK) generated at that facility.
Requirements for air curtain
incineration units that would otherwise
be VSMWC or IWI units, but for the fact
that they burn certain materials, are
discussed later in this preamble. If your
incineration unit is currently meeting
emission limitations and other
requirements of another CAA section
129 regulation (i.e., small or large
municipal waste combustion (MWC)
units; hospital, medical, infectious
waste incineration (HMIWI) units; or
commercial and industrial solid waste
incineration (CISWI) units), the
proposed OSWI rules would not apply
to you. Likewise, if an institutional
combustion unit is covered under the
CAA section 112 national emission
standards for hazardous air pollutants
(NESHAP) for industrial, commercial,
and institutional boilers and process
heaters (boilers NESHAP), it would not
be subject to the proposed OSWI rules.
Certain types of combustion units listed
in CAA section 62.15485 of 40 CFR part
62 subpart KKK also would be excluded
from the final OSWI rules.
If you began construction of your
incineration unit on or before December
9, 2004, it is considered an existing unit
and would be subject to the proposed
Federal plan. If you began construction
of your incineration unit after December
9, 2004, it is considered a new unit and
is subject to the NSPS (40 CFR part 60,
subpart EEEE). If you began
reconstruction or modification of your
incineration unit prior to June 16, 2006,
it would be considered an existing unit
and subject to the Federal plan.
Likewise, if you begin reconstruction or
modification of your incineration unit
on or after June 16, 2006, it is
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considered a new unit and is subject to
the NSPS.
B. What emission limitations would
apply?
As the owner or operator of an
existing OSWI unit, you would be
required to meet the proposed emission
limitations as specified in the table
below. See CAA section V.F of this
preamble for a discussion of the
compliance schedule.
EMISSION LIMITS FOR EXISTING OSWI UNITS
For these pollutants
You must meet
these emission
limits a
And determine
compliance using
these methods b c
Cd ...............................................................
CO ..............................................................
Dioxins/Furans (total mass basis) ..............
HCl ..............................................................
Pb ...............................................................
Hg ...............................................................
Opacity .......................................................
NOX ............................................................
PM ..............................................................
SO2 .............................................................
18 micrograms per dry standard cubic meter (µg/dscm)
40.0 parts per million dry volume (ppmdv) .....................
33 nanograms per dry standard cubic meter (ng/dscm)
15.0 ppmdv .....................................................................
226 µg/dscm ....................................................................
74 µg/dscm ......................................................................
10% .................................................................................
103 ppmdv ......................................................................
0.013 grains per dry standard cubic foot (gr/dscf) .........
3.1 ppmdv .......................................................................
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
Method 29.
Methods 10, 10A or 10B.
Method 23.
Method 26A.
Method 29.
Method 29.
Method 9.
Methods 7, 7A, 7C, 7D, or 7E.d
Method 5 or 29.
Method 6 or 6C .e
a All
emission limits (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions.
methods are in 40 CFR part 60, appendix A.
with the CO emission limit is determined on a 12-hour rolling average basis using continuous emission monitoring system data.
Compliance for the other pollutants’ emission limits is determined by stack testing.
d ASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Methods 7 and 7C.
e ASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Method 6.
b These
c Compliance
C. What operating limits would apply?
If you use a wet scrubber to comply
with the emission limits, you would be
required to establish the maximum and
minimum site-specific operating limits
indicated in Table 1 of this preamble.
You would then be required to operate
the OSWI unit so that the charge rate
does not exceed the established
maximum charge rate. You would be
required to operate the wet scrubber so
that the pressure drop or amperage,
scrubber liquor flow rate, and scrubber
liquor pH do not fall below the
minimum established operating limits.
TABLE 1.—OPERATING LIMITS FOR EXISTING OSWI UNITS USING WET SCRUBBERS
And monitor continuously
using these recording times
For these operating parameters
You must establish these operating limits
Charge rate ........................................................
Pressure drop across the wet scrubber, or amperage to the wet scrubber.
Scrubber liquor flow rate ....................................
Scrubber liquor pH .............................................
Maximum charge rate ......................................
Minimum pressure drop or amperage .............
Every hour.
Every 15 minutes.
Minimum flow rate ............................................
Minimum pH .....................................................
Every 15 minutes.
Every 15 minutes.
Note: Compliance is determined on a 3hour rolling average basis, except charge rate
for batch incinerators, which is determined
on a 24-hour basis.
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If you use an air pollution control
device other than a wet scrubber to
comply with the emission limits, you
would be required to petition the EPA
for approval of other site-specific
operating limits to be established during
the initial performance test and
continuously monitored thereafter. The
information you must include in your
petition is described in 40 CFR 62.15595
of proposed subpart KKK.
D. What would be the requirements for
OSWI air curtain incinerators?
The final OSWI rules establish
opacity limitations for air curtain
incineration units that would otherwise
meet the definitions of IWI or VSMWC
units, but burn only:
• 100 percent wood wastes;
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• 100 percent clean lumber;
• 100 percent yard waste; or
• 100 percent mixture of only wood
waste, clean lumber, and/or yard waste.
The opacity limit is 10 percent.
However, 35 percent opacity is allowed
during startup periods that are within
the first 30 minutes of operation. Air
curtain incinerators burning only these
materials must meet the opacity limits
and certain monitoring, recordkeeping,
and reporting requirements, and must
apply for and obtain a title V operating
permit.
Air curtain incinerators burning other
institutional waste or municipal waste
must meet the requirements of the final
OSWI rules including all emission
limits in table 1 of this preamble and the
associated testing, permitting,
monitoring, recordkeeping, and
reporting requirements.
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E. What other requirements would
apply?
As the owner or operator of an OSWI
unit, you would be required to meet the
following additional requirements.
Waste Management Plan:
• Submit a written plan that
identifies both the feasibility and the
methods used to reduce or separate
certain components of solid waste from
the waste stream to reduce or eliminate
toxic emissions from incinerated waste.
Operator Training and Qualification
Requirements:
• Qualify operators or their
supervisors (at least one per facility) by
ensuring that they complete an operator
training course and annual review or
refresher course.
Testing Requirements:
• Conduct initial performance tests
for Cd, CO, dioxins/furans, HCl, Pb, Hg,
NOX, opacity, PM, and SO2 and
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establish operating limits (i.e.,
maximum or minimum values for
operating parameters).
• Conduct annual performance tests
for all nine pollutants and opacity. (An
owner or operator may conduct less
frequent testing if the facility
demonstrates that it is in compliance
with the emission limits for three
consecutive performance tests).
Monitoring Requirements:
• Continuously monitor CO
emissions.
• If using a wet scrubber to comply
with the emission limits, continuously
monitor the following operating
parameters: charge rate, pressure drop
across the wet scrubber (or amperage),
and scrubber liquid flow rate and pH.
• If using something other than a wet
scrubber to comply with the emission
limits, monitor other operating
parameters, as approved by the EPA.
Recordkeeping and Reporting
Requirements:
• Maintain for 5 years records of the
initial performance tests and all
subsequent performance tests, operating
parameters, any maintenance, the siting
analysis (for new units only), and
operator training and qualification. Each
record must be kept on site for at least
2 years. The records may be kept off site
for the remaining 3 years.
• Submit the results of the initial
performance tests and all subsequent
performance tests and values for the
operating parameters.
• Submit annual compliance reports
and semiannual reports of any
deviations from the emission limits,
operating limits, or other requirements.
• Apply for and obtain a title V
operating permit.
F. What is the proposed compliance
schedule?
Each incineration unit will be
required to reach final compliance by
the date 3 years after publication of the
final rule in the Federal Register. In
addition, the owner or operator will
need to comply with the operator
training and qualification requirements
and inspection requirements by the date
1 year after publication of the final rule
in the Federal Register, regardless of
when the OSWI unit reaches final
compliance.
To achieve final compliance, the
owner or operator of each OSWI unit
must incorporate all process changes or
complete retrofit construction in
accordance with the final control plan.
The owner or operator must connect the
air pollution control equipment or
process changes such that when the
OSWI unit is brought on line all
necessary process changes or air
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pollution control equipment will
operate as designed.
G. How did EPA determine the
compliance schedule?
Section 129(f) of the CAA specifies
the dates by which affected facilities
must comply with the EG. Existing units
must be in compliance with the
guidelines as expeditiously as
practicable after approval of a State
plan, but no later than three years after
the effective date of State plan approval
or five years after promulgation of the
guidelines, whichever is earlier.
EPA chose to include the full
compliance time allowed by CAA
section 129 in the EG and proposes to
do the same in the proposed Federal
plan for OSWI units. The OSWI units
are small and are located at small
municipalities and institutions that do
not always have full-time environmental
staff. They will need time to investigate
the regulatory, technical, cost,
financing, and economic implications of
control techniques and alternative waste
disposal options available to their
facility. The EPA wants to allow
sufficient time for owners and operators
of OSWI units to investigate, plan, and
carry out activities for compliance or, as
expected in most cases, a closure of
their waste combustion units and an
orderly transition to the use of
alternative waste disposal methods.
VI. OSWI That Have or Will Shut Down
A. Units That Plan To Close Rather
Than Comply
If you plan to permanently close your
currently operating incineration unit,
you must do so by the date three years
after publication of the final rule for this
Federal plan in the Federal Register. If
you close your OSWI unit after the date
one year after publication of the final
rule in the Federal Register, but before
the date three years after publication of
the final rule in the Federal Register,
then you must comply with the operator
training and qualification requirements
by the date one year after publication of
the final rule in the Federal Register. In
addition, while still in operation, you
are subject to the same requirements for
title V operating permits that apply to
units that will not shut down.
B. Inoperable Units
In cases where an OSWI unit has
already shut down, has been rendered
inoperable, and does not intend to
restart, the OSWI unit may be left off the
source inventory in a State, Tribal, or
this Federal plan. An OSWI unit that
has been rendered inoperable would not
be covered by the Federal plan. The
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75823
OSWI owner or operator may do the
following to render an OSWI unit
inoperable: (1) Weld the waste charge
door shut, (2) remove stack (and by-pass
stack, if applicable), (3) remove
combustion air blowers, or (4) remove
burners or fuel supply appurtenances.
C. OSWI Units That Have Shut Down
OSWI units that are known to have
already shut down (but are not known
to be inoperable) are included in the
source inventory for the proposed
Federal plan and will be identified in
any State or Tribal plan submitted to
EPA.
1. Restarting Before the Final
Compliance Date
If the owner or operator of an inactive
incineration unit plans to restart before
the final compliance date, the owner or
operator must meet any requirements
for operator training or obtaining title V
operating permits that apply to units
planning to meet the final compliance
date.
2. Restarting After the Final Compliance
Date
Before restarting, such OSWI units
would have to complete the operator
training and qualification requirements
and inspection requirements (if
applicable) and complete retrofit or
process modifications. Performance
testing to demonstrate compliance
would be required within 30 days after
restarting. An incineration unit that
operates out of compliance after the
final compliance date would be in
violation of the Federal plan and subject
to enforcement action.
VII. Implementation of the Federal Plan
and Delegation
A. Background of Authority
Under sections 111(d) and 129(b) of
the CAA, EPA is required to adopt
emission guidelines that are applicable
to existing solid waste incineration
sources. These emission guidelines are
enforceable once EPA approves a State
or Tribal plan or adopts a Federal plan
that implements and enforces them, and
the State, Tribal, or Federal plan has
become effective. As discussed above,
the Federal plan regulates OSWI units
in a State or Tribal area that does not
have an EPA-approved plan currently in
effect.
Congress has determined that the
primary responsibility for air pollution
prevention and control rests with State
and local agencies. See section 101(a)(3)
of the CAA. Consistent with that overall
determination, Congress established
sections 111 and 129 of the CAA with
the intent that the States and local
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agencies take the primary responsibility
for ensuring that the emission
limitations and other requirements in
the emission guidelines are achieved.
Also, in section 111(d) of the CAA,
Congress explicitly required that EPA
establish procedures that are similar to
those under section 110(c) for State
Implementation Plans. Although
Congress required EPA to propose and
promulgate a Federal plan for States that
fail to submit approvable State plans on
time, States and Tribes may submit
approvable plans after promulgation of
the OSWI Federal plan. The EPA
strongly encourages States that are
unable to submit approvable plans to
request delegation of the Federal plan so
that they can have primary
responsibility for implementing the
emission guidelines, consistent with the
intent of Congress.
Approved and effective State plans or
delegation of the Federal plan is EPA’s
preferred outcome since EPA believes
that State and local agencies not only
have the responsibility to carry out the
emission guidelines, but also have the
practical knowledge and enforcement
resources critical to achieving the
highest rate of compliance. For these
reasons, EPA will do all that it can to
expedite delegation of the Federal plan
to State and local agencies, whenever
possible.
EPA also believes that Indian Tribes
should be the primary parties
responsible for regulating air quality
within Indian country, if they desire to
do so. See EPA’s Indian Policy (‘‘Policy
for Administration of Environmental
Programs on Indian Reservations,’’
signed by William D. Ruckelshaus,
Administrator of EPA, dated November
4, 1984), reaffirmed in a 2001
memorandum (‘‘EPA Indian Policy,’’
signed by Christine Todd Whitman,
Administrator of EPA, dated July 11,
2001).
B. Delegation of the Federal Plan and
Retained Authorities
If a State or Indian Tribe intends to
take delegation of the Federal plan, the
State or Indian Tribe must submit to the
appropriate EPA Regional Office a
written request for delegation of
authority. The State or Indian Tribe
must explain how it meets the criteria
for delegation. See generally ‘‘Good
Practices Manual for Delegation of NSPS
and NESHAP’’ (EPA, February 1983). In
order to obtain delegation, an Indian
Tribe must also establish its eligibility
to be treated in the same manner as a
State. The letter requesting delegation of
authority to implement the Federal plan
must demonstrate that the State or Tribe
has adequate resources, as well as the
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legal and enforcement authority to
administer and enforce the program. A
memorandum of agreement between the
State or Tribe and EPA would set forth
the terms and conditions of the
delegation, the effective date of the
agreement, and would also serve as the
mechanism to transfer authority. Upon
signature of the agreement, the
appropriate EPA Regional Office would
publish an approval notice in the
Federal Register; thereby incorporating
the delegation of authority into the
appropriate subpart of 40 CFR part 62.
If authority is not delegated to a State
or Indian Tribe, EPA will implement the
Federal plan. Also, if a State or Tribe
fails to properly implement a delegated
portion of the Federal plan, EPA will
assume direct implementation and
enforcement of that portion. The EPA
will continue to hold enforcement
authority along with the State or Tribe
even when a State or Tribe has received
delegation of the Federal plan. In all
cases where the Federal plan is
delegated, EPA will retain and will not
transfer authority to a State or Tribe to
approve the following items:
The following authorities are
withheld by the EPA Administrator and
not transferred to the State or Tribe:
(1) Approval of alternatives to the
emission limitations in Table 1 of the
proposed rule and operating limits
established under 40 CFR 62.15585 and
Table 2 of the proposed rule.
(2) Approval of petitions for specific
operating limits in 40 CFR 62.15595 the
proposed rule.
(3) Approval of major alternatives to
test methods.
(4) Approval of major alternatives to
monitoring.
(5) Approval of major alternatives to
recordkeeping and reporting.
(6) The status report requirements in
40 CFR 62.15570(c)(2) the proposed
rule.
C. Mechanisms for Transferring
Authority
There are two mechanisms for
transferring implementation authority to
State or Tribal agencies: (1) EPA
approval of a State or Tribal plan after
the Federal plan is in effect; and (2) if
a State or Tribe does not submit or
obtain approval of its own plan, EPA
delegation to a State or Tribe of the
authority to implement certain portions
of this Federal plan to the extent
appropriate and if allowed by State or
Tribal law. Both of these options are
described in more detail below.
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1. Federal Plan Becomes Effective Prior
to Approval of a State or Tribal Plan
After OSWI units in a State or Tribal
area become subject to the Federal plan,
the State or Tribal agency may still
adopt and submit a plan to EPA. If EPA
determines that the State or Tribal plan
is as protective as the emission
guidelines, EPA will approve the State
or Tribal plan. If EPA determines that
the plan is not as protective as the
emission guidelines, EPA will
disapprove the plan and the OSWI units
covered in the State or Tribal plan
would remain subject to the Federal
plan until a State or Tribal plan
covering those OSWI units is approved
and effective.
Upon the effective date of an
approved State or Tribal plan, the
Federal plan would no longer apply to
OSWI units covered by such a plan, and
the State or Tribal agency would
implement and enforce the State or
Tribal plan in lieu of the Federal plan.
When an EPA Regional Office approves
a State or Tribal plan, it will amend the
appropriate subpart of 40 CFR part 62 to
indicate such approval.
2. State or Tribe Takes Delegation of the
Federal Plan
EPA, in its discretion, may delegate to
State or eligible Tribal agencies the
authority to implement this Federal
plan. As discussed above, EPA believes
that it is advantageous and the best use
of resources for State or Tribal agencies
to agree to undertake, on EPA’s behalf,
the administrative and substantive roles
in implementing the Federal plan to the
extent appropriate and where
authorized by State or Tribal law. If a
State requests delegation, EPA will
generally delegate the entire Federal
plan to the State agency. These
functions include administration and
oversight of compliance reporting and
recordkeeping requirements, OSWI
inspections, and preparation of draft
notices of violation, but will not include
any retained authorities.
EPA also believes that it is the best
use of resources for Tribal agencies to
undertake a role in the implementation
of the Federal plan. The Tribal
Authority Rule issued on February 12,
1998 (63 FR 7254), provides Tribes the
opportunity to develop and implement
Clean Air Act programs. However, due
to resource constraints and other factors
unique to Tribal governments, it leaves
to the discretion of the Tribe whether to
develop these programs and which
elements of the program they will adopt.
Consistent with the approach of the
Tribal Authority Rule, EPA may choose
to delegate a partial Federal plan (i.e., to
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delegate authority for some functions
needed to carry out the plan) in
appropriate circumstances and where
consistent with Tribal law.
Both States and Tribal agencies, that
have taken delegation, as well as EPA,
will have responsibility for bringing
enforcement actions against sources
violating Federal plan provisions.
However, EPA recognizes that Tribes
have limited criminal enforcement
authority, and EPA will address in the
delegation agreement with the Tribe
how criminal enforcement issues are
referred to EPA.
D. Implementing Authority
The EPA delegated authority within
the Agency to the EPA Regional
Administrators to implement the OSWI
Federal plan. All reports required by
this Federal plan should be submitted to
the appropriate Regional Office
Administrator.
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E. OSWI Federal Plan and Indian
Country
The term ‘‘Indian country,’’ as used in
this preamble, means (1) all land within
the limits of any Indian reservation
under the jurisdiction of the United
States government, notwithstanding the
issuance of any patent, and including
rights-of-way running through the
reservation; (2) all dependent Indian
communities within the borders of the
United States whether within the
original or subsequently acquired
territory thereof, and whether within or
without the limits of a State; and (3) all
Indian allotments, the Indian titles to
which have not been extinguished,
including rights-of-way running through
the same.
The OSWI Federal plan would apply
throughout Indian country to ensure
that there is not a regulatory gap for
existing OSWI units in Indian country.
However, eligible Indian tribes now
have the authority under the CAA to
develop Tribal plans in the same
manner that States develop State plans.
On February 12, 1998, EPA promulgated
regulations that outline provisions of
the CAA for which it is appropriate to
treat Tribes in the same manner as
States. See 63 FR 7254 (Final Rule for
Indian Tribes: Air Quality Planning and
Management, (Tribal Authority Rule))
(codified at 40 CFR part 49). As of
March 16, 1998, the effective date of the
Tribal Authority Rule, EPA has had
authority under the CAA to approve
Tribal programs such as Tribal plans to
implement and enforce the OSWI
emission guidelines.
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1. Tribal Implementation
3. Applicability in Indian Country
Section 301(d) of the CAA authorizes
the Administrator to treat an Indian
tribe as a State under certain
circumstances. The Tribal Authority
Rule, which implements section 301(d)
of the CAA, identifies provisions of the
CAA for which it is appropriate to treat
a Tribe as a State. (See 40 CFR part 49.3
and 49.4.) Under the Tribal Authority
Rule, a Tribe may be treated as a State
for purposes of this Federal plan. If a
Tribe meets the criteria below, EPA can
delegate to an Indian tribe authority to
implement the Federal plan in the same
way it can delegate authority to a State:
(1) The applicant is an Indian tribe
recognized by the Secretary of the
Interior;
(2) The Indian tribe has a governing
body carrying out substantial
governmental duties and functions;
(3) The functions to be exercised by
the Indian tribe pertain to the
management and protection of air
resources within the exterior boundaries
of the reservation or other areas within
the tribe’s jurisdiction; and
(4) The Indian tribe is reasonably
expected to be capable, in the EPA
Regional Administrator’s judgment, of
carrying out the functions to be
exercised in a manner consistent with
the terms and purposes of the CAA and
all applicable regulations. (See 40 CFR
part 49.6).
The Federal plan would apply
throughout Indian country except where
an EPA-approved plan already covers an
area of Indian country. This approach is
consistent with EPA’s implementation
of the Federal Operating Permits
program in Indian country (see 64 FR
8247 (February 19, 1999).)
2. EPA Implementation
The CAA also provides EPA with the
authority to administer Federal
programs in Indian country. This
authority is based in part on the general
purpose of the CAA, which is national
in scope. Section 301(a) of the CAA
provides EPA broad authority to issue
regulations that are necessary to carry
out the functions of the CAA. Congress
intended for EPA to have the authority
to operate a Federal program when
Tribes choose not to develop a program,
do not adopt an approvable program, or
fail to adequately implement an air
program authorized under section
301(d) of the CAA.
Section 301(d)(4) of the CAA
authorizes the Administrator to directly
administer provisions of the CAA to
achieve the appropriate purpose where
Tribal implementation is not
appropriate or administratively not
feasible. The EPA’s interpretation of its
authority to directly implement Clean
Air Act programs in Indian country is
discussed in more detail in the Tribal
Authority Rule. See 63 FR at 7262–7263.
As mentioned previously, Tribes may,
but are not required to, submit a OSWI
plan under section 111(d) of the CAA.
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VIII. Title V Operating Permits
All existing OSWI units and air
curtain incinerators to be regulated by
the proposed OSWI Federal plan will
have to apply for and obtain a title V
operating permit. These title V operating
permits assure compliance with all
applicable Federal requirements for
regulated incineration units, including
all applicable CAA section 129
requirements. (See 40 CFR 70.6(a)(1), 40
CFR 70.2, 40 CFR 71.6(a)(1), and 40 CFR
71.2.)
The permit application deadline for a
CAA section 129 source applying for a
title V operating permit depends on
when the source first becomes subject to
the relevant title V permits program. If
your existing incineration unit is not
subject to an earlier permit application
deadline, a complete title V permit
application must be submitted by the
earlier of the following dates:
(1) 12 months after the effective date
of any applicable EPA-approved CAA
section 111(d)/129 plan (i.e., an
approved State or Tribal plan that
implements the OSWI emission
guidelines);
(2) 12 months after the effective date
of any applicable Federal plan; or
(3) December 16, 2008.
For any existing incineration unit not
subject to an earlier permit application
deadline, the application deadline of 36
months after the promulgation of 40
CFR part 60, subpart FFFF, applies
regardless of whether or when any
applicable Federal plan is effective, or
whether or when any applicable CAA
section 111(d)/129 plan is approved by
EPA and becomes effective. (See CAA
sections 129(e), 503(c), 503(d), and
502(a) and 40 CFR parts70.5(a)(1)(i) and
40 CFR 71.5(a)(1)(i).)
If your incineration unit is subject to
title V as a result of some triggering
requirement(s) other than those
mentioned above (for example, a unit
may be a major source or part of a major
source), then you may be required to
apply for a title V operating permit for
that unit prior to the deadlines specified
above. If more than one requirement
triggers a source’s obligation to apply for
a title V operating permit, the 12-month
timeframe for filing a title V permit
application is triggered by the
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requirement which first causes the
source to be subject to title V. (See CAA
section 503(c) and 40 CFR parts 70.3(a)
and (b), 40 CFR 70.5(a)(1)(i), 40 CFR
71.3(a) and (b), and 40 CFR
71.5(a)(1)(i).)
For additional background
information on the interface between
CAA section 129 and title V, including
EPA’s interpretation of CAA section
129(e), as well as information on
submitting title V permit applications,
updating existing title V permit
applications and reopening existing title
V permits, see the final Federal Plan for
Commercial and Industrial Solid Waste
Incinerators, October 3, 2003 (68 FR
57518, 57532), as well as the ‘‘Summary
of Public Comments and Responses’’
document in EPA’s OSWI emission
guidelines docket (EPA–HQ–OAR–
2003–0156).
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Title V and Delegation of a Federal plan
We have previously stated our
position that issuance of a Title V
permit is not equivalent to the approval
of a State plan or delegation of a Federal
plan. Legally, delegation of a standard
or requirement results in a delegated
State or Tribe standing in for EPA as a
matter of Federal law. This means that
obligations a source may have to the
EPA under a Federally promulgated
standard become obligations to a State
(except for functions that the EPA
retains for itself) upon delegation.4
Although a State or Tribe may have the
authority under State or Tribal law to
incorporate section 111/129
requirements into its title V permits,
and implement and enforce these
requirements in these permits without
first taking delegation of the section
111/129 Federal plan, the State or Tribe
is not standing in for EPA as a matter
of Federal law in this situation. Where
a State or Tribe does not take delegation
of a section 111/129 Federal plan,
obligations that a source has to EPA
under the Federal plan continue after a
title V permit is issued to the source. As
a result, the EPA continues to maintain
that an approved part 70 operating
permits program cannot be used as a
mechanism to transfer the authority to
implement and enforce the Federal plan
from the EPA to a State or Tribe.
As mentioned above, a State or Tribe
may have the authority under State or
Tribal law to incorporate section 111/
129 requirements into its title V permits,
and implement and enforce these
requirements in that context without
4 If the Administrator chooses to retain certain
authorities under a standard, those authorities
cannot be delegated, e.g., alternative methods of
demonstrating compliance.
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first taking delegation of the section
111/129 Federal plan.5 Some States or
Tribes, however, may not be able to
implement and enforce a section 111/
129 standard in a title V permit until the
section 111/129 standard has been
delegated. In these situations, a State or
Tribe should not issue a part 70 permit
to a source subject to a Federal plan
before taking delegation of the section
111/129 Federal plan.
If a State or Tribe can provide an
Attorney General’s (AG’s) opinion
delineating its authority to incorporate
section 111/129 requirements into its
Title V permits, and then implement
and enforce these requirements through
its Title V permits without first taking
delegation of the requirements, then a
State or Tribe does not need to take
delegation of the section 111/129
requirements for purposes of title V
permitting.6 In practical terms, without
approval of a State or Tribal plan,
delegation of a Federal plan, or an
adequate AG’s opinion, States and
Tribes with approved part 70 permitting
programs open themselves up to
potential questions regarding their
authority to issue permits containing
section 111/129 requirements, and to
assure compliance with these
requirements. Such questions could
lead to the issuance of a notice of
deficiency for a State’s or Tribe’s part 70
program. As a result, prior to a State or
Tribal permitting authority drafting a
part 70 permit for a source subject to a
section 111/129 Federal plan, the State
or Tribe, EPA Regional Office, and
source in question are advised to ensure
that delegation of the relevant Federal
plan has taken place or that the
permitting authority has provided to the
EPA Regional Office an adequate AG’s
opinion.
In addition, if a permitting authority
chooses to rely on an AG’s opinion and
not take delegation of a Federal plan, a
section 111/129 source subject to the
Federal plan in that State must
simultaneously submit to both EPA and
the State or Tribe all reports required by
the standard to be submitted to the EPA.
Given that these reports are necessary to
5 The EPA interprets the phrase ‘‘assure
compliance’’ in section 502(b)(5)(A) to mean that
permitting authorities will implement and enforce
each applicable standard, regulation, or
requirement which must be included in the title V
permits the permitting authorities issue. See
definition of ‘‘applicable requirement’’ in 40 CFR
70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1).
6 It is important to note that an AG’s opinion
submitted at the time of initial title V program
approval is sufficient if it demonstrates that a State
or Tribe has adequate authority to incorporate CAA
section 111/129 requirements into its title V
permits, and to implement and enforce these
requirements through its title V permits without
delegation.
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implement and enforce the section 111/
129 requirements when they have been
included in title V permits, the
permitting authority needs to receive
these reports at the same time as the
EPA.
In the situation where a permitting
authority chooses to rely on an AG’s
opinion and not take delegation of a
Federal plan, EPA Regional Offices will
be responsible for implementing and
enforcing section 111/129 requirements
outside of any title V permits. Moreover,
in this situation, EPA Regional Offices
will continue to be responsible for
developing progress reports, and
conducting any other administrative
functions required under this Federal
plan or any other section 111/129
Federal plan. See the section IV.J. of this
preamble titled ‘‘Progress Reports’’.
It is important to note that the EPA is
not using its authority under 40 CFR
part 70.4(i)(3) to request that all States
and Tribes which do not take delegation
of this Federal plan submit
supplemental AG’s opinions at this
time. However, the EPA Regional
Offices shall request, and permitting
authorities shall provide, such opinions
when the EPA questions a State’s or
Tribe’s authority to incorporate section
111/129 requirements into a title V
permit, and implement and enforce
these requirements in that context
without delegation.
IX. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden.
However, the information collection
requirements in the proposed rules have
been previously submitted for approval
to OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq. and has been
assigned OMB control number 2060–
0562 for the proposed rule and the
emission guideline (ICR No. 2164.02 for
40 CFR part 60 subpart FFFF). A copy
of the OMB approved Information
Collection Request (ICR) may be
obtained from Susan Auby by mail at
the Collection Strategies Division, U.S.
Environmental Protection Agency
(2822T), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460, or by
calling (202) 566–1672.
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This ICR reflects the burden estimate
for the emission guidelines which were
promulgated in the Federal Register on
December 16, 2005. The burden
estimate includes the burden associated
with State or Tribal plans as well as the
burden associated with the proposed
Federal plan. Consequently, the burden
estimates described below overstate the
information collection burden
associated with the Federal plan.
However, upon approval by EPA, a State
or Tribal plan becomes Federally
enforceable. Therefore, it is important to
estimate the full burden associated with
the State or Tribal plans and the Federal
plan. As State or Tribal plans are
approved, the Federal plan burden will
decrease, but the overall burden of the
State or Tribal plans and the Federal
plan will remain the same.
The proposed rules contain
monitoring, reporting, and
recordkeeping requirements.
Information specified in the emission
guidelines would be used by States or
EPA to identify existing units subject to
the State or Federal plans that
implement the emission guidelines, and
to ensure that these units comply with
their emission limits and other
requirements. Records and reports
would be necessary to enable EPA or
States to identify waste incineration
units that may not be in compliance
Average
annual hours
Affected entity
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Industry ................................................................................
Implementing agency ...........................................................
EPA expects the emission guidelines
to affect a maximum of 248 OSWI units
over the first 3 years. There are no
capital, start-up, or operation and
maintenance costs for existing units
during the first 3 years, because
compliance with the emission
guidelines is not required until 5 years
after promulgation of the emission
guidelines (or 3 years after the effective
date of approval of a State or Federal
plan to implement the guidelines). Costs
in the first 3 years include time to
review the guidelines and the State or
Federal plan. The implementing agency
will not incur any capital or start-up
costs.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
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Labor costs
3,803
383
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 or any
other statute unless the agency certifies
that the proposed rules will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small government organizations, and
small government jurisdictions.
For purposes of assessing the impacts
of the proposed rules on small entities,
small entity is defined as follows:
1. A small business that is an ultimate
parent entity in the regulated industry
that has a gross annual revenue less
than $6.5 million (this varies by
industry category, ranging up to $10.5
million for North American Industrial
Classification System (NAICS) code
562213 (VSMWC)), based on Small
Business Administration’s size
standards;
2. a small governmental jurisdiction
that is a government of a city, county,
town, school district or special district
with a population of less than 50,000; or
3. a small organization that is any notfor-profit enterprise that is
independently owned and operated and
is not dominant in its field.
After considering the economic
impacts of the proposed rules on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
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with the requirements. Based on
reported information, EPA would
decide which units and what records or
processes should be inspected.
These recordkeeping and reporting
requirements are specifically authorized
by CAA section 114 (42 U.S.C. 7414).
All information submitted to EPA for
which a claim of confidentiality is made
will be safeguarded according to EPA
policies in 40 CFR part 2, subpart B,
Confidentiality of Business Information.
The estimated average annual burden
for the first 3 years after promulgation
of the emission guidelines for industry
and the implementing agency is
outlined below.
Capital costs
$174,703
17,611
numbers for our regulations are listed in
40 CFR part 9.
75827
$0
0
O&M costs
$0
0
Total annual
costs
$174,703
17,611
The economic impacts on small entities
will not be significant because the cost
of the proposed rules is expected to
range from negligible to actual cost
savings. EPA expects that the majority
of these entities may realize a cost
savings under the likely response to the
proposed rules.
Alternative waste disposal methods,
such as land filling, are available for
OSWI units. During development of the
underlying EG, our analysis using
model plants and a supplemental
analysis using site-specific data both
supported the idea that the annual cost
to landfill waste will typically be less
than the annual cost of using an OSWI
unit for waste disposal. Thus, the likely
response to the proposed Federal
implementation plan will be for small
entities that own and operate OSWI
units to close the units and use an
alternative waste disposal method. More
detailed information about these
analyses is available in the docket for
the underlying EG (see Revised
Economic Analysis for Other Solid
Waste Incineration (OSWI) Units,
November 2005; and Impacts of Other
Solid Waste Incinerator Rule on
Affected Small Entities, November 2005
in Docket ID No. EPA–HQ–OAR–2003–
0156).
The Small Business Administration’s
Office of Advocacy (SBA) expressed
concerns that EPA’s certification that
the proposed emission guidelines would
not have a significant economic impact
on a substantial number of small entities
is not based on an adequate analysis of
IWI units operated by small entities. In
response to SBA’s public comment, we
conducted further detailed analyses (as
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summarized in this preamble and
available in the docket) and sent small
entity outreach surveys requesting
information regarding the use of solid
waste incinerators at schools to eight
entities (identified by SBA) associated
with schools. All responses from the
small entity outreach survey, with one
exception, indicate that incinerators are
not being used by the respondents. The
one exception regards an institution that
owns/operates pathological waste
incinerators, which are excluded from
regulation under the standards and
guidelines.
Although the underlying EG rules will
not have a significant economic impact
on a substantial number of small
entities, EPA nonetheless has tried to
reduce the impact of the rules on small
entities. The final EG rules provide
various exclusions for some sources that
may find it unreasonably costly to
comply with the rules or utilize
alternative disposal options. These
exclusions should provide relief for
many small entities for which a
reasonable disposal alternative is
unavailable. In addition, to ensure that
affected sources were aware of the
proposed rules, EPA sent fact sheets to
361 existing OSWI units in our
inventory and an additional 125 fact
sheets to trade organizations and
interest groups that represented
potential OSWI unit owners/operators.
The fact sheets explained the proposed
regulations, the anticipated costs and
impacts to their facilities, and how they
could submit comments. None of the
facilities or interest groups submitted
comments on the proposed OSWI rules
or on the cost or other impacts EPA
anticipated due to the rulemaking and,
in fact, about one-third of the 361
facilities informed us that they no
longer own or operate an incineration
unit. We continue to be interested in the
potential impacts of the proposed rule
on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995, Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local,
and Tribal governments, in the
aggregate, or by the private sector, of
$100 million or more in any 1 year.
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Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the proposed rules. The provisions of
section 205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if EPA
publishes with the final rule an
explanation why that alternative was
not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including Tribal governments, EPA
must develop a small government
agency plan under section 203 of the
UMRA. The plan must provide for
notifying potentially affected small
governments, enabling officials of
affected small governments to have
meaningful and timely input in the
development of EPA’s regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
The EPA has determined that the
proposed rules do not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and Tribal governments, in the
aggregate, or the private sector in any 1
year. In the preamble promulgating the
emissions guidelines, we presented our
expectation that most OSWI units
would close and utilize an economical
alternative waste disposal method rather
than complying with the final rules,
rendering the cost impacts negligible.
Thus, the final EG, and by extension the
proposed Federal plan, are not subject
to the requirements of section 202 and
205 of the UMRA. In addition, EPA has
determined that the proposed rules
contain no regulatory requirements that
might significantly or uniquely affect
small governments because the burden
is small and the regulations do not
unfairly apply to small governments.
Therefore, the proposed rules are not
subject to the requirements of section
203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
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have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
Under section 6 of Executive Order
13132, EPA may not issue a regulation
that imposes substantial direct
compliance costs, and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. Also, EPA may not issue a
regulation that has federalism
implications and that preempts State
law, unless EPA consults with State and
local officials early in the process of
developing the proposed regulation.
The proposed rules do not have
federalism implications. They will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The proposed
rules will not impose substantial direct
compliance costs on State or local
governments, and will not preempt
State law. Thus, Executive Order 13132
does not apply to the proposed rules.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, (65 FR 67249,
November 9, 2000), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
Tribal officials in the development of
regulatory policies that have Tribal
implications.’’ The proposed rule does
not have Tribal implications, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to the proposed rules.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 (62 FR 19885,
April 23, 1997), applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
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EPA must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives EPA considered.
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that are based on
health or safety risks, such that the
analysis required under section 5–501 of
the Executive Order has the potential to
influence the regulation. The proposed
rules are not subject to Executive Order
13045 because they are based on
technology performance and not on
health and safety risks. Also, the
proposed rules are not ‘‘economically
significant.’’
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR28355; May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113;
15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in their
regulatory and procurement activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, business
practices) developed or adopted by one
or more voluntary consensus bodies.
The NTTAA directs EPA to provide
Congress, through annual reports to
OMB, with explanations when an
agency does not use available and
applicable voluntary consensus
standards.
The proposed rules involve technical
standards. The EPA proposes to use
EPA Methods 1, 2, 3A, 3B, 4, 5, 6 or 6C,
7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or
10B, 23, 26A, and 29 of 40 CFR part 60,
appendix A.
Consistent with the NTTAA, EPA
conducted searches to identify
voluntary consensus standards in
addition to these EPA methods. No
applicable voluntary consensus
standards were identified for EPA
Methods 7D, 9, and 10A. The search and
review results have been documented
and are placed in the docket for the
OSWI emission guidelines.
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One voluntary consensus standard
was identified as an acceptable
alternative to EPA test methods for the
purposes of the proposed rules. The
voluntary consensus standard ASME
PTC 19–10–1981–Part 10, ‘‘Flue and
Exhaust Gas Analyses,’’ is cited in the
emission guidelines and the proposed
rules for its manual methods for
measuring the nitrogen oxide, oxygen,
and sulfur dioxide content of exhaust
gas. These parts of ASME PTC 19–10–
1981–Part 10 are acceptable alternatives
to Methods 3B, 6, 7, and 7C.
The search for emissions
measurement procedures identified 29
voluntary consensus standards
applicable to the proposed rules. The
EPA determined these 29 standards
identified for measuring emissions of
Cd, CO, dioxins/furans, HCl, Hg, Pb,
PM, NOX, and SO2 subject to the
emission limits were impractical
alternatives to EPA test methods for the
purposes of the proposed rules.
Therefore, EPA does not intend to adopt
the standards for this purpose. (See
Docket ID No. EPA–HQ–OAR–2003–
0156 for further information on the
methods.)
Four of the 29 voluntary consensus
standards identified in this search were
not available at the time the review was
conducted because they are under
development by a voluntary consensus
body: ASME/BSR MFC 13M, ‘‘Flow
Measurement by Velocity Traverse,’’ for
EPA Method 2 (and possibly 1); ASME/
BSR MFC 12M, ‘‘Flow in Closed
Conduits Using Multiport Averaging
Pitot Primary Flowmeters,’’ for EPA
Method 2; ISO/DIS 12039, ‘‘Stationary
Source Emissions-Determination of
Carbon Monoxide, Carbon Dioxide, and
Oxygen-Automated Methods’’ for EPA
Method 3A; and ASTM Z6590Z,
‘‘Manual Method for Both Speciated and
Elemental Mercury’’ for EPA Method 29
(portion for Hg only).
Tables 2 and 4 of subpart FFFF of 40
CFR part 60 list the EPA testing
methods from the underlying EG that
would be included in the proposed
rules. Under 40 CFR part 60.8(b) and
60.13(i) of subpart A (General
Provisions), a source may apply to EPA
for permission to use alternative test
methods or alternative monitoring
requirements in place of any of the EPA
testing methods, performance
specifications, or procedures.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
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75829
Dated: December 8, 2006.
Stephen L. Johnson,
Administrator.
40 CFR part 62 is proposed to be
amended as follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 62.13 is amended by
revising paragraph (e) to read as follows:
§ 62.13
Federal plans.
*
*
*
*
*
(e) The substantive requirements of
the other solid waste incineration units
Federal plan are contained in subpart
KKK of this part. These requirements
include emission limits, compliance
schedules, testing, monitoring, and
reporting and recordkeeping
requirements.
3. Part 62 is amended by adding a
new subpart KKK to read as follows:
Subpart KKK—Federal Plan Requirements
for Other Solid Waste Incineration Units
That Commenced Construction on or
Before December 9, 2004
Sec.
Introduction
62.15450 What is the purpose of this
subpart?
62.15455 What are the principal
components of this subpart?
Applicability
62.15460 Am I subject to this subpart?
62.15470 Can my OSWI unit be covered by
both a State plan and this subpart?
62.15475 How do I determine if my OSWI
unit is covered by an approved and
effective State or Tribal plan?
62.15480 If my OSWI unit is not listed in
the Federal plan inventory, am I exempt
from this subpart?
62.15485 Can my combustion unit be
exempt from this subpart?
62.15495 When must I submit any records
required pursuant to an exemption
allowed under § 62.15485?
62.15500 Are air curtain incinerators
regulated under this subpart?
Compliance Schedule and Increments of
Progress
62.15505 When must I comply with this
subpart if I plan to continue operation of
my OSWI unit?
62.15510 What must I do if I plan to
permanently close my OSWI unit and
not restart it?
62.15515 What must I do if I close my
OSWI unit and then restart it?
Waste Management Plan
62.15520 What is a waste management
plan?
62.15525 When must I submit my waste
management plan?
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62.15530 What should I include in my
waste management plan?
Operator Training and Qualification
62.15535 What are the operator training and
qualification requirements?
62.15545 When must the operator training
course be completed?
62.15550 How do I obtain my operator
qualification?
62.15555 How do I maintain my operator
qualification?
62.15560 How do I renew my lapsed
operator qualification?
62.15565 What site-specific documentation
is required?
62.15570 What if all the qualified operators
are temporarily not accessible?
Emission Limitations and Operating Limits
62.15575 What emission limitations must I
meet and by when?
62.15585 What operating limits must I meet
and by when?
62.15595 What if I do not use a wet
scrubber to comply with the emission
limitations?
62.15605 What happens during periods of
startup, shutdown, and malfunction?
Performance Testing
62.15610 How do I conduct the initial and
annual performance test?
62.15615 How are the performance test data
used?
Initial Compliance Requirements
62.15620 How do I demonstrate initial
compliance with the emission
limitations and establish the operating
limits?
62.15630 By what date must I conduct the
initial performance test?
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Continuous Compliance Requirements
62.15635 How do I demonstrate continuous
compliance with the emission
limitations and the operating limits?
62.15645 By what date must I conduct the
annual performance test?
62.15650 May I conduct performance
testing less often?
62.15660 May I conduct a repeat
performance test to establish new
operating limits?
Monitoring
62.15665 What continuous emission
monitoring systems must I install?
62.15675 How do I make sure my
continuous emission monitoring systems
are operating correctly?
62.15685 What is my schedule for
evaluating continuous emission
monitoring systems?
62.15690 What is the minimum amount of
monitoring data I must collect with my
continuous emission monitoring
systems, and is the data collection
requirement enforceable?
62.15700 How do I convert my 1-hour
arithmetic averages into the appropriate
averaging times and units?
62.15705 What operating parameter
monitoring equipment must I install, and
what operating parameters must I
monitor?
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62.15710 Is there a minimum amount of
operating parameter monitoring data I
must obtain?
Delegation of Authority
62.15840 What authorities are withheld by
the EPA?
Recordkeeping and Reporting
Equations
62.15845 What equations must I use?
62.15715 What records must I keep?
62.15725 Where and in what format must I
keep my records?
62.15730 What reports must I submit?
62.15740 What information must I submit
following my initial performance test?
62.15745 When must I submit my annual
report?
62.15750 What information must I include
in my annual report?
62.15755 What else must I report if I have
a deviation from the operating limits or
the emission limitations?
62.15760 What must I include in the
deviation report?
62.15765 What else must I report if I have
a deviation from the requirement to have
a qualified operator accessible?
62.15770 Are there any other notifications
or reports that I must submit?
62.15775 In what form can I submit my
reports?
62.15780 Can reporting dates be changed?
Air Curtain Incinerators That Burn 100
Percent Wood Waste, Clean Lumber and/or
Yard Waste
62.15785 What is an air curtain incinerator?
62.15790 When must I comply if my air
curtain incinerator burns only wood
waste, clean lumber, and yard waste?
62.15795 What must I do if I close my air
curtain incinerator that burns only wood
waste, clean lumber, and yard waste and
then restart it?
62.15800 What must I do if I plan to
permanently close my air curtain
incinerator that burns only wood waste,
clean lumber, and yard waste and not
restart it?
62.15805 What are the emission limitations
for air curtain incinerators that burn only
wood waste, clean lumber and yard
waste?
62.15810 How must I monitor opacity for
air curtain incinerators that burn only
wood waste, clean lumber and yard
waste?
62.15815 What are the recordkeeping and
reporting requirements for air curtain
incinerators that burn only wood waste,
clean lumber, and yard waste?
62.15820 Am I required to apply for and
obtain a title V operating permit for my
air curtain incinerator that burns only
wood waste, clean lumber, and yard
waste?
Title V Operating Permits
62.15825 Am I required to apply for and
obtain a title V operating permit for my
existing unit?
62.15830 When must I submit a title V
permit application for my existing unit?
Temporary-Use Incinerators and Air Curtain
Incinerators Used In Disaster Recovery
62.15835 What are the requirements for
temporary-use incinerators and air
curtain incinerators used in disaster
recovery?
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Definitions
62.15850 What definitions must I know?
Tables to Subpart KKK of Part 62
Table 1 of Subpart KKK of Part 62—Emission
Limitations
Table 2 of Subpart KKK of Part 62—
Operating Limits for Incinerators and Wet
Scrubbers
Table 3 of Subpart KKK of Part 62—
Requirements for Continuous Emission
Monitoring Systems (CEMS)
Table 4 of Subpart KKK of Part 62—Summary
of Reporting Requirements
Subpart KKK—Federal Plan
Requirements for Other Solid Waste
Incineration Units That Commenced
Construction on or Before December 9,
2004
Introduction
§ 62.15450
subpart?
What is the purpose of this
(a) This subpart establishes emission
requirements and compliance schedules
for the control of emissions from other
solid waste incineration (OSWI) units
that are not covered by an EPA
approved and currently effective State
or Tribal plan. The pollutants addressed
by these emission requirements are
listed in Table 1 of this subpart. These
emission requirements are developed in
accordance with sections 111 and 129 of
the Clean Air Act and subpart B of 40
CFR part 60.
(b) In this subpart, ‘‘you’’ means the
owner or operator of an OSWI unit or
air curtain incinerator subject to this
subpart.
§ 62.15455 What are the principal
components of this subpart?
This subpart contains the twelve
major components listed in paragraphs
(a) through (l) of this section.
(a) Compliance schedule.
(b) Waste management plan.
(c) Operator training and
qualification.
(d) Emission limitations and operating
limits.
(e) Performance testing.
(f) Initial compliance requirements.
(g) Continuous compliance
requirements.
(h) Monitoring.
(i) Recordkeeping and reporting.
(j) Definitions.
(k) Equations
(l) Tables.
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Applicability
§ 62.15460
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate an OSWI unit as
defined in § 62.15850, or an air curtain
incinerator subject to this subpart as
defined in § 62.15785. OSWI units are
very small municipal waste combustion
units and institutional waste
incineration units as defined in
§ 62.15850. Units subject to this subpart
meet the criteria described in
paragraphs (a)(1) through (a)(3) of this
section.
(1) Construction of your incineration
unit commenced on or before November
December 9, 2004.
(2) Your incineration unit is not
exempt under § 62.15485.
(3) Your incineration unit is not
regulated by an EPA approved and
currently effective State or Tribal plan,
or your incineration unit is located in
any State whose approved State or
Tribal plan is subsequently vacated in
whole or in part.
(b) If the owner or operator of an
incineration unit subject to this subpart
makes changes that meet the definition
of modification or reconstruction on or
after June 16, 2006, that unit becomes
subject to subpart EEEE of 40 CFR part
60 (New Source Performance Standards
for Other Solid Waste Incineration
Units) and this subpart no longer
applies to that unit.
(c) If you make physical or
operational changes to your existing
incineration unit primarily to comply
with this subpart, then such changes do
not qualify as modifications or
reconstructions under subpart EEEE of
40 CFR part 60.
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§ 62.15470 Can my OSWI unit be covered
by both a State plan and this subpart?
(a) If your OSWI unit is located in a
State that does not have an EPAapproved State plan or your State’s plan
has not become effective, this subpart
applies to your OSWI unit until the EPA
approves a State plan that covers your
OSWI unit and that State plan becomes
effective. However, a State may enforce
the requirements of a State regulation
while your OSWI unit is still subject to
this subpart.
(b) After the EPA approves a State
plan covering your OSWI unit, and after
that State plan becomes effective, you
will no longer be subject to this subpart
and will only be subject to the approved
and effective State plan.
§ 62.15475 How do I determine if my OSWI
unit is covered by an approved and
effective State or Tribal plan?
This part (40 CFR part 62) contains a
list of State and Tribal areas with
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approved Clean Air Act section 111(d)
and section 129 plans along with the
effective dates for such plans. The list
is published annually. If this part does
not indicate that your State or Tribal
area has an approved and effective plan,
you should contact your State
environmental agency’s air director or
your EPA Regional Office to determine
if the EPA has approved a State plan
covering your unit since publication of
the most recent version of this subpart.
§ 62.15480 If my OSWI unit is not listed in
the Federal plan inventory, am I exempt
from this subpart?
Not necessarily. Sources subject to
this subpart are not limited to the
inventory of sources listed in Docket
No. EPA–HQ–OAR–2006–0364 for the
Federal plan. If your incineration unit
meets the applicability criteria in
§ 62.15460, this subpart applies to you
whether or not your unit is listed in the
Federal plan inventory in the docket.
§ 62.15485 Can my combustion unit be
exempt from this subpart?
This subpart exempts the types of
units described in paragraphs (a)
through (q) of this section from
complying with the requirements of this
subpart except for the requirements
specified in this section.
(a) Cement kilns. The unit is excluded
if it is regulated under subpart LLL of
part 63 of this chapter (National
Emission Standards for Hazardous Air
Pollutants from the Portland Cement
Manufacturing Industry).
(b) Co-fired combustors. The unit, that
would otherwise be considered a very
small municipal waste combustion unit,
is excluded if the owner/operator of the
unit meets the following five
requirements:
(1) Has a Federally enforceable permit
limiting the combustion of municipal
solid waste to 30 percent of the total
fuel input by weight.
(2) Notifies the Administrator that the
unit qualifies for the exclusion.
(3) Provides the Administrator with a
copy of the Federally enforceable
permit.
(4) Records the weights, each calendar
quarter, of municipal solid waste and of
all other fuels combusted.
(5) Keeps each report for 5 years.
These records must be kept on site for
at least 2 years, but may be kept off site
for the remaining 3 years.
(c) Cogeneration facilities. The unit is
excluded if it meets the three
requirements specified in paragraphs
(c)(1) through (3) of this section.
(1) The unit qualifies as a
cogeneration facility under section
3(18)(B) of the Federal Power Act (16
U.S.C. 796(18)(B)).
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(2) The unit burns homogeneous
waste (not including refuse-derived
fuel) to produce electricity and steam or
other forms of energy used for
industrial, commercial, heating, or
cooling purposes.
(3) The owner/operator of the unit
notifies the Administrator that the unit
meets all of these criteria.
(d) Commercial and industrial solid
waste incineration units. The unit is
excluded if it is regulated under
subparts CCCC or DDDD of part 60 or
subpart III of part 62 and is required to
meet the emission limitations
established in those subparts.
(e) Hazardous waste combustion
units. The unit is excluded if it meets
either of the two criteria specified in
paragraph (e)(1) or (2) of this section.
(1) The owner/operator of the unit is
required to get a permit for the unit
under section 3005 of the Solid Waste
Disposal Act.
(2) The unit is regulated under 40 CFR
part 63, subpart EEE (National Emission
Standards for Hazardous Air Pollutants
from Hazardous Waste Combustors).
(f) Hospital/medical/infectious waste
incinerators. The unit is excluded if it
is regulated under subparts Ce or Ec of
part 60 (New Source Performance
Standards and Emission Guidelines for
Hospital/Medical/Infectious Waste
Incinerators) or subpart HHH of part 62
(Federal Plan Requirements for
Hospital/Medical/Infectious Waste
Incinerators Constructed on or before
June 20, 1996).
(g) Incinerators and air curtain
incinerators in isolated areas of Alaska.
The incineration unit is excluded if it is
used at a solid waste disposal site in
Alaska that is classified as a Class II or
Class III municipal solid waste landfill,
as defined in § 62.15850.
(h) Rural institutional waste
incinerators. The incineration unit is
excluded if it is an institutional waste
incinerator, as defined in § 62.15850,
and the application for exclusion
described in paragraphs (h)(1) and (2) of
this section has been approved by the
Administrator.
(1) Prior to 1 year before the final
compliance date, an application and
supporting documentation
demonstrating that the institutional
waste incineration unit meets the two
requirements specified in paragraphs
(h)(1)(i) and (ii) of this section must be
submitted to the Administrator for
approval.
(i) The unit is located more than 50
miles from the boundary of the nearest
Metropolitan Statistical Area,
(ii) Alternative disposal options are
not available or are economically
infeasible,
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(2) The application described in
paragraph (h)(1) of this section must be
revised and resubmitted to the
Administrator for approval every 5 years
following the initial approval of the
exclusion for your unit.
(3) If you re-applied for an exclusion
pursuant to paragraph (h)(2) of this
section and were denied exclusion by
the Administrator, you have 3 years
from the expiration date of the current
exclusion to comply with the emission
limits and all other applicable
requirements of this subpart.
(i) Institutional boilers and process
heaters. The unit is excluded if it is
regulated under 40 CFR part 63, subpart
DDDDD (National Emission Standards
for Hazardous Air Pollutants for
Industrial, Commercial, and
Institutional Boilers and Process
Heaters).
(j) Laboratory Analysis Units. The unit
is excluded if it burns samples of
materials only for the purpose of
chemical or physical analysis.
(k) Materials recovery units. The unit
is excluded if it combusts waste for the
primary purpose of recovering metals.
Examples include primary and
secondary smelters.
(l) Pathological waste incineration
units. An institutional waste
incineration unit or very small
municipal waste combustion unit is
excluded from this subpart if it burns 90
percent or more by weight (on a
calendar quarter basis and excluding the
weight of auxiliary fuel and combustion
air) of pathological waste, low-level
radioactive waste, and/or
chemotherapeutic waste as defined in
§ 62.15850 and the owner/operator of
the unit meets the criteria specified in
paragraphs (l)(1) and (2) of this section.
(1) Notify the Administrator that the
unit meets these criteria.
(2) Keeps 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.
(m) Small or large municipal waste
combustion units. The unit is excluded
if it is regulated under 40 CFR part 60,
subparts AAAA, BBBB, Ea, Eb, or Cb,
and is required to meet the emission
limitations established in those
subparts. Also excluded are units
regulated under 40 CFR part 62,
subparts FFF or JJJ.
(n) Small power production facilities.
The unit is excluded if it meets the three
requirements specified in paragraphs
(n)(1) through (3) of this section.
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(1) The unit qualifies as a small
power-production facility under section
3(17)(C) of the Federal Power Act (16
U.S.C. 796(17)(C)).
(2) The unit burns homogeneous
waste (not including refuse-derived
fuel) to produce electricity.
(3) The owner/operator of the unit
notifies the Administrator that the unit
meets all of these criteria.
(o) Temporary-use incinerators and
air curtain incinerators used in disaster
recovery. The incineration unit is
excluded if it is used on a temporary
basis to combust debris from a disaster
or emergency such as a tornado,
hurricane, flood, ice storm, high winds,
or act of bioterrorism and you comply
with the requirements in § 62.15835.
(p) Units that combust contraband or
prohibited goods. The incineration unit
is excluded if the unit is owned or
operated by a government agency such
as police, customs, agricultural
inspection, or a similar agency to
destroy only illegal or prohibited goods
such as illegal drugs, or agricultural
food products that can not be
transported into the country or across
state lines to prevent biocontamination.
The exclusion does not apply to items
either confiscated or incinerated by
private, industrial, or commercial
entities.
(q) Incinerators used for national
security. Your incineration unit is
excluded if it meets the requirements
specified in either (q)(1) or (2) of this
section.
(1) The incineration unit is used
solely during military training field
exercises to destroy national security
materials integral to the field exercises.
(2) The incineration unit is used
solely to incinerate national security
materials, its use is necessary to
safeguard national security, you follow
the exclusion request requirements in
paragraphs (q)(2)(i) and (ii) of this
section, and the Administrator has
approved your request for exclusion.
(i) The request for exclusion and
supporting documentation must
demonstrate both that the incineration
unit is used solely to destroy national
security materials and that a reliable
alternative to incineration that ensures
acceptable destruction of national
security materials is unavailable, on
either a permanent or temporary basis.
(ii) The request for exclusion must be
submitted to the Administrator prior to
1 year before the final compliance date.
§ 62.15495 When must I submit any
records required pursuant to an exemption
allowed under § 62.15485?
Owners or operators of sources that
qualify for the exemptions in
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§ 62.15485(b) and (l) must submit any
records required to support their claims
of exemption to the EPA Administrator
(or delegated enforcement authority)
upon request. Upon request by any
person under the regulation at part 2 of
this chapter (or a comparable law or
regulation governing a delegated
enforcement authority), the EPA
Administrator (or delegated
enforcement authority) must request the
records in § 62.15485(b) and (l) from an
owner or operator and make such
records available to the requestor to the
extent required by part 2 of this chapter
(or a comparable law governing a
delegated enforcement authority). Any
records required under § 62.15485(b)
and (l) must be maintained by the
source for a period of at least 5 years.
Notifications of exemption claims
required under § 62.15485(b) and (l) of
this section must be maintained by the
EPA or delegated enforcement authority
for a period of at least five years. Any
information obtained from an owner or
operator of a source accompanied by a
claim of confidentiality will be treated
in accordance with the regulations in
part 2 of this chapter (or a comparable
law governing a delegated enforcement
authority).
§ 62.15500 Are air curtain incinerators
regulated under this subpart?
(a) Air curtain incinerators that burn
less than 35 tons per day of municipal
solid waste or air curtain incinerators
located at institutional facilities burning
any amount of institutional waste
generated at that facility are subject to
all requirements of this subpart,
including the emission limitations
specified in Table 1 of this subpart.
(b) Air curtain incinerators that burn
only less than 35 tons per day of the
materials listed in paragraphs (b)(1)
through (4) of this section collected
from the general public and from
residential, commercial, institutional,
and industrial sources; or, air curtain
incinerators located at institutional
facilities that burn only the materials
listed in paragraphs (b)(1) through (4) of
this section generated at that facility, are
required to meet only the requirements
in §§ 62.15785 through 62.15830 and are
exempt from all other requirements of
this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood
waste, clean lumber, and/or yard waste.
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Compliance Schedule and Increments
of Progress
§ 62.15505 When must I comply with this
subpart if I plan to continue operation of my
OSWI unit?
pwalker on PRODPC60 with PROPOSALS2
If you plan to continue operation and
come into compliance with the
requirements of this subpart by [A
DATE WILL BE INSERTED WHICH
WILL BE THREE YEARS AFTER DATE
THE FINAL RULE IS PUBLISHED IN
THE Federal Register], then you must
complete the requirements of
paragraphs (a) through (f) of this section.
(a) You must comply with the
operator training and qualification
requirements and inspection
requirements (if applicable) of this
subpart by [A DATE WILL BE
INSERTED WHICH WILL BE ONE
YEAR AFTER DATE THE FINAL RULE
IS PUBLISHED IN THE Federal
Register].
(b) You must submit a waste
management plan no later than 60 days
following the initial performance test as
specified in Table 4 of this subpart.
(c) You must achieve final compliance
by [A DATE WILL BE INSERTED
WHICH WILL BE THREE YEARS
AFTER THE DATE THE FINAL RULE IS
PUBLISHED IN THE Federal Register].
To achieve final compliance, you must
incorporate all process changes and
complete retrofit construction of control
devices, so that, if the affected CISWI
unit is brought online, all necessary
process changes and air pollution
control devices would operate as
designed.
(d) You must conduct the initial
performance test no later than [A DATE
WILL BE INSERTED WHICH WILL BE
THREE YEARS PLUS 180 DAYS AFTER
THE DATE THE FINAL RULE IS
PUBLISHED IN THE Federal Register].
(e) You must submit an initial test
report including the results of the initial
performance test no later than 60 days
following the initial performance test.
(f) You must submit a notification to
the Administrator stating whether final
compliance has been achieved,
postmarked within 10 business days
after [A DATE WILL BE INSERTED
WHICH WILL BE THREE YEARS PLUS
10 DAYS AFTER THE DATE THE
FINAL RULE IS PUBLISHED IN THE
Federal Register].
§ 62.15510 What must I do if I plan to
permanently close my OSWI unit and not
restart it?
You must close the unit before the
final compliance date on [A DATE WILL
BE INSERTED WHICH WILL BE THREE
YEARS AFTER DATE THE FINAL
RULE IS PUBLISHED IN THE Federal
Register].
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(1) You must comply with the
operator training and qualification
requirements and inspection
requirements (if applicable) of this
subpart by [A DATE WILL BE
INSERTED WHICH WILL BE ONE
YEAR AFTER DATE THE FINAL RULE
IS PUBLISHED IN THE Federal
Register].
(2) While still in operation, your
OSWI unit is subject to the same
requirement to apply for and obtain a
title V operating permit that applies to
an OSWI unit that will not be
permanently closing. See §§ 62.15825
and 62.15830.
§ 62.15515 What must I do if I close my
OSWI unit and then restart it?
(a) If you close your OSWI unit but
will reopen it prior to [A DATE WILL
BE INSERTED WHICH WILL BE THREE
YEARS AFTER DATE THE FINAL
RULE IS PUBLISHED IN THE Federal
Register], you must meet all the
requirements of § 62.15505.
(b) If you close your OSWI unit and
restart the unit after [A DATE WILL BE
INSERTED WHICH WILL BE THREE
YEARS AFTER THE DATE THE FINAL
RULE IS PUBLISHED IN THE Federal
Register] and resume operation, you
must meet all of the requirements of
§ 62.15505(a), (b), (c), and (e) at the time
you restart your OSWI unit. You must
conduct the initial performance test
within 30 days of restarting your OSWI
unit. Upon restarting your OSWI unit,
you must have incorporated all process
changes and completed retrofit
construction of control devices so that
when the affected OSWI unit is brought
online, all necessary process changes
and air pollution control devices
operate as designed.
Waste Management Plan
§ 62.15520
plan?
What is a waste management
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.
§ 62.15525 When must I submit my waste
management plan?
You must submit a waste management
plan no later than 60 days following the
initial performance test as specified in
Table 4 of this subpart
§ 62.15530 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
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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.
Operator Training and Qualification
§ 62.15535 What are the operator training
and qualification requirements?
(a) No OSWI unit can be operated
unless a fully trained and qualified
OSWI unit operator is accessible, either
at the facility or can be at the facility
within 1 hour. The trained and qualified
OSWI unit operator may operate the
OSWI unit directly or be the direct
supervisor of one or more other plant
personnel who operate the unit. If all
qualified OSWI unit operators are
temporarily not accessible, you must
follow the procedures in § 62.15570.
(b) Operator training and qualification
must be obtained through a Stateapproved program or by completing the
requirements included in paragraph (c)
of this section.
(c) Training must be obtained by
completing an incinerator operator
training course that includes, at a
minimum, the three elements described
in paragraphs (c)(1) through (3) of this
section.
(1) Training on the 13 subjects listed
in paragraphs (c)(1)(i) through (xiii) of
this section.
(i) Environmental concerns, including
types of emissions.
(ii) Basic combustion principles,
including products of combustion.
(iii) Operation of the specific type of
incinerator to be used by the operator,
including proper startup, waste
charging, and shutdown procedures.
(iv) Combustion controls and
monitoring.
(v) Operation of air pollution control
equipment and factors affecting
performance (if applicable).
(vi) Inspection and maintenance of
the incinerator and air pollution control
devices.
(vii) Methods to monitor pollutants
(including monitoring of incinerator and
control device operating parameters)
and monitoring equipment calibration
procedures, where applicable.
(viii) Actions to correct malfunctions
or conditions that may lead to
malfunction.
(ix) Bottom and fly ash characteristics
and handling procedures.
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(x) Applicable Federal, State, and
local regulations, including
Occupational Safety and Health
Administration workplace standards.
(xi) Pollution prevention.
(xii) Waste management practices.
(xiii) Recordkeeping requirements.
(2) An examination designed and
administered by the instructor.
(3) Written material covering the
training course topics that may serve as
reference material following completion
of the course.
§ 62.15545 When must the operator
training course be completed?
The operator training course must be
completed by the latest of the three
dates specified in paragraphs (a)
through (c) of this section.
(a) The final compliance date
specified in § 62.15505.
(b) Six months after your OSWI unit
startup.
(c) Six months after an employee
assumes responsibility for operating the
OSWI unit or assumes responsibility for
supervising the operation of the OSWI
unit.
§ 62.15550 How do I obtain my operator
qualification?
(a) You must obtain operator
qualification by completing a training
course that satisfies the criteria under
§ 62.15535(c).
(b) Qualification is valid from the date
on which the training course is
completed and the operator successfully
passes the examination required under
§ 62.15535(c)(2).
§ 62.15555 How do I maintain my operator
qualification?
To maintain qualification, you must
complete an annual review or refresher
course covering, at a minimum, the five
topics described in paragraphs (a)
through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including
startup and shutdown procedures, waste
charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or
conditions that may lead to
malfunction.
(e) Discussion of operating problems
encountered by attendees.
pwalker on PRODPC60 with PROPOSALS2
§ 62.15560 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
§ 62.15555.
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(b) For a lapse of 3 years or more, you
must repeat the initial qualification
requirements in § 62.15550(a).
§ 62.15565 What site-specific
documentation is required?
(a) Documentation must be available
at the facility and readily accessible for
all OSWI unit operators that addresses
the nine topics described in paragraphs
(a)(1) through (9) of this section. You
must maintain this information and the
training records required by paragraph
(c) of this section in a manner that they
can be readily accessed and are suitable
for inspection upon request.
(1) Summary of the applicable
standards under this subpart.
(2) Procedures for receiving, handling,
and charging waste.
(3) Incinerator startup, shutdown, and
malfunction procedures.
(4) Procedures for maintaining proper
combustion air supply levels.
(5) Procedures for operating the
incinerator and associated air pollution
control systems within the standards
established under this subpart.
(6) Monitoring procedures for
demonstrating compliance with the
operating limits established under this
subpart.
(7) Reporting and recordkeeping
procedures.
(8) The waste management plan
required under §§ 62.15520 through
62.15530.
(9) Procedures for handling ash.
(b) You must establish a program for
reviewing the information listed in
paragraph (a) of this section with each
incinerator operator.
(1) The initial review of the
information listed in paragraph (a) of
this section must be conducted by the
latest of three dates specified in
paragraphs (b)(1)(i) through (iii) of this
section.
(i) [A DATE WILL BE INSERTED
WHICH WILL BE THREE YEARS
AFTER DATE THE FINAL RULE IS
PUBLISHED IN THE Federal Register].
(ii) Six months after your OSWI unit
startup.
(iii) Six months after an employee
assumes responsibility for operating the
OSWI unit or assumes responsibility for
supervising the operation of the OSWI
unit.
(2) Subsequent annual reviews of the
information listed in paragraph (a) of
this section must be conducted not later
than 12 months following the previous
review.
(c) You must also maintain the
information specified in paragraphs
(c)(1) through (3) of this section.
(1) Records showing the names of
OSWI unit operators who have
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completed review of the information in
paragraph (a) of this section as required
by paragraph (b) of this section,
including the date of the initial review
and all subsequent annual reviews.
(2) Records showing the names of the
OSWI unit operators who have
completed the operator training
requirements under § 62.15535, met the
criteria for qualification under
§ 62.15550, and maintained or renewed
their qualification under § 62.15555 or
§ 62.15560. 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.
§ 62.15570 What if all the qualified
operators are temporarily not accessible?
If all qualified operators are
temporarily not accessible (i.e., not at
the facility and not able to be at the
facility within 1 hour), you must meet
one of the three criteria specified in
paragraphs (a) through (c) of this
section, depending on the length of time
that a qualified operator is not
accessible.
(a) When all qualified operators are
not accessible for 12 hours or less, the
OSWI unit may be operated by other
plant personnel familiar with the
operation of the OSWI unit who have
completed review of the information
specified in § 62.15565(a) within the
past 12 months. You do not need to
notify the Administrator or include this
as a deviation in your annual report.
(b) When all qualified operators are
not accessible for more than 12 hours,
but less than 2 weeks, the OSWI unit
may be operated by other plant
personnel familiar with the operation of
the OSWI unit who have completed a
review of the information specified in
§ 62.15565(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
§ 62.15570.
(c) When all qualified operators are
not accessible for 2 weeks or more, you
must take the two actions that are
described in paragraphs (c)(1) and (2) of
this section.
(1) Notify the Administrator of this
deviation in writing within 10 days. In
the notice, state what caused this
deviation, what you are doing to ensure
that a qualified operator is accessible,
and when you anticipate that a qualified
operator will be accessible.
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(2) Submit a status report to the EPA
every 4 weeks outlining what you are
doing to ensure that a qualified operator
is accessible, stating when you
anticipate that a qualified operator will
be accessible and requesting approval
from the EPA to continue operation of
the OSWI unit. You must submit the
first status report 4 weeks after you
notify the EPA of the deviation under
paragraph (c)(1) of this section. If the
EPA notifies you that your request to
continue operation of the OSWI unit is
disapproved, the OSWI unit may
continue operation for 90 days, then
must cease operation. Operation of the
unit may resume if you meet the two
requirements in paragraphs (c)(2)(i) and
(ii) of this section.
(i) A qualified operator is accessible
as required under § 62.15535(a).
(ii) You notify the EPA that a
qualified operator is accessible and that
you are resuming operation.
Emission Limitations and Operating
Limits
§ 62.15575 What emission limitations must
I meet and by when?
You must meet the emission
limitations specified in Table 1 of this
subpart on the date the initial
performance test is required or
completed, whichever is earlier. Section
62.15630 specifies the date by which
you are required to conduct your
performance test.
pwalker on PRODPC60 with PROPOSALS2
§ 62.15585 What operating limits must I
meet and by when?
(a) If you use a wet scrubber to
comply with the emission limitations,
you must establish operating limits for
four operating parameters (as specified
in Table 2 of this subpart) as described
in paragraphs (a)(1) through (4) of this
section during the initial performance
test.
(1) Maximum charge rate, calculated
using one of the two different
procedures in paragraphs (a)(1)(i) or (ii)
of this section, as appropriate.
(i) For continuous and intermittent
units, maximum charge rate is the
average charge rate measured during the
most recent performance test
demonstrating compliance with all
applicable emission limitations.
(ii) For batch units, maximum charge
rate is the charge rate measured during
the most recent performance test
demonstrating compliance with all
applicable emission limitations.
(2) Minimum pressure drop across the
wet scrubber, which is calculated as the
average pressure drop across the wet
scrubber measured during the most
recent performance test demonstrating
compliance with the particulate matter
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emission limitations; or minimum
amperage to the wet scrubber, which is
calculated as the average amperage to
the wet scrubber measured during the
most recent performance test
demonstrating compliance with the
particulate matter emission limitations.
(3) Minimum scrubber liquor flow
rate, which is calculated as the average
liquor flow rate at the inlet to the wet
scrubber measured during the most
recent performance test demonstrating
compliance with all applicable emission
limitations.
(4) Minimum scrubber liquor pH,
which is calculated as the average liquor
pH at the inlet to the wet scrubber
measured during the most recent
performance test demonstrating
compliance with the hydrogen chloride
and sulfur dioxide emission limitations.
(b) You must meet the operating
limits established during the initial
performance test beginning on the date
[A DATE WILL BE INSERTED WHICH
WILL BE THREE YEARS PLUS 180
DAYS AFTER THE DATE THE FINAL
RULE IS PUBLISHED IN THE Federal
Register].
§ 62.15595 What if I do not use a wet
scrubber to comply with the emission
limitations?
If you use an air pollution control
device other than a wet scrubber or limit
emissions in some other manner to
comply with the emission limitations
under § 62.15575, you must petition the
EPA for specific operating limits, the
values of which are to be established
during the initial performance test and
then continuously monitored thereafter.
You must not conduct the initial
performance test until after the petition
has been approved by the EPA. Your
petition must include the five items
listed in paragraphs (a) through (e) of
this section.
(a) Identification of the specific
parameters you propose to use as
operating limits.
(b) A discussion of the relationship
between these parameters and emissions
of regulated pollutants, identifying how
emissions of regulated pollutants
change with changes in these
parameters, and how limits on these
parameters will serve to limit emissions
of regulated pollutants.
(c) A discussion of how you will
establish the upper and/or lower values
for these parameters that will establish
the operating limits on these
parameters.
(d) A discussion identifying the
methods you will use to measure and
the instruments you will use to monitor
these parameters, as well as the relative
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75835
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.
§ 62.15605 What happens during periods
of startup, shutdown, and malfunction?
The emission limitations and
operating limits apply at all times
except during OSWI unit startups,
shutdowns, or malfunctions.
Performance Testing
§ 62.15610 How do I conduct the initial and
annual performance test?
(a) All performance tests must consist
of a minimum of three test runs
conducted under conditions
representative of normal operations.
(b) All performance tests must be
conducted using the methods in Table
1 of this subpart.
(c) All performance tests must be
conducted using the minimum run
duration specified in Table 1 of this
subpart.
(d) Method 1 of appendix A of 40 CFR
part 60 must be used to select the
sampling location and number of
traverse points.
(e) Method 3A or 3B of appendix A
of 40 CFR part 60 must be used for gas
composition analysis, including
measurement of oxygen concentration.
Method 3A or 3B of appendix A of 40
CFR part 60 must be used
simultaneously with each method.
(f) All pollutant concentrations,
except for opacity, must be adjusted to
7 percent oxygen using Equation 1 in
§ 62.15845(a).
(g) Method 26A of appendix A of 40
CFR part 60 must be used for hydrogen
chloride concentration analysis, with
the additional requirements specified in
paragraphs (g)(1) through (3) of this
section.
(1) The probe and filter must be
conditioned prior to sampling using the
procedure described in paragraphs
(g)(1)(i) through (iii) of this section.
(i) Assemble the sampling train(s) and
conduct a conditioning run by
collecting between 14 liters per minute
(0.5 cubic feet per minute) and 30 liters
per minute (1.0 cubic feet per minute)
of gas over a 1-hour period. Follow the
sampling procedures outlined in section
8.1.5 of Method 26A of appendix A of
40 CFR part 60. For the conditioning
run, water can be used as the impinger
solution.
(ii) Remove the impingers from the
sampling train and replace with a fresh
impinger train for the sampling run,
leaving the probe and filter (and
cyclone, if used) in position. Do not
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recover the filter or rinse the probe
before the first run. Thoroughly rinse
the impingers used in the
preconditioning run with deionized
water and discard these rinses.
(iii) The probe and filter assembly are
conditioned by the stack gas and are not
recovered or cleaned until the end of
testing.
(2) For the duration of sampling, a
temperature around the probe and filter
(and cyclone, if used) between 120 °C
(248 °F) and 134 °C (273 °F) must be
maintained.
(3) If water droplets are present in the
sample gas stream, the requirements
specified in paragraphs (g)(3)(i) and (ii)
of this section must be met.
(i) The cyclone described in section
6.1.4 of Method 26A of appendix A of
40 CFR part 60.
(ii) The post-test moisture removal
procedure described in section 8.1.6 of
Method 26A of appendix A of 40 CFR
part 60 must be used.
§ 62.15615 How are the performance test
data used?
You use results of performance tests
to demonstrate compliance with the
emission limitations in Table 1 of this
subpart.
Initial Compliance Requirements
§ 62.15620 How do I demonstrate initial
compliance with the emission limitations
and establish the operating limits?
You must conduct an initial
performance test, as required under
section 60.8, to determine compliance
with the emission limitations in Table 1
of this subpart of part 62 and to
establish operating limits using the
procedure in § 62.15585 or § 62.15595.
The initial performance test must be
conducted using the test methods listed
in Table 1 of this subpart and the
procedures in § 62.15610.
§ 62.15630 By what date must I conduct
the initial performance test?
The initial performance test must be
conducted no later than [A DATE WILL
BE INSERTED WHICH WILL BE THREE
YEARS PLUS 180 DAYS AFTER THE
DATE THE FINAL RULE IS PUBLISHED
IN THE Federal Register].
Continuous Compliance Requirements
pwalker on PRODPC60 with PROPOSALS2
§ 62.15635 How do I demonstrate
continuous compliance with the emission
limitations and the operating limits?
(a) You must conduct an annual
performance test for all of the pollutants
in Table 1 of this subpart for each OSWI
unit to determine compliance with the
emission limitations. The annual
performance test must be conducted
using the test methods listed in Table 2
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of this subpart and the procedures in
§ 62.15610.
(b) You must continuously monitor
carbon monoxide emissions to
determine compliance with the carbon
monoxide emissions limitation. Twelvehour rolling average values are used to
determine compliance. A 12-hour
rolling average value the carbon
monoxide emission limit in Table 1
constitutes a deviation from the
emission limitation.
(c) You must continuously monitor
the operating parameters specified in
§ 62.15585 or established under
§ 62.15595. Three-hour rolling average
values are used to determine
compliance with the operating limits
unless a different averaging period is
established under § 62.15595. A 3-hour
rolling average value (unless a different
averaging period is established under
§ 62.15595) above the established
maximum or below the established
minimum operating limits constitutes a
deviation from the established operating
limits. Operating limits do not apply
during performance tests.
§ 62.15645 By what date must I conduct
the annual performance test?
You must conduct annual
performance tests within 12 months
following the initial performance test.
Conduct subsequent annual
performance tests within 12 months
following the previous one.
§ 62.15650 May I conduct performance
testing less often?
(a) You can test less often for a given
pollutant if you have test data for at
least three consecutive annual tests, and
all performance tests for the pollutant
over that period show that you comply
with the emission limitation. In this
case, you do not have to conduct a
performance test for that pollutant for
the next 2 years. You must conduct a
performance test during the 3rd year
and no more than 36 months following
the previous performance test.
(b) If your OSWI unit continues to
meet the emission limitation for the
pollutant, you may choose to conduct
performance tests for that pollutant
every 3rd year, but each test must be
within 36 months of the previous
performance test.
(c) If a performance test shows a
deviation from an emission limitation
for any pollutant, you must conduct
annual performance tests for that
pollutant until three consecutive annual
performance tests for that pollutant all
show compliance.
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§ 62.15660 May I conduct a repeat
performance test to establish new operating
limits?
Yes. You may conduct a repeat
performance test at any time to establish
new values for the operating limits. The
Administrator may request a repeat
performance test at any time.
Monitoring
§ 62.15665 What continuous emission
monitoring systems must I install?
(a) You must install, calibrate,
maintain, and operate continuous
emission monitoring systems for carbon
monoxide and for oxygen. You must
monitor the oxygen concentration at
each location where you monitor carbon
monoxide.
(b) You must install, evaluate, and
operate each continuous emission
monitoring system according to the
‘‘Monitoring Requirements’’ in § 60.13.
§ 62.15675 How do I make sure my
continuous emission monitoring systems
are operating correctly?
(a) Conduct initial, daily, quarterly,
and annual evaluations of your
continuous emission monitoring
systems that measure carbon monoxide
and oxygen.
(b) Complete your initial evaluation of
the continuous emission monitoring
systems by the date not later than
within 180 days after [A DATE WILL BE
INSERTED WHICH WILL BE THREE
YEARS PLUS 180 DAYS AFTER THE
DATE THE FINAL RULE IS PUBLISHED
IN THE Federal Register]
(c) For initial and annual evaluations,
collect data concurrently (or within 30
to 60 minutes) using your carbon
monoxide and oxygen continuous
emission monitoring systems. To
validate carbon monoxide concentration
levels, use EPA Method 10, 10A, or 10B
of appendix A of part 60. Use EPA
Method 3 or 3A to measure oxygen.
Collect the data during each initial and
annual evaluation of your continuous
emission monitoring systems following
the applicable performance
specifications in appendix B of 40 CFR
part 60. Table 3 of this subpart shows
the required span values and
performance specifications that apply to
each continuous emission monitoring
system.
(d) Follow the quality assurance
procedures in Procedure 1 of appendix
F of 40 CFR part 60 for each continuous
emission monitoring system. The
procedures include daily calibration
drift and quarterly accuracy
determinations.
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§ 62.15685 What is my schedule for
evaluating continuous emission monitoring
systems?
(a) Conduct annual evaluations of
your continuous emission monitoring
systems no more than 12 months after
the previous evaluation was conducted.
(b) Evaluate your continuous emission
monitoring systems daily and quarterly
as specified in appendix F of 40 CFR
part 60.
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§ 62.15690 What is the minimum amount
of monitoring data I must collect with my
continuous emission monitoring systems,
and is the data collection requirement
enforceable?
(a) Where continuous emission
monitoring systems are required, obtain
1-hour arithmetic averages. Make sure
the averages for carbon monoxide are in
parts per million by dry volume at 7
percent oxygen. Use the 1-hour averages
of oxygen data from your continuous
emission monitoring system to
determine the actual oxygen level and to
calculate emissions at 7 percent oxygen.
(b) Obtain at least two data points per
hour in order to calculate a valid 1-hour
arithmetic average. Section 60.13(e)(2)
requires your continuous emission
monitoring systems to complete at least
one cycle of operation (sampling,
analyzing, and data recording) for each
15-minute period.
(c) Obtain valid 1-hour averages for at
least 75 percent of the operating hours
per day for at least 90 percent of the
operating days per calendar quarter. An
operating day is any day the unit
combusts any municipal or institutional
solid waste.
(d) If you do not obtain the minimum
data required in paragraphs (a) through
(c) of this section, you have deviated
from the data collection requirement
regardless of the emission level
monitored.
(e) If you do not obtain the minimum
data required in paragraphs (a) through
(c) of this section, you must still use all
valid data from the continuous emission
monitoring systems in calculating
emission concentrations.
(f) If continuous emission monitoring
systems are temporarily unavailable to
meet the data collection requirements,
refer to Table 3 of this subpart. It shows
alternate methods for collecting data
when systems malfunction or when
repairs, calibration checks, or zero and
span checks keep you from collecting
the minimum amount of data.
§ 62.15700 How do I convert my 1-hour
arithmetic averages into the appropriate
averaging times and units?
(a) Use Equation 1 in § 62.15845 to
calculate emissions at 7 percent oxygen.
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(b) Use Equation 2 in § 62.15845 to
calculate the 12-hour rolling averages
for concentrations of carbon monoxide.
§ 62.15705 What operating parameter
monitoring equipment must I install, and
what operating parameters must I monitor?
(a) If you are using a wet scrubber to
comply with the emission limitations
under § 62.15575, you must install,
calibrate (to manufacturers’
specifications), maintain, and operate
devices (or establish methods) for
monitoring the value of the operating
parameters used to determine
compliance with the operating limits
listed in Table 2 of this subpart. These
devices (or methods) must measure and
record the values for these operating
parameters at the frequencies indicated
in Table 2 of this subpart at all times.
(b) You must install, calibrate (to
manufacturers’ specifications),
maintain, and operate a device or
method for measuring the use of any
stack that could be used to bypass the
control device. The measurement must
include the date, time, and duration of
the use of the bypass stack.
(c) If you are using a method or air
pollution control device other than a
wet scrubber to comply with the
emission limitations under § 62.15575,
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
§ 62.15595.
§ 62.15710 Is there a minimum amount of
operating parameter monitoring data I must
obtain?
(a) Except for monitor malfunctions,
associated repairs, and required quality
assurance or quality control activities
(including, as applicable, calibration
checks and required zero and span
adjustments of the monitoring system),
you must conduct all monitoring at all
times the OSWI unit is operating.
(b) You must obtain valid monitoring
data for at least 75 percent of the
operating hours per day for at least 90
percent of the operating days per
calendar quarter. An operating day is
any day the unit combusts any
municipal or institutional solid waste.
(c) If you do not obtain the minimum
data required in paragraphs (a) and (b)
of this section, you have deviated from
the data collection requirement
regardless of the operating parameter
level monitored.
(d) Do not use data recorded during
monitor malfunctions, associated
repairs, and required quality assurance
or quality control activities for meeting
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the requirements of this subpart,
including data averages and
calculations. You must use all the data
collected during all other periods in
assessing compliance with the operating
limits.
Recordkeeping and Reporting
§ 62.15715
What records must I keep?
You must maintain the 14 items (as
applicable) as specified in paragraphs
(a) through (n) of this section for a
period of at least 5 years:
(a) Calendar date of each record.
(b) Records of the data described in
paragraphs (b)(1) through (8) of this
section.
(1) The OSWI unit charge dates,
times, weights, and hourly charge rates.
(2) Liquor flow rate to the wet
scrubber inlet every 15 minutes of
operation, as applicable.
(3) Pressure drop across the wet
scrubber system every 15 minutes of
operation or amperage to the wet
scrubber every 15 minutes of operation,
as applicable.
(4) Liquor pH as introduced to the wet
scrubber every 15 minutes of operation,
as applicable.
(5) For OSWI units that establish
operating limits for controls other than
wet scrubbers under § 62.15595, you
must maintain data collected for all
operating parameters used to determine
compliance with the operating limits.
(6) All 1-hour average concentrations
of carbon monoxide emissions.
(7) All 12-hour rolling average values
of carbon monoxide emissions and all 3hour rolling average values of
continuously monitored operating
parameters.
(8) Records of the dates, times, and
durations of any bypass of the control
device.
(c) Identification of calendar dates
and times for which continuous
emission monitoring systems or
monitoring systems used to monitor
operating limits were inoperative,
inactive, malfunctioning, or out of
control (except for downtime associated
with zero and span and other routine
calibration checks). Identify the
pollutant emissions or operating
parameters not measured, the duration,
reasons for not obtaining the data, and
a description of corrective actions taken.
(d) Identification of calendar dates,
times, and durations of malfunctions,
and a description of the malfunction
and the corrective action taken.
(e) Identification of calendar dates
and times for which monitoring data
show a deviation from the carbon
monoxide emissions limit in Table 1 of
this subpart or a deviation from the
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operating limits in Table 2 of this
subpart or a deviation from other
operating limits established under
§ 62.15595 with a description of the
deviations, reasons for such deviations,
and a description of corrective actions
taken.
(f) Calendar dates when continuous
monitoring systems did not collect the
minimum amount of data required
under §§ 62.15690 and 62.15710.
(g) For carbon monoxide continuous
emissions monitoring systems,
document the results of your daily drift
tests and quarterly accuracy
determinations according to Procedure 1
of appendix F of 40 CFR part 60.
(h) Records of the calibration of any
monitoring devices required under
§ 62.15705.
(i) The results of the initial, annual,
and any subsequent performance tests
conducted to determine compliance
with the emission limits and/or to
establish operating limits, as applicable.
Retain a copy of the complete test report
including calculations and a description
of the types of waste burned during the
test.
(j) Records showing the names of
OSWI unit operators who have
completed review of the information in
§ 62.15565(a) as required by
§ 62.15565(b), including the date of the
initial review and all subsequent annual
reviews.
(k) Records showing the names of the
OSWI unit operators who have
completed the operator training
requirements under § 62.15535, met the
criteria for qualification under
§ 62.15550, and maintained or renewed
their qualification under § 62.15555 or
§ 62.15560. Records must include
documentation of training, the dates of
the initial and refresher training, and
the dates of their qualification and all
subsequent renewals of such
qualifications.
(l) For each qualified operator, the
phone and/or pager number at which
they can be reached during operating
hours.
(m) Equipment vendor specifications
and related operation and maintenance
requirements for the incinerator,
emission controls, and monitoring
equipment.
(n) The information listed in
§ 62.15565(a).
§ 62.15725 Where and in what format must
I keep my records?
(a) You must keep each record on site
for at least two years. You may keep the
records off site for the remaining three
years.
(b) All records must be available in
either paper copy or computer-readable
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format that can be printed upon request,
unless an alternative format is approved
by the Administrator.
§ 62.15730
What reports must I submit?
See Table 4 of this subpart for a
summary of the reporting requirements.
§ 62.15740 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 § 62.15620, as applicable.
(b) The values for the site-specific
operating limits established in
§ 62.15585 or § 62.15595.
(c) The waste management plan, as
specified in §§ 62.15520 through
62.15530.
§ 62.15745
report?
When must I submit my annual
You must submit an annual report no
later than 12 months following the
submission of the information in
§ 62.15740. You must submit
subsequent reports no more than 12
months following the previous report.
§ 62.15750 What information must I
include in my annual report?
The annual report required under
§ 62.15745 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
§§ 62.15755 through 62.15765.
(a) Company name and address.
(b) Statement by the owner or
operator, with their name, title, and
signature, certifying the truth, accuracy,
and completeness of the report. Such
certifications must also comply with the
requirements of 40 CFR part 70.5(d) or
40 CFR part 71.5(d).
(c) Date of report and beginning and
ending dates of the reporting period.
(d) The values for the operating limits
established pursuant to § 62.15585 or
§ 62.15595.
(e) If no deviation from any emission
limitation or operating limit that applies
to you has been reported, a statement
that there was no deviation from the
emission limitations or operating limits
during the reporting period, and that no
monitoring system used to determine
compliance with the emission
limitations or operating limits was
inoperative, inactive, malfunctioning or
out of control.
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(f) The highest recorded 12-hour
average and the lowest recorded 12-hour
average, as applicable, for carbon
monoxide emissions and the highest
recorded 3-hour average and the lowest
recorded 3-hour average, as applicable,
for each operating parameter recorded
for the calendar year being reported.
(g) Information recorded under
§ 62.15715(b)(6) and (c) through (e) for
the calendar year being reported.
(h) If a performance test was
conducted during the reporting period,
the results of that test.
(i) If you met the requirements of
§ 62.15650(a) or (b), and did not conduct
a performance test during the reporting
period, you must state that you met the
requirements of § 62.15650(a) or (b),
and, therefore, you were not required to
conduct a performance test during the
reporting period.
(j) Documentation of periods when all
qualified OSWI unit operators were
unavailable for more than 12 hours, but
less than two weeks.
§ 62.15755 What else must I report if I have
a deviation from the operating limits or the
emission limitations?
(a) You must submit a deviation
report if any recorded 3-hour average
parameter level is above the maximum
operating limit or below the minimum
operating limit established under this
subpart, if any recorded 12-hour average
carbon monoxide emission rate is above
the emission limitation, if the control
device was bypassed, or if a
performance test was conducted showed
a deviation from any emission
limitation.
(b) The deviation report must be
submitted by August 1 of that year for
data collected during the first half of the
calendar year (January 1 to June 30), and
by February 1 of the following year for
data you collected during the second
half of the calendar year (July 1 to
December 31).
§ 62.15760 What must I include in the
deviation report?
In each report required under
§ 62.15755, for any pollutant or
operating parameter that deviated from
the emission limitations or operating
limits specified in this subpart, include
the seven items described in paragraphs
(a) through (g) of this section.
(a) The calendar dates and times your
unit deviated from the emission
limitations or operating limit
requirements.
(b) The averaged and recorded data
for those dates.
(c) Durations and causes of each
deviation from the emission limitations
or operating limits and your corrective
actions.
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(d) A copy of the operating limit
monitoring data during each deviation
and any test report that documents the
emission levels.
(e) The dates, times, number,
duration, and causes for monitor
downtime incidents (other than
downtime associated with zero, span,
and other routine calibration checks).
(f) Whether each deviation occurred
during a period of startup, shutdown, or
malfunction, or during another period.
(g) The dates, times, and durations of
any bypass of the control device.
§ 62.15765 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 two 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 EPA
every 4 weeks that includes the three
items in paragraphs (a)(2)(i) through (iii)
of this section.
(i) A description of what you are
doing to ensure that a qualified operator
is accessible.
(ii) The date when you anticipate that
a qualified operator will be accessible.
(iii) Request approval from the EPA to
continue operation of the OSWI unit.
(b) If your unit was shut down by the
EPA, under the provisions of
§ 62.15570(c)(2), due to a failure to
provide an accessible qualified operator,
you must notify the EPA that you are
resuming operation once a qualified
operator is accessible.
§ 62.15770 Are there any other
notifications or reports that I must submit?
Yes. You must submit notifications as
provided by § 60.7.
§ 62.15775
reports?
In what form can I submit my
pwalker on PRODPC60 with PROPOSALS2
Submit initial, annual, and deviation
reports electronically or in paper format,
postmarked on or before the submittal
due dates.
§ 62.15780
changed?
Can reporting dates be
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.
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75839
Air Curtain Incinerators That Burn
Only Wood Waste, Clean Lumber, and/
or Yard Waste
§ 62.15805 What are the emission
limitations for air curtain incinerators that
burn only wood waste, clean lumber, and
yard waste?
§ 62.15785 What is an air curtain
incinerator?
(a) Within 180 days after [A DATE
WILL BE INSERTED WHICH WILL BE
THREE YEARS AFTER THE DATE THE
FINAL RULE IS PUBLISHED IN THE
Federal Register], you must meet the
two limitations specified in paragraphs
(a)(1) and (2) of this section.
(1) The opacity limitation is 10
percent (6-minute average), except as
described in paragraph (a)(2) of this
section.
(2) The opacity limitation is 35
percent (6-minute average) during the
startup period that is within the first 30
minutes of operation.
(b) The limitations in paragraph (a) of
this section apply at all times except
during malfunctions.
(a) An air curtain incinerator operates
by forcefully projecting a curtain of air
across an open, integrated combustion
chamber (fire box) or open pit or trench
(trench burner) in which combustion
occurs. For the purpose of this subpart,
air curtain incinerators include both
firebox and trench burner units.
(b) Air curtain incinerators that burn
only the materials listed in paragraphs
(b)(1) through (4) of this section are
required to meet only the requirements
in §§ 62.15785 through 62.15820 and are
exempt from all other requirements of
this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood
waste, clean lumber, and/or yard waste.
§ 62.15790 When must I comply if my air
curtain incinerator burns only wood waste,
clean lumber, and yard waste?
You must achieve compliance by [A
DATE WILL BE INSERTED WHICH
WILL BE THREE YEARS AFTER THE
DATE THE FINAL RULE IS PUBLISHED
IN THE Federal Register]. You must
submit a notification to the
Administrator postmarked within 10
business days after [A DATE WILL BE
INSERTED WHICH WILL BE THREE
YEARS AFTER THE DATE THE FINAL
RULE IS PUBLISHED IN THE Federal
Register.
§ 62.15795 What must I do if I close my air
curtain incinerator that burns only wood
waste, clean lumber, and yard waste and
then restart it?
(a) If you close your incinerator and
re-start it, but will reopen it prior to the
final compliance date in your State
plan, you must achieve compliance by
[A DATE WILL BE INSERTED WHICH
WILL BE THREE YEARS AFTER THE
DATE THE FINAL RULE IS PUBLISHED
IN THE Federal Register].
(b) If you close your incinerator but
will restart it after your final compliance
date, you must meet the emission
limitations in § 62.15805 on the date
your incinerator restarts operation.
§ 62.15800 What must I do if I plan to
permanently close my air curtain
incinerator that burns only wood waste,
clean lumber, and yard waste and not
restart it?
You must close the unit before [A
DATE WILL BE INSERTED WHICH
WILL BE THREE YEARS AFTER THE
DATE THE FINAL RULE IS PUBLISHED
IN THE Federal Register].
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§ 62.15810 How must I monitor opacity for
air curtain incinerators that burn only wood
waste, clean lumber, and yard waste?
(a) Use Method 9 of appendix A of 40
CFR part 60 to determine compliance
with the opacity limitation.
(b) Conduct an initial test for opacity
as specified in § 60.8 within 180 days
after [A DATE WILL BE INSERTED
WHICH WILL BE THREE YEARS
AFTER THE DATE THE FINAL RULE IS
PUBLISHED IN THE Federal Register.
(c) After the initial test for opacity,
conduct annual tests no more than 12
months following the date of your
previous test.
(d) If the air curtain incinerator has
been out of operation for more than 12
months following the date of your
previous test, then you must conduct a
test for opacity upon startup of the unit.
§ 62.15815 What are the recordkeeping
and reporting requirements for air curtain
incinerators that burn only wood waste,
clean lumber, and yard waste?
(a) Keep records of results of all initial
and annual opacity tests in either paper
copy or computer-readable format that
can be printed upon request, unless the
Administrator approves another format,
for at least five years. You must keep
each record on site for at least two years.
You may keep the records off site for the
remaining three years.
(b) Make all records available for
submittal to the Administrator or for an
inspector’s review.
(c) You must submit the results (each
6-minute average) of the initial opacity
tests no later than 60 days following the
initial test. Submit annual opacity test
results within 12 months following the
previous report.
(d) Submit initial and annual opacity
test reports as electronic or paper copy
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on or before the applicable submittal
date.
(e) Keep a copy of the initial and
annual reports for a period of five years.
You must keep each report on site for
at least two years. You may keep the
reports off site for the remaining three
years.
§ 62.15820 Am I required to apply for and
obtain a title V operating permit for my air
curtain incinerator that burns only wood
waste, clean lumber, and yard waste?
Yes. If your air curtain incinerator is
subject to this subpart, you are required
to apply for and obtain a title V
operating permit as specified in
§§ 62.15825 and 62.15830.
Title V Operating Permits
§ 62.15825 Am I required to apply for and
obtain a title V operating permit for my
existing unit?
Yes. If you are subject to the
requirements of this subpart, you are
required to apply for and obtain a title
V operating permit unless you meet the
relevant requirements for an exemption
specified in § 62.15485.
a title V permit prior to the deadlines
specified in paragraph (a). If more than
one requirement triggers a source’s
obligation to apply for a title V permit,
the 12-month timeframe for filing a title
V permit application is triggered by the
requirement which first causes the
source to be subject to title V. (See
section 503(c) of the Clean Air Act and
40 CFR part 70.3(a) and (b), 40 CFR
parts 70.5(a)(1)(i), 40 CFR parts 71.3(a)
and (b), and 40 CFR parts 71.5(a)(1)(i).)
(c) A ‘‘complete’’ title V permit
application is one that has been
determined or deemed complete by the
relevant permitting authority under
section 503(d) of the Clean Air Act and
40 CFR parts 70.5(a)(2) or 40 CFR part
71.5(a)(2). You must submit a complete
permit application by the relevant
application deadline in order to operate
after this date in compliance with
Federal law. (See sections 503(d) and
502(a) of the Clean Air Act and 40 CFR
parts 70.7(b) and 40 CFR part 71.7(b).)
Temporary-Use Incinerators and Air
Curtain Incinerators Used in Disaster
Recovery
pwalker on PRODPC60 with PROPOSALS2
§ 62.15830 When must I submit a title V
permit application for my existing unit?
(a)(1) If your existing unit is not
subject to an earlier permit application
deadline, a complete title V permit
application must be submitted on or
before the earlier of the dates specified
in paragraphs (a)(1)(i) through (iii) of
this section. (See sections 129(e), 503(c),
503(d), and 502(a) of the Clean Air Act
and 40 CFR parts 70.5(a)(1)(i) and 40
CFR part 71.5(a)(1)(i).)
(i) 12 months after the effective date
of any applicable EPA-approved Clean
Air Act section 111(d)/129 State or
Tribal plan.
(ii) [A DATE WILL BE INSERTED
WHICH WILL BE ONE YEAR AFTER
DATE THE FINAL RULE IS PUBLISHED
IN THE Federal Register].
(iii) December 16, 2008.
(2) For any existing incineration unit
not subject to an earlier permit
application deadline, the application
deadline of 36 months after the
promulgation of 40 CFR part 60, subpart
FFFF, applies regardless of whether or
when any applicable Federal plan is
effective, or whether or when any
applicable Clean Air Act section 111(d)/
129 State or Tribal plan is approved by
the EPA and becomes effective.
(b) If your existing unit is subject to
title V as a result of some triggering
requirement(s) other than those
specified in paragraph (a) of this section
(for example, a unit may be a major
source or part of a major source), then
your unit may be required to apply for
§ 62.15835 What are the requirements for
temporary-use incinerators and air curtain
incinerators used in disaster recovery?
Your incinerator or air curtain
incinerator is excluded from the
requirements of this subpart if it is used
on a temporary basis to combust debris
from a disaster or emergency such as a
tornado, hurricane, flood, ice storm,
high winds, or act of bioterrorism. To
qualify for this exclusion, the
incinerator or air curtain incinerator
must be used to combust debris in an
area declared a State of Emergency by a
local or State government, or the
President, under the authority of the
Stafford Act, has declared that an
emergency or a major disaster exists in
the area, and you must follow the
requirements specified in paragraphs (a)
through (c) of this section.
(a) If the incinerator or air curtain
incinerator is used during a period that
begins on the date the unit started
operation and lasts 8 weeks or less
within the boundaries of the same
emergency or disaster declaration area,
then it is excluded from the
requirements of this subpart. You do not
need to notify the Administrator of its
use or meet the emission limitations or
other requirements of this subpart.
(b) If the incinerator or air curtain
incinerator will be used during a period
that begins on the date the unit started
operation and lasts more than 8 weeks
within the boundaries of the same
emergency or disaster declaration area,
you must notify the EPA that the
temporary-use incinerator or air curtain
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incinerator will be used for more than
8 weeks and request permission to
continue to operate the unit as specified
in paragraphs (b)(1) and (2) of this
section.
(1) The notification must be submitted
in writing by the date 8 weeks after you
start operation of the temporary-use
incinerator or air curtain incinerator
within the boundaries of the current
emergency or disaster declaration area.
(2) The notification must contain the
date the incinerator or air curtain
incinerator started operation within the
boundaries of the current emergency or
disaster declaration area, identification
of the disaster or emergency for which
the incinerator or air curtain incinerator
is being used, a description of the types
of materials being burned in the
incinerator or air curtain incinerator, a
brief description of the size and design
of the unit (for example, an air curtain
incinerator or a modular starved-air
incinerator), the reasons the incinerator
or air curtain incinerator must be
operated for more than 8 weeks, and the
amount of time for which you request
permission to operate including the date
you expect to cease operation of the
unit.
(c) If you submitted the notification
containing the information in paragraph
(b)(2) by the date specified in paragraph
(b)(1), you may continue to operate the
incinerator or air curtain incinerator for
another 8 weeks, which is a total of 16
weeks from the date the unit started
operation within the boundaries of the
current emergency or disaster
declaration area. You do not have to
meet the emission limitations or other
requirements of this subpart during this
period.
(1) At the end of 16 weeks from the
date the incinerator or air curtain
incinerator started operation within the
boundaries of the current emergency or
disaster declaration area, you must
cease operation of the unit or comply
with all requirements of this subpart,
unless the Administrator has approved
in writing your request to continue
operation.
(2) If the Administrator has approved
in writing your request to continue
operation, then you may continue to
operate the incinerator or air curtain
incinerator within the boundaries of the
current emergency or disaster
declaration area until the date specified
in the approval, and you do not need to
comply with any other requirements of
this subpart during the approved time
period.
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The following authorities are
withheld by the EPA and not transferred
to the State or Tribe:
(a) Approval of alternatives to the
emission limitations in Table 1 of this
subpart and operating limits established
under § 62.15585 and Table 2 of this
subpart.
(b) Approval of petitions submitted
pursuant to the requirements of
Cadj = Cmeas ∗ (20.9 − 7) /(20.9 − %O 2 )
pwalker on PRODPC60 with PROPOSALS2
Where:
Cadj = pollutant concentration adjusted to 7
percent oxygen
Cmeas = pollutant concentration measured on
a dry basis
(20.9–7) = 20.9 percent oxygen–7 percent
oxygen (defined oxygen correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a
dry basis, percent
(b) Capacity of a very small municipal
waste combustion unit. For very small
municipal waste combustion units that
can operate continuously for 24-hour
periods, calculate the unit capacity
based on 24 hours of operation at the
maximum charge rate. To determine the
maximum charge rate, use one of two
methods:
(1) For very small municipal waste
combustion units with a design based
on heat input capacity, calculate the
maximum charging rate based on the
maximum heat input capacity and one
of two heating values:
(i) If your very small municipal waste
combustion unit combusts refusederived fuel, use a heating value of
12,800 kilojoules per kilogram (5,500
British thermal units per pound).
(ii) If your very small municipal waste
combustion unit combusts municipal
solid waste, use a heating value of
10,500 kilojoules per kilogram (4,500
British thermal units per pound).
(2) For very small municipal waste
combustion units with a design not
based on heat input capacity, use the
maximum design charging rate.
(c) Capacity of a batch very small
municipal waste combustion unit.
Calculate the capacity of a batch OSWI
unit as the maximum design amount of
municipal solid waste it can charge per
batch multiplied by the maximum
number of batches it can process in 24
hours. Calculate the maximum number
of batches by dividing 24 by the number
of hours needed to process one batch.
Retain fractional batches in the
calculation. For example, if one batch
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1 12
∑ E hj
12 j=1
(Eq. 2)
Where:
Ea = Average carbon monoxide pollutant rate
for the 12-hour period, ppm corrected to
7 percent O2.
Ehj = Hourly arithmetic average pollutant rate
for hour ‘‘j,’’ ppm corrected to 7 percent
O2.
Definitions
§ 62.15850
What definitions must I know?
Terms used but not defined in this
subpart are defined in the Clean Air Act
and 40 CFR part 60, subpart A (General
Provisions).
Administrator means the
Administrator of the EPA, an employee
of the EPA, the Director of the State air
pollution control agency, or employee of
the State air pollution control agency to
whom the authority has been delegated
by the Administrator of the EPA to
perform the specified task.
Air curtain incinerator means an
incineration unit operating by forcefully
projecting a curtain of air across an
open, integrated combustion chamber
(fire box) or open pit or trench (trench
burner) in which combustion occurs.
For the purpose of this subpart only, air
curtain incinerators include both firebox
and trench burner units.
Auxiliary fuel means natural gas,
liquefied petroleum gas, fuel oil, or
diesel fuel.
Batch OSWI unit means an OSWI unit
that is designed such that neither waste
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Equations
§ 62.15845
What equations must I use?
(a) Percent oxygen. Adjust all
pollutant concentrations to 7 percent
oxygen using Equation 1 of this section.
(Eq. 1)
requires 16 hours, the OSWI unit can
combust 24/16, or 1.5 batches, in 24
hours.
(d) Carbon monoxide pollutant rate.
When hourly average pollutant rates (Eh)
are obtained (e.g., CEMS values),
compute the rolling average carbon
monoxide pollutant rate (Ea) for each 12hour period using the following
equation:
Ea =
(e) Approval of major alternatives to
recordkeeping and reporting
requirements of this subpart.
(f) Approval of requests submitted
pursuant to the requirements in
§ 62.15570(c)(2)}.
charging nor ash removal can occur
during combustion.
Calendar quarter means three
consecutive months (nonoverlapping)
beginning on: January 1, April 1, July 1,
or October 1.
Calendar year means 365 consecutive
days starting on January 1 and ending
on December 31.
Chemotherapeutic waste means waste
material resulting from the production
or use of anti-neoplastic agents used for
the purpose of stopping or reversing the
growth of malignant cells.
Class II municipal solid waste landfill
means a landfill that meets four criteria:
(1) Accepts, for incineration or
disposal, less than 20 tons per day of
municipal solid waste or other solid
wastes based on an annual average;
(2) Is located on a site where there is
no evidence of groundwater pollution
caused or contributed to by the landfill;
(3) Is not connected by road to a Class
I municipal solid waste landfill, as
defined by Alaska regulatory code 18
AAC 60.300(c) or, if connected by road,
is located more than 50 miles from a
Class I municipal solid waste landfill;
and
(4) Serves a community that meets
one of two criteria:
(i) Experiences for at least three
months each year, an interruption in
access to surface transportation,
preventing access to a Class I municipal
solid waste landfill; or
(ii) Has no practicable waste
management alternative, with a landfill
located in an area that annually receives
25 inches or less of precipitation.
Class III municipal solid waste
landfill is a landfill that is not
connected by road to a Class I municipal
solid waste landfill, as defined by
Alaska regulatory code 18 AAC
60.300(c) or, if connected by road, is
located more than 50 miles from a Class
I municipal solid waste landfill, and
E:\FR\FM\18DEP2.SGM
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ep18de06.031</MATH>
§ 62.15840 What authorities are withheld
by the EPA?
§ 62.15595 establishing operating
parameters when using controls other
than a dry scrubber followed by a fabric
filter, a wet scrubber, or a dry scrubber
followed by a fabric filter and a wet
scrubber.
(c) Approval of major alternatives to
test methods established under
§ 62.15610 and Table 1 of this subpart.
(d) Approval of major alternatives to
monitoring requirements established
under §§ 62.15665 through 62.15710
and Table 2 of this subpart.
EP18DE06.030</MATH>
Delegation of Authority
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that accepts, for disposal, either of the
following two criteria:
(1) Ash from incinerated municipal
waste in quantities less than one ton per
day on an annual average, which ash
must be free of food scraps that might
attract animals; or
(2) Less than five tons per day of
municipal solid waste, based on an
annual average, and is not located in a
place that meets either of the following
criteria:
(i) Where public access is restricted,
including restrictions on the right to
move to the place and reside there; or
(ii) That is provided by an employer
and that is populated totally by persons
who are required to reside there as a
condition of employment and who do
not consider the place to be their
permanent residence.
Clean lumber means wood or wood
products that have been cut or shaped
and include wet, air-dried, and kilndried wood products. Clean lumber
does not include wood products that
have been painted, pigment-stained, or
pressure-treated by compounds such as
chromate copper arsenate,
pentachlorophenol, and creosote, or
manufactured wood products that
contain adhesives or resins (e.g.,
plywood, particle board, flake board,
and oriented strand board).
Collected from means the transfer of
material from the site at which the
material is generated to a separate site
where the material is burned.
Contained gaseous material means
gases that are in a container when that
container is combusted.
Continuous emission monitoring
system or CEMS means a monitoring
system for continuously measuring and
recording the emissions of a pollutant
from an OSWI unit.
Continuous OSWI unit means an
OSWI unit that is designed to allow
waste charging and ash removal during
combustion.
Deviation means any instance in
which a unit that meets the
requirements in § 62.15460, or an owner
or operator of such source:
(1) Fails to meet any requirement or
obligation established by this subpart,
including but not limited to any
emission limitation, operating limit, or
operator qualification and accessibility
requirements;
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this subpart
and that is included in the operating
permit for any unit that meets
requirements in § 62.15460 and is
required to obtain such a permit; or
(3) Fails to meet any emission
limitation, operating limit, or operator
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qualification and accessibility
requirement in this subpart during
startup, shutdown, or malfunction,
regardless of whether or not such failure
is allowed by this subpart.
Dioxins/furans means tetra- through
octachlorinated dibenzo-p-dioxins and
dibenzofurans.
Energy recovery means the process of
recovering thermal energy from
combustion for useful purposes such as
steam generation or process heating.
EPA means the Administrator of the
EPA or employee of the EPA that is
delegated the authority to perform the
specified task.
Institutional facility means a landbased facility owned and/or operated by
an organization having a governmental,
educational, civic, or religious purpose
such as a school, hospital, prison,
military installation, church, or other
similar establishment or facility.
Institutional waste means solid waste
(as defined in this subpart) that is
combusted at any institutional facility
using controlled flame combustion in an
enclosed, distinct operating unit: Whose
design does not provide for energy
recovery (as defined in this subpart);
operated without energy recovery (as
defined in this subpart); or operated
with only waste heat recovery (as
defined in this subpart). Institutional
waste also means solid waste (as
defined in this subpart) combusted on
site in an air curtain incinerator that is
a distinct operating unit of any
institutional facility.
Institutional waste incineration unit
means any combustion unit that
combusts institutional waste (as defined
in this subpart), and is a distinct
operating unit of the institutional
facility that generated the waste.
Institutional waste incineration units
include field-erected, modular, cyclonic
burn barrel, and custom built
incineration units operating with
starved or excess air, and any air curtain
incinerator that is a distinct operating
unit of the institutional facility that
generated the institutional waste (except
those air curtain incinerators listed in
§ 62.15500(b).
Intermittent OSWI unit means an
OSWI unit that is designed to allow
waste charging, but not ash removal,
during combustion.
Low-level radioactive waste means
waste material that contains radioactive
nuclides emitting primarily beta or
gamma radiation, or both, in
concentrations or quantities that exceed
applicable Federal or State standards for
unrestricted release. Low-level
radioactive waste is not high-level
radioactive waste, spent nuclear fuel, or
byproduct material as defined by the
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Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)).
Malfunction means any sudden,
infrequent, and not reasonably
preventable failure of air pollution
control equipment, process equipment,
or a process to operate in a normal or
usual manner. Failures that are caused,
in part, by poor maintenance or careless
operation are not malfunctions.
Metropolitan Statistical Area means
any areas listed as metropolitan
statistical areas in OMB Bulletin No.
05–02 entitled ‘‘Update of Statistical
Area Definitions and Guidance on Their
Uses’’ dated February 22, 2005
(available on the Web at https://
www.whitehouse.gov/omb/bulletins/).
Modification or modified unit means
an incineration unit you have changed
on or after June 16, 2006 and that meets
one of two criteria:
(1) The cumulative cost of the changes
over the life of the unit exceeds 50
percent of the original cost of building
and installing the unit (not including
the cost of land) updated to current
costs (current dollars). For an OSWI
unit, to determine what systems are
within the boundary of the unit used to
calculate these costs, see the definition
of OSWI unit.
(2) Any physical change in the OSWI
unit or change in the method of
operating it that increases the amount of
any air pollutant emitted for which
section 129 or section 111 of the Clean
Air Act has established standards.
Municipal solid waste means refuse
(and refuse-derived fuel) collected from
the general public and from residential,
commercial, institutional, and industrial
sources consisting of paper, wood, yard
wastes, food wastes, plastics, leather,
rubber, and other combustible materials
and non-combustible materials such as
metal, glass and rock, provided that: (A)
the term does not include industrial
process wastes or medical wastes that
are segregated from such other wastes;
and (B) an incineration unit shall not be
considered to be combusting municipal
waste for purposes of this subpart if it
combusts a fuel feed stream, 30 percent
or less of the weight of which is
comprised, in aggregate, of municipal
waste, as determined by § 62.15485(c).
Municipal waste combustion unit
means, for the purpose of this subpart,
any setting or equipment that combusts
municipal solid waste (as defined in
this subpart) including, but not limited
to, field-erected, modular, cyclonic burn
barrel, and custom built incineration
units (with or without energy recovery)
operating with starved or excess air,
boilers, furnaces, pyrolysis/combustion
units, and air curtain incinerators
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(except those air curtain incinerators
listed in § 62.15500(b)).
Other solid waste incineration (OSWI)
unit means either a very small
municipal waste combustion unit or an
institutional waste incineration unit, as
defined in this subpart. Unit types listed
in § 62.15485 as being excluded from
the subpart are not OSWI units subject
to this subpart. While not all OSWI
units will include all of the following
components, an OSWI unit includes,
but is not limited to, the municipal or
institutional solid waste feed system,
grate system, flue gas system, waste heat
recovery equipment, if any, and bottom
ash system. The OSWI unit does not
include air pollution control equipment
or the stack. The OSWI unit boundary
starts at the municipal or institutional
waste hopper (if applicable) and extends
through two areas:
(1) The combustion unit flue gas
system, which ends immediately after
the last combustion chamber or after the
waste heat recovery equipment, if any;
and
(2) The combustion unit bottom ash
system, which ends at the truck loading
station or similar equipment that
transfers the ash to final disposal. The
OSWI unit includes all ash handling
systems connected to the bottom ash
handling system.
Particulate matter means total
particulate matter emitted from OSWI
units as measured by Method 5 or
Method 29 of appendix A of 40 CFR part
60.
Pathological waste means waste
material consisting of only human or
animal remains, anatomical parts, and/
or tissue, the bags/containers used to
collect and transport the waste material,
and animal bedding (if applicable).
Reconstruction means rebuilding an
incineration unit and meeting two
criteria:
(1) The reconstruction begins on or
after June 16, 2006.
(2) The cumulative cost of the
construction over the life of the
incineration unit exceeds 50 percent of
the original cost of building and
installing the unit (not including land)
updated to current costs (current
dollars). For an OSWI unit, to determine
what systems are within the boundary
of the unit used to calculate these costs,
see the definition of OSWI unit.
Refuse-derived fuel means a type of
municipal solid waste produced by
processing municipal solid waste
through shredding and size
classification. This includes all classes
of refuse-derived fuel including two
fuels:
(1) Low-density fluff refuse-derived
fuel through densified refuse-derived
fuel.
(2) Pelletized refuse-derived fuel.
Shutdown means the period of time
after all waste has been combusted in
the primary chamber. For continuous
OSWI, shutdown shall commence no
less than 2 hours after the last charge to
the incinerator. For intermittent OSWI,
shutdown shall commence no less than
4 hours after the last charge to the
incinerator. For batch OSWI, shutdown
shall commence no less than 5 hours
after the high-air phase of combustion
has been completed.
Solid waste means any garbage,
refuse, sludge from a waste treatment
plant, water supply treatment plant, or
air pollution control facility and other
discarded material, including solid,
liquid, semisolid, or contained gaseous
material resulting from industrial,
commercial, mining, agricultural
operations, and from community
activities, but does not include solid or
dissolved material in domestic sewage,
or solid or dissolved materials in
irrigation return flows or industrial
discharges that are point sources subject
to permits under section 402 of the
Federal Water Pollution Control Act, as
amended (33 U.S.C. 1342), or source,
special nuclear, or byproduct material
as defined by the Atomic Energy Act of
1954, as amended (42 U.S.C. 2014).
Standard conditions, when referring
to units of measure, means a
temperature of 68° F (20° C) and a
pressure of 1 atmosphere (101.3
kilopascals).
Startup period means the period of
time between the activation of the
system and the first charge to the OSWI
unit. For batch OSWI, startup means the
period of time between activation of the
system and ignition of the waste.
75843
Very small municipal waste
combustion unit means any municipal
waste combustion unit that has the
capacity to combust less than 35 tons
per day of municipal solid waste or
refuse-derived fuel, as determined by
the calculations in § 62.15845.
Waste heat recovery means the
process of recovering heat from the
combustion flue gases by convective
heat transfer only.
Wet scrubber means an add-on air
pollution control device that utilizes an
aqueous or alkaline scrubbing liquor to
collect particulate matter (including
nonvaporous metals and condensed
organics) and/or to absorb and
neutralize acid gases.
Wood waste means untreated wood
and untreated wood products, including
tree stumps (whole or chipped), trees,
tree limbs (whole or chipped), bark,
sawdust, chips, scraps, slabs, millings,
and shavings. Wood waste does not
include:
(1) Grass, grass clippings, bushes,
shrubs, and clippings from bushes and
shrubs from residential, commercial/
retail, institutional, or industrial sources
as part of maintaining yards or other
private or public lands.
(2) Construction, renovation, or
demolition wastes.
(3) Clean lumber.
(4) Treated wood and treated wood
products, including wood products that
have been painted, pigment-stained, or
pressure treated by compounds such as
chromate copper arsenate,
pentachlorophenol, and creosote, or
manufactured wood products that
contain adhesives or resins (e.g.,
plywood, particle board, flake board,
and oriented strand board).
Yard waste means grass, grass
clippings, bushes, shrubs, and clippings
from bushes and shrubs. Yard waste
comes from residential, commercial/
retail, institutional, or industrial sources
as part of maintaining yards or other
private or public lands. Yard waste does
not include two items:
(1) Construction, renovation, and
demolition wastes.
(2) Clean lumber.
Tables to Subpart KKK of Part 62
TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS
pwalker on PRODPC60 with PROPOSALS2
[As stated in § 62.15575, you must comply with the following]
For the air pollutant
You must meet this emission limitation a
Using this averaging time
And determining compliance
using this method
1. Cadmium ...................................
18 micrograms per dry standard
cubic meter.
3-run average (1 hour minimum
sample time per run).
Method 29 of appendix A of 40
CFR part 60.
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TABLE 1 OF SUBPART KKK OF PART 62.—EMISSION LIMITATIONS—Continued
[As stated in § 62.15575, you must comply with the following]
For the air pollutant
You must meet this emission limitation a
Using this averaging time
And determining compliance
using this method
2. Carbon monoxide ......................
40 parts per million by dry volume
Method 10, 10A, or 10B of appendix A of 40 CFR part 60 and
CEMS.
3. Dioxins/furans (total basis) ........
33 nanograms per dry standard
cubic meter.
15 parts per million by dry volume
8. Oxides of nitrogen .....................
103 parts per million by dry volume.
3-run average (1 hour minimum
sample time per run during performance test), and 12-hour
rolling
averages
measured
using CEMS b.
3-run average (1 hour minimum
sample time per run).
3-run average (1 hour minimum
sample time per run).
3-run average (1 hour minimum
sample time per run).
3-run average (1 hour minimum
sample time per run).
6-minute average (observe over
three 1-hour test runs; i.e., thirty
6-minute averages).
3-run average (1 hour minimum
sample time per run).
9. Particulate matter ......................
0.013 grains per dry standard
cubic foot.
3.1 parts per million by dry volume.
3-run average (1
sample time per
3-run average (1
sample time per
4. Hydrogen chloride .....................
5. Lead ...........................................
6. Mercury ......................................
7. Opacity .......................................
10. Sulfur dioxide ...........................
a All
226 micrograms per dry standard
cubic meter.
74 micrograms per dry standard
cubic meter.
10 percent .....................................
hour minimum
run).
hour minimum
run).
Method 23 of appendix A of
CFR part 60.
Method 26A of appendix A of
CFR part 60.
Method 29 of appendix A of
CFR part 60.
Method 29 of appendix A of
CFR part 60.
Method 9 of appendix A of
CFR part 60.
40
40
40
40
40
Method 7, 7A, 7C, 7D, or 7E of
appendix A of part 60. ASME
PTC 19.10–1981—Part 10 is an
acceptable alternative to Method 7 and 7C only (IBR, see
§ 60.17(h)).
Method 5 or 29 of appendix A of
40 CFR part 60.
Method 6 or 6C of appendix A of
40 CFR part 60, or ANSI/ASME
PTC 19.10–1981 (IBR, see
§ 60.17(h)) in lieu of Method 6
only.
emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.
each hour as the average of the previous 12 operating hours.
b Calculated
TABLE 2 OF SUBPART KKK OF PART 62.—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS
[As stated in § 62.15585, you must comply with the following]
And monitoring using these minimum frequencies
For these operating parameters
You must establish these
operating limits
Data measurement
Data recording
1. Charge rate ...................
Maximum charge rate .......
Continuous ........................
Every hour .........................
2. Pressure drop across
the wet scrubber or amperage to wet scrubber.
3. Scrubber liquor flow rate
4. Scrubber liquor pH ........
Minimum pressure drop or
amperage.
Continuous ........................
Every 15 minutes ..............
Daily for batch units. 3hour rolling for continuous and intermittent
units. a
3-hour rolling. a
Minimum flow rate .............
Minimum pH ......................
Continuous ........................
Continuous ........................
Every 15 minutes ..............
Every 15 minutes ..............
3-hour rolling. a
3-hour rolling. a
a Calculated
Averaging time
each hour as the average of the previous 3 operating hours.
TABLE 3 OF SUBPART KKK OF PART 62.—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)
[As stated in § 62.15675, you must comply with the following]
Use the following span values for
your CEMS
Use the following performance
specifications (P.S.) in appendix B
of 40 CFR part 60 for your CEMS
If needed to meet minimum data
requirements, use the following
alternate methods in appendix A
of 40 CFR part 60 to collect data
1. Carbon Monoxide ......................
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For the following pollutants
125 percent of the maximum
hourly potential carbon monoxide emissions of the waste
combustion unit.
25 percent oxygen ........................
P.S.4A ...........................................
Method 10.
P.S.3 .............................................
Method 3A or 3B, or ANSI/ASME
PTC 19.10–1981 (IBR, see
§ 60.17(h)) in lieu of Method 3B
only.
2. Oxygen ......................................
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Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Proposed Rules
75845
TABLE 4 OF SUBPART KKK OF PART 62.—SUMMARY OF REPORTING REQUIREMENTS
[As stated in § 62.15730, you must comply with the following]
Report
Due date
Contents
1. Initial test report .........................
a. No later than 60 days following
the initial performance test.
i. Complete test report for the initial performance test; and
ii. The values for the site-specific
operating limits.
i. Reduction or separation of recyclable materials; and
ii. Identification of additional waste
management measures and
how they will be implemented.
i. Company Name and address;
2. Waste management plan ...........
3. Annual report .............................
a. No later than 60 days following
the initial performance test.
a. No later than 12 months following the submission of the
initial test report. Subsequent
reports are to be submitted no
more than 12 months following
the previous report.
Reference
ii. Statement and signature by the
owner or operator;
iii. Date of report; ..........................
iv. Values for the operating limits;
v. If no deviations or malfunctions
were reported, a statement that
no deviations occurred during
the reporting period;
vi. Highest and lowest recorded
12-hour averages, as applicable, for carbon monoxide emissions and highest and lowest
recorded 3-hour averages, as
applicable, for each operating
parameter recorded for the calendar year being reported;
vii. Information for deviations or
malfunctions recorded under
§ 62.15715(b)(6)
and
(c)
through (e);
viii. If a performance test was
conducted during the reporting
period, the results of the test;
ix. If a performance test was not
conducted during the reporting
period, a statement that the requirements of § 60.2934(a) or
(b) were met; and
x. Documentation of periods when
all qualified OSWI unit operators were unavailable for more
than 12 hours but less than 2
weeks.
§ 62.15740.
§ 62.15740.
§§ 62.15520 through 62.15530.
§§ 62.15520 through 62.15530.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
§§ 62.15745 through 62.15750.
[FR Doc. E6–21285 Filed 12–15–06; 8:45 am]
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[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Proposed Rules]
[Pages 75816-75845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21285]
[[Page 75815]]
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Part II
Environmental Protection Agency
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40 CFR Part 62
Federal Plan Requirements for Other Solid Waste Incineration Units
Constructed on or Before December 9, 2004; Proposed Rule
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 /
Proposed Rules
[[Page 75816]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-HQ-OAR-2006-0364; FRL-8254-9]
RIN 2060-AN43
Federal Plan Requirements for Other Solid Waste Incineration
Units Constructed on or Before December 9, 2004
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 16, 2005, the EPA promulgated emission guidelines
(EG) for existing ``other'' solid waste incineration (OSWI) units.
Sections 111 and 129 of the Clean Air Act (CAA) require States with
existing OSWI units subject to the EG to submit plans to the EPA that
implement and enforce the emission guidelines. Indian Tribes may
submit, but are not required to submit, Tribal plans to implement and
enforce the EG in Indian country. State plans are due from States with
OSWI units subject to the EG on December 16, 2006. If a State or Tribe
with existing OSWI units does not submit an approvable plan, sections
111(d) and 129 of the CAA require the EPA to develop, implement, and
enforce a Federal plan for OSWI units located in that State or Tribal
area within 2 years after promulgation of the EG (December 16, 2007).
This action proposes a Federal plan to implement EG for OSWI units
located in States and Indian country without effective State or Tribal
plans. On the effective date of an approved State or Tribal plan, the
Federal plan would no longer apply to OSWI units covered by the State
or Tribal plan.
DATES: Comments must be received on or before February 16, 2007.
Public Hearing. If anyone contacts EPA by January 8, 2007
requesting to speak at a public hearing, EPA will hold a public hearing
on January 22, 2007. If you are interested in attending the public
hearing, contact Ms. Dorothy Apple at (919) 541-4487 to verify that a
hearing will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0364, by one of the following methods:
Web site: https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: Send your comments via electronic mail to a-and-r-
docket@epa.gov. Attention: Docket ID No. EPA-HQ-OAR-2006-0364.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2006-0364. Please include a total of two copies. 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 (EPA/DC), EPA West Building, Room
B108, 1301 Constitution Ave., NW., Washington, DC, 20460, Attention
Docket ID No. EPA-HQ-OAR-2006-0364. Such deliveries are accepted only
during the normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0364. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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, EPA recommends that you include your name
and other contact information in the body of your comment with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Public Hearing: If a public hearing is held, it will be held at
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC, or an alternate site nearby.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically at https://
www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC),
EPA West Building, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
EPA Docket Center is (202) 566-1742.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
https://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations, and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to www.regulations.gov are not affected by the
flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: For information concerning specific
aspects of this proposal, contact Ms. Martha Smith, Natural Resources
and Commerce Group, Sector Policies and Programs Division (E143-03),
U.S. EPA, Research Triangle Park, North Carolina 27711; telephone
number: (919) 541-2421; e-mail address: smith.martha@epa.gov. For
technical information, contact Ms. Mary Johnson, Energy Strategies
Group, Sector Policies Program Division (D243-01), U.S. EPA, Research
Triangle Park, NC 27711; telephone number: (919) 541-5025; e-mail
address: johnson.mary@epa.gov.
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for EPA?
II. Background Information
A. What is the regulatory development background for this
proposed rule?
B. What associated regulatory activity preceded this proposed
rule?
[[Page 75817]]
C. What impact does the EPA's granting of a request for
reconsideration have on this Federal plan?
III. Affected Facilities
A. What is an OSWI unit?
B. Does the Federal plan apply to me?
C. How do I determine if my OSWI unit is covered by an approved
and effective State or Tribal plan?
IV. Elements of the OSWI Federal Plan
A. Legal Authority and Enforcement Mechanism
B. Inventory of Affected OSWI Units
C. Inventory of Emissions
D. Emission Limitations
E. Compliance Schedules
F. Waste Management Plan Requirements
G. Testing, Monitoring, Recordkeeping, and Reporting
H. Operator Training and Qualification Requirements
I. Record of Public Hearings
J. Progress Reports
V. Summary of OSWI Federal Plan
A. Might the proposed rules apply to me?
B. What emission limitations would apply?
C. What operating limits would apply?
D. What would be the requirements for OSWI air curtain
incinerators?
E. What other requirements would apply?
F. What is the proposed compliance schedule?
G. How did EPA determine the compliance schedule?
VI. OSWI That Have or Will Shut Down
A. Units That Plan To Close Rather Than Comply
B. Inoperable Units
C. OSWI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan and Retained Authorities
C. Mechanisms for Transferring Authority
D. Implementing Authority
E. OSWI Federal Plan and Indian Country
VIII. Title V Operating Permits
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer Advancement Act
I. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by the proposed rules
are very small municipal waste combustion (VSMWC) units and
institutional waste incineration (IWI) units. The OSWI Federal plan
would affect the following categories of sources:
----------------------------------------------------------------------------------------------------------------
Examples of potentially regulated
Category NAICS* code entities
----------------------------------------------------------------------------------------------------------------
Any State, local, or Tribal Government using a 562213, 92411 Solid waste combustion units burning
VSMWC unit as defined in the regulations. municipal waste collected from the
general public and from residential,
commercial, institutional, and
industrial sources.
Institutions using an IWI unit as defined in 922, 6111, 623, 7121 Correctional institutions, primary and
the regulations. secondary schools, camps and national
parks.
Any Federal Government Agency using an OSWI 928 Department of Defense (labs, military
unit as defined in the regulations. bases, munitions facilities).
Any college or university using an OSWI unit as 6113, 6112 Universities, colleges and community
defined in the regulations. colleges.
Any church or convent using an OSWI unit as 8131 Churches and convents.
defined in the regulations.
Any civic or religious organization using an 8134 Civic associations and fraternal
OSWI unit as defined in the regulations. associations.
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the
proposed rules. To determine whether your facility would be regulated
by the proposed rules, you should examine the applicability criteria in
CAA sections 62.15460 through 62.15500 of the proposed Federal plan. If
you have any questions regarding the applicability of the proposed
rules to a particular entity, contact either of the persons listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit information that you consider to
be CBI electronically through www.regulations.gov or e-mail. Send or
deliver information identified as CBI to only the following address:
Mr. Roberto Morales, c/o OAQPS Document Control Officer (Mail Drop
C404-02), U.S. EPA, Research Triangle Park, NC 27711, Attention Docket
ID No. EPA-HQ-OAR-2006-0364. 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 EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.
If you have any questions about CBI or the procedures for claiming
CBI, please consult either of the persons identified in the FOR FURTHER
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions. The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
[[Page 75818]]
h. Make sure to submit your comments by the comment period deadline
identified.
Docket. The docket number for the proposed Federal plan (40 CFR
part 620, subpart KKK) is Docket ID No. EPA-HQ-OAR-2005-0364.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rules is available on the WWW
through the Technology Transfer Network Website (TTN Web). Following
signature, EPA will post a copy of the proposed rules on the TTN's
policy and guidance page for newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Background Information
A. What is the regulatory development background for this proposed
rule?
Section 129 of the CAA requires EPA to develop emission guidelines
for, among other things, unspecified ``other categories of solid waste
incineration units'', herein referenced as OSWI units. The EPA proposed
emission guidelines for OSWI units on December 9, 2004, and promulgated
them on December 16, 2005 (70 FR 74870), to be codified at 40 CFR part
60, subpart FFFF. In writing Section 129 of the CAA, Congress looked
first to the States as the preferred implementers of emission
guidelines for existing OSWI units. To make these emission guidelines
enforceable, States with existing OSWI units must have submitted to EPA
within one year following promulgation of the emission guidelines (by
December 16, 2006) State plans that implement and enforce the emission
guidelines. For States or Tribes that do not have an EPA-approved and
effective plan, EPA must develop and implement a Federal plan within
two years following promulgation of the emission guidelines (by
December 16, 2007). The EPA sees the Federal plan as an interim measure
to ensure that congressionally mandated emission standards are
implemented until States assume their role as the preferred
implementers of the emissions guidelines. Thus, the EPA encourages
States to either use the Federal plan as a template to reduce the
effort needed to develop their own plans or to simply take delegation
to directly implement and enforce the guidelines. States without any
existing OSWI units are required to submit to the Administrator a
letter of negative declaration certifying that there are no OSWI units
in the State. No plan is required for States that do not have any OSWI
units.
As discussed in section VII.E of this preamble, Indian Tribes may,
but are not required to, submit Tribal plans to cover OSWI units in
Indian country. A Tribe may submit to the Administrator a letter of
negative declaration certifying that no OSWI units are located in the
Tribal area. No plan is required for Tribes that do not have any OSWI
units. OSWI units located in States or Tribal areas that mistakenly
submit a letter of negative declaration would be subject to the Federal
plan until a State or Tribal plan becomes approved and effective
covering those OSWI units.
This action proposes a Federal plan for OSWI units that are not
covered by an approved State or Tribal plan as of December 16, 2006.
Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require EPA
to develop, implement, and enforce a Federal plan to cover existing
OSWI units located in States that do not have an approved plan within
two years after promulgation of the emission guidelines (by December
16, 2007, for OSWI units). The EPA is proposing this Federal plan now
so that a promulgated Federal plan will be in place at the earliest
possible date, thus ensuring timely implementation and enforcement of
the OSWI emission guidelines. In addition, EPA's timing allows a State
or Tribe the opportunity to take delegation of the Federal plan in lieu
of writing a State plan.
B. What associated regulatory activity preceded this proposed rule?
Regulations have been developed for each of the listed categories
of solid waste incineration unit except for the ``other categories of
solid waste incineration units.'' This notice proposes regulations for
these ``other'' (or OSWI) units. Several previous notices have been
published regarding OSWI regulatory development (58 FR 31358, June 2,
1993; 58 FR 58498, November 2, 1993; 65 FR 67367, November 9, 2000). In
the November 9, 2000 notice, EPA revised the OSWI regulatory schedule
to promulgate regulations by November 2005. This was subsequently
incorporated into a consent decree, requiring that EPA propose
regulations for the OSWI source category by November 30, 2004, and
promulgate by November 30, 2005. We proposed regulations on December 9,
2004. On December 16, 2005, we promulgated EG for OSWI constructed on
or before December 9, 2004 (70 FR 74870), which are to be implemented
via today's proposed rulemaking.
C. What impact does the EPA's granting of a request for reconsideration
have on this Federal plan?
On February 14, 2006, subsequent to EPA's promulgation of the final
rule establishing the New Source Performance Standards (NSPS) and the
Emission Guidelines (EG) for OSWI units, the Sierra Club filed a
petition for reconsideration, pursuant to section 307(d)(7)(B) of the
CAA.\1\ On June 28, 2006 (71 FR 36726-36730), EPA granted
reconsideration of one issue raised by the Sierra Club. In granting
reconsideration on this issue, EPA agreed to undertake further notice
and comment proceedings related to whether sewage sludge incinerators
should be regulated under CAA section 129.\2\ EPA's granting
reconsideration on an issue does not stay, vacate or otherwise
influence the effective date of the OSWI regulations. Specifically, CAA
section 307(d)(7)(B) provides that ``reconsideration shall not postpone
the effectiveness of the rule,'' except that ``the effectiveness of the
rule may be stayed during such reconsideration * * * by the
Administrator or the court for a period not to exceed three months.''
In this case, neither EPA nor the court stayed the effectiveness of the
final OSWI regulations in connection with the reconsideration petition.
Because the existing OSWI regulations remain in effect, EPA's
obligation under CAA section 129(b)(3) to promulgate a Federal Plan (to
implement those regulations for existing units that are not covered by
an approved and effective State plan) remains unchanged.\3\ Therefore,
EPA is complying with its statutory obligations by issuing today's
proposed Federal Plan for OSWI units.
---------------------------------------------------------------------------
\1\ The Sierra Club also filed a petition for review in the D.C.
Circuit, challenging the final OSWI rule. Sierra Club v. EPA, No.
06-1066 (D.C. Cir.). That case is being held in abeyance while EPA
undertakes its reconsideration proceeding.
\2\ EPA will respond to other issues raised in the petition for
reconsideration no later than when it takes final action on the
sewage sludge issue, which EPA expects to be no later than January
2007.
\3\ Similarly, the obligations of States and sources are
unaffected by EPA's reconsidering one issue.
---------------------------------------------------------------------------
If, after reconsidering any issues raised in the petition for
reconsideration, EPA revises the OSWI rules, EPA plans to make
corresponding changes to the final Federal Plan. Thus, by this notice,
we are informing the public that EPA is reconsidering this same issue
(e.g., involving sewage sludge incinerators) as it pertains to the OSWI
Federal Plan as well, and if the Federal Plan is finalized after EPA
final action on reconsideration, it too will reflect EPA's final
decision on the issue.
[[Page 75819]]
III. Affected Facilities
A. What is an OSWI unit?
The term OSWI unit means either a very small municipal waste
combustion unit or an institutional waste incineration unit, as defined
in proposed 40 CFR part 62, subpart KKK. Seventeen types of combustion
units, which are listed in CAA section 62.15845 of proposed subpart KKK
are conditionally exempt from specific provisions of the proposed
Federal plan.
B. Does the Federal plan apply to me?
The proposed Federal plan will apply to you if you are the owner or
operator of an OSWI unit, including any OSWI air curtain incinerator
(ACI), not covered by an approved and effective State or Tribal plan as
of the date of promulgation of the Federal plan. The Federal plan
proposed herein would cover your OSWI unit until EPA should approve a
State or Tribal plan that would cover your OSWI unit and that plan
should become effective.
If you began the construction of your OSWI unit on or before
December 9, 2004, it is considered an existing OSWI unit and could be
subject to the Federal plan. If you began the construction of your OSWI
unit after December 9, 2004, it is considered a new OSWI unit and is
subject to the new source performance standards (NSPS). If you began
reconstruction or modification of your OSWI unit prior to June 16,
2006, it is considered an existing OSWI unit and could be subject to
the Federal plan. Likewise, if you began reconstruction or modification
of your OSWI unit on or after June 16, 2006, it is considered a new
OSWI unit and is subject to the NSPS.
Your existing OSWI unit would be subject to this Federal plan if on
the effective date of the Federal plan, EPA has not approved a State or
Tribal Plan that covers your unit, or the EPA-approved State or Tribal
plan has not become effective. The specific applicability of this plan
is described in CAA sections 62.15460 through 62.15500 of proposed
subpart KKK.
Once an approved State or Tribal plan is in effect, the Federal
plan will no longer apply to an OSWI unit covered by such plan. An
approved State or Tribal plan is a plan developed by a State or Tribe
that EPA has reviewed and approved based on the requirements in 40 CFR
part 60, subpart B to implement and enforce 40 CFR part 60, subpart
DDDD. The State or Tribal plan is effective on the date specified in
the notice published in the Federal Register announcing EPA's approval
of the plan.
The EPA's promulgation of an OSWI Federal plan will not preclude
States or Tribes from submitting a plan. If a State or Tribe submits a
plan after promulgation of the OSWI Federal plan final rule, EPA will
review and approve or disapprove the State or Tribal plan. If EPA
approves a plan, then the Federal plan would no longer apply to OSWI
units covered by the State or Tribal plan as of the effective date of
the State or Tribal plan. If an OSWI unit were overlooked by a State or
Tribe and the State or Tribe submitted a negative declaration letter,
or if an individual OSWI unit were not covered by an approved and
effective State or Tribal plan, the OSWI unit would be subject to this
Federal plan.
C. How do I determine if my OSWI unit is covered by an approved and
effective State or Tribal plan?
Part 62 of Title 40 of the Code of Federal Regulations identifies
the approval and promulgation of sections 111(d) and section 129 State
or Tribal plans for designated facilities in each State or area of
Indian Country. However, 40 CFR part 62 is updated once per year. Thus,
if 40 CFR part 62 does not indicate that your State or Tribal area has
an approved and effective plan, you should contact your State
environmental agency's air director or your EPA Regional Office to
determine if approval occurred since publication of the most recent
version of 40 CFR part 62.
EPA Regional Contacts for OSWI
----------------------------------------------------------------------------------------------------------------
Region Contact Phone/fax States and protectors
----------------------------------------------------------------------------------------------------------------
I.................................. EPA New England, Director, 617-918-1650, 617-918- CT, ME, MA, NH, RI,
Air Compliance Program, 1 1505 (fax). VT.
Congress Street, Suite
1100 (SEA), Boston, MA
02114-2023.
II................................. U.S. EPA Region 2, Air 212-637-4080, 212-637- NJ, NY, Puerto Rico,
Compliance Branch, 290 3998 (fax). Virgin Islands.
Broadway, New York, NY
10007.
III................................ U.S. EPA Region 3, Chief, 215-814-3438, 215-814- DE, DC, MD, PA, VA,
Air Enforcement Branch 2134 (fax). WV.
(3AP12), 1650 Arch Street,
Philadelphia, PA 19103-
2029.
IV................................. U.S. EPA Region 4, Air and 404-562-9105, 404-562- AL, FL, GA, KY, MS,
Radiation Technology 9095 (fax). NC, SC, TN.
Branch, Atlanta Federal
Center, 61 Forsyth Street,
Atlanta, GA 30303-3104.
V.................................. U.S. EPA Region 5, Air 312-353-2088, 312-353- IL, IN, MN, OH, WI.
Enforcement and Compliance 2018 (fax).
Assurance Branch (AR-18J),
77 West Jackson Boulevard,
Chicago, IL 60604-3590.
VI................................. U.S. EPA Region 6, Chief, 214-665-7224, 214-665- AR, LA, NM, OK, TX.
Toxics Enforcement Section 7446 (fax).
(6EN-AT), 1445 Ross
Avenue, Dallas, TX 75202-
2733.
VII................................ U.S. EPA Region 7, Air 913-551-7020, 913-551- IA, KS, MO, NE.
Permitting and Compliance 7844 (fax).
Branch (ARTD/APCO-2119F),
901 N. 5th Street, Kansas
City, KS 66101.
VIII............................... U.S. EPA Region 8, Air and 303-312-6526, 303-312- CO, MT, ND, SD, UT,
Radiation Program Air 6064 (fax). WY.
Technical Assistance Unit
(Mail Code 8P--AR), 999
18th Street, Suite 200,
Denver, CO 80202.
IX................................. U.S. EPA Region 9, Air 415-947-4200, 415-744- AZ, CA, HI, NV,
Division, 75 Hawthorne 1076 (fax). American Samoa, Guam.
Street, San Francisco, CA
94105.
X.................................. U.S. EPA Region 10, Office 206-553-1602, 206-553- AK, ID, OR, WA.
of Air Quality, 1200 Sixth 0110 (fax).
Avenue, Seattle, WA 98101.
----------------------------------------------------------------------------------------------------------------
[[Page 75820]]
IV. Elements of the OSWI Federal Plan
Because EPA is proposing a Federal plan to cover OSWI units located
in States and areas of Indian Country where plans are not in effect,
EPA has elected to include in this proposal the same elements as are
required for State plans: (1) Identification of legal authority and
mechanisms for implementation, (2) inventory of OSWI units, (3)
emissions inventory, (4) emission limitations, (5) compliance
schedules, (6) waste management plan, (7) testing, monitoring,
inspection, reporting, and recordkeeping, (8) operator training and
qualification, (9) public hearing, and (10) progress reporting. See 40
CFR part 60 subparts B and C and sections 111 and 129 of the CAA. Each
plan element is described below as it relates to this proposed OSWI
Federal plan. The table below lists each element and identifies where
it is located or codified.
Elements of the OSWI Federal Plan
------------------------------------------------------------------------
------------------------------------------------------------------------
Legal authority and enforcement Sections 129(b)(3) 111(d),
mechanism. 301(a), and 301(d)(4) of the
CAA.
Inventory of Affected MWC Units........ Docket EPA-HQ-OAR-2003-0156.
Inventory of Emissions................. Docket EPA-HQ-OAR-2003-0156.
Emission Limits........................ 40 CFR 62.15575-62.15605.
Compliance Schedules................... 40 CFR 62.15505-62.15515.
Operator Training and Qualification.... 40 CFR 62.15535-62.15570.
Waste Management Plan.................. 40 CFR 62.15520-62.15530.
Record of Public Hearings.............. Docket EPA-HQ-OAR-2003-0156.
Testing, Monitoring, Recordkeeping, and 40 CFR 62.15610, 40 CFR 15665-
Reporting. 62.15710, 40 CFR 62.15715-
62.15780.
Progress Reports....................... Section IV.J. of this preamble.
------------------------------------------------------------------------
A. Legal Authority and Enforcement Mechanism
1. EPA's Legal Authority in States
Section 301(a) of the CAA provides EPA with broad authority to
write regulations that carry out the functions of the CAA. Sections
111(d) and 129(b)(3) of the CAA direct EPA to develop a Federal plan
for States that do not submit approvable State plans. Sections 111 and
129 of the CAA provide EPA with the authority to implement and enforce
the Federal plan in cases where the State fails to submit a
satisfactory State plan. CAA Section 129(b)(3) requires EPA to develop,
implement, and enforce a Federal plan within 2 years after the date the
relevant emission guidelines are promulgated (by December 16, 2007).
Compliance with the emission guidelines cannot be later than 5 years
after the relevant emission guidelines are promulgated (by December 16,
2010 for OSWI units).
2. EPA's Legal Authority in Indian Country
Section 301 of the CAA provides EPA with the authority to
administer Federal programs in Indian country. See CAA sections 301 (a)
and (d). Section 301(d)(4) of the CAA authorizes the Administrator to
directly administer provisions of the CAA where Tribal implementation
of those provisions is not appropriate or administratively not
feasible. See section VII.E of this preamble for a more detailed
discussion of EPA's authority to administer the OSWI Federal plan in
Indian country.
The EPA is proposing this Federal regulation under the legal
authority of the CAA to implement the emission guidelines in those
States and areas of Indian country not covered by an approved plan. As
discussed in section VII of this document, implementation and
enforcement of the Federal plan may be delegated to eligible Tribal,
State, or local agencies when requested by a State, eligible Tribal, or
local agency, and when EPA determines that such delegation is
appropriate.
B. Inventory of Affected OSWI Units
The proposed Federal plan includes an inventory of OSWI units
affected by the emission guidelines. (See 40 CFR part 60.25(a).) Docket
No. EPA-HQ-OAR-2003-0156 contains an inventory of the OSWI units that
may potentially be covered by this proposed Federal plan in the absence
of State or Tribal plans. This inventory contains 248 OSWI units in 26
States. It is based on information collected from State and Federal
databases, information collection request survey responses, and
stakeholder meetings during the development of the OSWI emission
guidelines. The EPA recognizes that this list may not be complete.
Therefore, sources potentially subject to this Federal plan may
include, but are not limited to, the OSWI units listed in the inventory
memorandum in Docket No. EPA-HQ-OAR-2003-0156. Any OSWI unit that meets
the applicability criteria in the Federal plan rule is subject to the
Federal plan, regardless of whether it is listed in the inventory.
States, Tribes, or individuals are invited to identify additional
sources for inclusion to the list during the comment period for this
proposal.
C. Inventory of Emissions
The proposed Federal plan includes an emissions estimate for OSWI
units subject to the emission guidelines. (See 40 CFR 60.25(a).) The
pollutants to be inventoried are dioxins/furans, cadmium (Cd), lead
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl),
oxides of nitrogen (NOX), carbon monoxide (CO), and sulfur
dioxide (SO2). For this proposal, EPA has estimated the
emissions from each known OSWI unit that potentially may be covered by
the Federal plan for the nine pollutants regulated by the Federal plan.
The emissions inventory is based on available information about the
OSWI units, emission factors, and typical emission rates developed for
calculating nationwide air impacts of the OSWI emission guidelines and
the Federal plan. Refer to the inventory memorandum in Docket No. EPA-
HQ-OAR-2003-0156 for the complete emissions inventory and details on
the emissions calculations.
D. Emission Limitations
The proposed Federal plan includes emission limitations. (See 40
CFR 60.24(a).) Section 129(b)(2) of the CAA requires these emission
limitations to be ``at least as protective as'' those in the emission
guidelines. The emission limitations in this proposed OSWI Federal plan
are the same as those contained in the EG. Section V of this preamble
discusses the emission limitations and operating limits. The EG
promulgated December 16, 2005, had a technical error which is being
corrected through a technical amendment. Due to the uncertainty of the
publication date for the amendment, the technical error will not appear
in the proposal of this Federal plan. The correct opacity measurement
averaging time appears in
[[Page 75821]]
this proposal. This possible discrepancy between the EG and Federal
Plan is in Table 2 of the rule in the EG and Table 1 of the rule in the
Federal Plan.
E. Compliance Schedules
Typically, State or Federal plans include increments of progress
for units that need more than one year from State plan approval to
comply, or in the case of the Federal plan, more than one year after
promulgation of the final Federal plan. (See 40 CFR part 60.24(e)(1).)
The purpose of increments of progress is to ensure that each affected
unit needing more time to comply is making progress toward meeting the
emission limits.
Section 129(f) of the CAA specifies the dates by which affected
facilities must comply with EG. Existing units must be in compliance
with the guidelines as expeditiously as practicable after approval of a
State plan, but no later than three years after the effective date of
State plan approval or five years after promulgation of the guidelines,
whichever is earlier. To proceed in an expeditious manner, we are
proposing to implement the EG within that same time frame.
For the EG, we are incorporating the full compliance time allowed
by CAA section and to include final compliance as the sole increment of
progress. The OSWI units are small and are located at small
municipalities and institutions that do not always have full-time
environmental staff. They will need time to investigate the regulatory,
technical, cost, financing, and economic implications of control
techniques and alternative waste disposal options available to their
facility. The EPA wants to allow sufficient time for owners and
operators of OSWI units to investigate, plan, and carry out activities
for compliance or, as expected in most cases, a closure of their waste
combustion units and an orderly transition to the use of alternative
waste disposal methods. Our compliance schedule was developed to allow
small sources maximum flexibility in accomplishing final compliance by
a date 3 years after publication of a final rule for the Federal plan.
F. Waste Management Plan Requirements
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 to reduce or eliminate
toxic emissions from incinerated waste. The waste management plan must
be submitted no later than the date sixty days after the initial
performance test. This date is 240 days after the final compliance
date.
G. Testing, Monitoring, Recordkeeping, and Reporting
The proposed Federal plan includes testing, monitoring,
recordkeeping, and reporting requirements. (See 40 CFR part 60.25).)
Testing, monitoring, recordkeeping, and reporting requirements are
consistent with 40 CFR part 60 subpart FFFF, and assure initial and
ongoing compliance.
H. Operator Training and Qualification Requirements
The owner or operator must qualify operators or their supervisors
(at least one per facility) by ensuring that they complete an operator
training course and annual review or refresher course. CAA sections
62.15535 through 62.15570 of the proposed subpart KKK contain the
operator training and qualification requirements.
I. Record of Public Hearings
The proposed Federal plan provides opportunity for public
participation in adopting the plan. (See 40 CFR part 60.23(c).) If
requested to do so, EPA will hold a public hearing in Research Triangle
Park, NC. A record of the public hearing, if any, will appear in Docket
No. EPA-HQ-OAR-2006-0364. If a public hearing is requested and held,
EPA will ask clarifying questions during the oral presentation but will
not respond to the presentations or comments. Written statements and
supporting information submitted during the public comment period will
be considered with equivalent weight as any oral statement and
supporting information subsequently presented at a public hearing, if
held.
J. Progress Reports
Under the Federal plan, the EPA Regional Offices will prepare
annual progress reports to show progress of OSWI units in the Region
toward implementation of the emission guidelines. (See 40 CFR
60.25(e).) States or Tribes that have been delegated the authority to
implement and enforce this Federal plan would also be required to
submit annual progress reports to the appropriate EPA Regional Office.
Each progress report must include the following items: (1) Status
of enforcement actions; (2) status of increments of progress; (3)
identification of sources that have shut down or started operation; (4)
emission inventory data for sources that were not in operation at the
time of plan development, but that began operation during the reporting
period; (5) additional data as necessary to update previously submitted
source and emission information; and (6) copies of technical reports on
any performance testing and monitoring.
V. Summary of OSWI Federal Plan
A. Might the proposed rules apply to me?
The proposed OSWI Federal rules could apply to you if you own or
operate either of the following at a location not subject to an
approved State or Tribal plan:
(1) An incineration unit with a capacity less than 35 tpd burning
municipal solid waste (MSW) (as defined in CAA sections 129 and
62.15850 of 40 CFR part 62 subpart KKK); or
(2) An incineration unit located at an institutional facility
burning institutional waste (as defined in CAA section 62.15850 of 40
CFR part 62 subpart KKK) generated at that facility.
Requirements for air curtain incineration units that would
otherwise be VSMWC or IWI units, but for the fact that they burn
certain materials, are discussed later in this preamble. If your
incineration unit is currently meeting emission limitations and other
requirements of another CAA section 129 regulation (i.e., small or
large municipal waste combustion (MWC) units; hospital, medical,
infectious waste incineration (HMIWI) units; or commercial and
industrial solid waste incineration (CISWI) units), the proposed OSWI
rules would not apply to you. Likewise, if an institutional combustion
unit is covered under the CAA section 112 national emission standards
for hazardous air pollutants (NESHAP) for industrial, commercial, and
institutional boilers and process heaters (boilers NESHAP), it would
not be subject to the proposed OSWI rules. Certain types of combustion
units listed in CAA section 62.15485 of 40 CFR part 62 subpart KKK also
would be excluded from the final OSWI rules.
If you began construction of your incineration unit on or before
December 9, 2004, it is considered an existing unit and would be
subject to the proposed Federal plan. If you began construction of your
incineration unit after December 9, 2004, it is considered a new unit
and is subject to the NSPS (40 CFR part 60, subpart EEEE). If you began
reconstruction or modification of your incineration unit prior to June
16, 2006, it would be considered an existing unit and subject to the
Federal plan. Likewise, if you begin reconstruction or modification of
your incineration unit on or after June 16, 2006, it is
[[Page 75822]]
considered a new unit and is subject to the NSPS.
B. What emission limitations would apply?
As the owner or operator of an existing OSWI unit, you would be
required to meet the proposed emission limitations as specified in the
table below. See CAA section V.F of this preamble for a discussion of
the compliance schedule.
Emission Limits for Existing OSWI Units
------------------------------------------------------------------------
And determine
You must meet these compliance using
For these pollutants emission limits \a\ these methods
\b\ \c\
------------------------------------------------------------------------
Cd............................ 18 micrograms per dry EPA Method 29.
standard cubic meter
([mu]g/dscm).
CO............................ 40.0 parts per million EPA Methods 10,
dry volume (ppmdv). 10A or 10B.
Dioxins/Furans (total mass 33 nanograms per dry EPA Method 23.
basis). standard cubic meter
(ng/dscm).
HCl........................... 15.0 ppmdv............ EPA Method 26A.
Pb............................ 226 [mu]g/dscm........ EPA Method 29.
Hg............................ 74 [mu]g/dscm......... EPA Method 29.
Opacity....................... 10%................... EPA Method 9.
NOX........................... 103 ppmdv............. EPA Methods 7,
7A, 7C, 7D, or
7E.\d\
PM............................ 0.013 grains per dry EPA Method 5 or
standard cubic foot 29.
(gr/dscf).
SO2........................... 3.1 ppmdv............. EPA Method 6 or
6C .\e\
------------------------------------------------------------------------
\a\ All emission limits (except opacity) are measured at 7 percent
oxygen, dry basis at standard conditions.
\b\ These methods are in 40 CFR part 60, appendix A.
\c\ Compliance with the CO emission limit is determined on a 12-hour
rolling average basis using continuous emission monitoring system
data. Compliance for the other pollutants' emission limits is
determined by stack testing.
\d\ ASME PTC 19-10-1981--Part 10 is an acceptable alternative to only
Methods 7 and 7C.
\e\ ASME PTC 19-10-1981--Part 10 is an acceptable alternative to only
Method 6.
C. What operating limits would apply?
If you use a wet scrubber to comply with the emission limits, you
would be required to establish the maximum and minimum site-specific
operating limits indicated in Table 1 of this preamble. You would then
be required to operate the OSWI unit so that the charge rate does not
exceed the established maximum charge rate. You would be required to
operate the wet scrubber so that the pressure drop or amperage,
scrubber liquor flow rate, and scrubber liquor pH do not fall below the
minimum established operating limits.
Table 1.--Operating Limits for Existing OSWI Units Using Wet Scrubbers
------------------------------------------------------------------------
And monitor
For these operating You must establish continuously using
parameters these operating these recording
limits times
------------------------------------------------------------------------
Charge rate................. Maximum charge rate. Every hour.
Pressure drop across the wet Minimum pressure Every 15 minutes.
scrubber, or amperage to drop or amperage.
the wet scrubber.
Scrubber liquor flow rate... Minimum flow rate... Every 15 minutes.
Scrubber liquor pH.......... Minimum pH.......... Every 15 minutes.
------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average
basis, except charge rate for batch incinerators, which is
determined on a 24-hour basis.
If you use an air pollution control device other than a wet
scrubber to comply with the emission limits, you would be required to
petition the EPA for approval of other site-specific operating limits
to be established during the initial performance test and continuously
monitored thereafter. The information you must include in your petition
is described in 40 CFR 62.15595 of proposed subpart KKK.
D. What would be the requirements for OSWI air curtain incinerators?
The final OSWI rules establish opacity limitations for air curtain
incineration units that would otherwise meet the definitions of IWI or
VSMWC units, but burn only:
100 percent wood wastes;
100 percent clean lumber;
100 percent yard waste; or
100 percent mixture of only wood waste, clean lumber, and/
or yard waste.
The opacity limit is 10 percent. However, 35 percent opacity is
allowed during startup periods that are within the first 30 minutes of
operation. Air curtain incinerators burning only these materials must
meet the opacity limits and certain monitoring, recordkeeping, and
reporting requirements, and must apply for and obtain a title V
operating permit.
Air curtain incinerators burning other institutional waste or
municipal waste must meet the requirements of the final OSWI rules
including all emission limits in table 1 of this preamble and the
associated testing, permitting, monitoring, recordkeeping, and
reporting requirements.
E. What other requirements would apply?
As the owner or operator of an OSWI unit, you would be required to
meet the following additional requirements.
Waste Management Plan:
Submit a written plan that identifies both the feasibility
and the methods used to reduce or separate certain components of solid
waste from the waste stream to reduce or eliminate toxic emissions from
incinerated waste.
Operator Training and Qualification Requirements:
Qualify operators or their supervisors (at least one per
facility) by ensuring that they complete an operator training course
and annual review or refresher course.
Testing Requirements:
Conduct initial performance tests for Cd, CO, dioxins/
furans, HCl, Pb, Hg, NOX, opacity, PM, and SO2
and
[[Page 75823]]
establish operating limits (i.e., maximum or minimum values for
operating parameters).
Conduct annual performance tests for all nine pollutants
and opacity. (An owner or operator may conduct less frequent testing if
the facility demonstrates that it is in compliance with the emission
limits for three consecutive performance tests).
Monitoring Requirements:
Continuously monitor CO emissions.
If using a wet scrubber to comply with the emission
limits, continuously monitor the following operating parameters: charge
rate, pressure drop across the wet scrubber (or amperage), and scrubber
liquid flow rate and pH.
If using something other than a wet scrubber to comply
with the emission limits, monitor other operating parameters, as
approved by the EPA.
Recordkeeping and Reporting Requirements:
Maintain for 5 years records of the initial performance
tests and all subsequent performance tests, operating parameters, any
maintenance, the siting analysis (for new units only), and operator
training and qualification. Each record must be kept on site for at
least 2 years. The records may be kept off site for the remaining 3
years.
Submit the results of the initial performance tests and
all subsequent performance tests and values for the operating
parameters.
Submit annual compliance reports and semiannual reports of
any deviations from the emission limits, operating limits, or other
requirements.
Apply for and obtain a title V operating permit.
F. What is the proposed compliance schedule?
Each incineration unit will be required to reach final compliance
by the date 3 years after publication of the final rule in the Federal
Register. In addition, the owner or operator will need to comply with
the operator training and qualification requirements and inspection
requirements by the date 1 year after publication of the final rule in
the Federal Register, regardless of when the OSWI unit reaches final
compliance.
To achieve final compliance, the owner or operator of each OSWI
unit must incorporate all process changes or complete retrofit
construction in accordance with the final control plan. The owner or
operator must connect the air pollution control equipment or process
changes such that when the OSWI unit is brought on line all necessary
process changes or air pollution control equipment will operate as
designed.
G. How did EPA determine the compliance schedule?
Section 129(f) of the CAA specifies the dates by which affected
facilities must comply with the EG. Existing units must be in
compliance with the guidelines as expeditiously as practicable after
approval of a State plan, but no later than three years after the
effective date of State plan approval or five years after promulgation
of the guidelines, whichever is earlier.
EPA chose to include the full compliance time allowed by CAA
section 129 in the EG and proposes to do the same in the proposed
Federal plan for OSWI units. The OSWI units are small and are located
at small municipalities and institutions that do not always have full-
time environmental staff. They will need time to investigate the
regulatory, technical, cost, financing, and economic implications of
control techniques and alternative waste disposal options available to
their facility. The EPA wants to allow sufficient time for owners and
operators of OSWI units to investigate, plan, and carry out activities
for compliance or, as expected in most cases, a closure of their waste
combustion units and an orderly transition to the use of alternative
waste disposal methods.
VI. OSWI That Have or Will Shut Down
A. Units That Plan To Close Rather Than Comply
If you plan to permanently close your currently operating
incineration unit, you must do so by the date three years after
publication of the final rule for this Federal plan in the Federal
Register. If you close your OSWI unit after the date one year after
publication of the final rule in the Federal Register, but before the
date three years after publication of the final rule in the Federal
Register, then you must comply with the operator training and
qualification requirements by the date one year after publication of
the final rule in the Federal Register. In addition, while still in
operation, you are subject to the same requirements for title V
operating permits that apply to units that will not shut down.
B. Inoperable Units
In cases where an OSWI unit has already shut down, has been
rendered inoperable, and does not intend to restart, the OSWI unit may
be left off the source inventory in a State, Tribal, or this Federal
plan. An OSWI unit that has been rendered inoperable would not be
covered by the Federal plan. The OSWI owner or operator may do the
following to render an OSWI unit inoperable: (1) Weld the waste charge
door shut, (2) remove stack (and by-pass stack, if applicable), (3)
remove combustion air blowers, or (4) remove burners or fuel supply
appurtenances.
C. OSWI Units That Have Shut Down
OSWI units that are known to have already shut down (but are not
known to be inoperable) are included in the source inventory for the
proposed Federal plan and will be identified in any State or Tribal
plan submitted to EPA.
1. Restarting Before the Final Compliance Date
If the owner or operator of an inactive incineration unit plans to
restart before the final compliance date, the owner or operator must
meet any requirements for operator training or obtaining title V
operating permits that apply to units planning to meet the final
compliance date.
2. Restarting After the Final Compliance Date
Before restarting, such OSWI units would have to complete the
operator training and qualification requirements and inspection
requirements (if applicable) and complete retrofit or process
modifications. Performance testing to demonstrate compliance would be
required within 30 days after restarting. An incineration unit that
operates out of compliance after the final compliance date would be in
violation of the Federal plan and subject to enforcement action.
VII. Implementation of the Federal Plan and Delegation
A. Background of Authority
Under sections 111(d) and 129(b) of the CAA, EPA is required to
adopt emission guidelines that are applicable to existing solid waste
incineration sources. These emission guidelines are enforceable once
EPA approves a State or Tribal plan or adopts a Federal plan that
implements and enforces them, and the State, Tribal, or Federal plan
has become effective. As discussed above, the Federal plan regulates
OSWI units in a State or Tribal area that does not have an EPA-approved
plan currently in effect.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with State and local agencies.
See section 101(a)(3) of the CAA. Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the States and local
[[Page 75824]]
agencies take the primary responsibility for ensuring that the emission
limitations and other requirements in the emission guidelines are
achieved. Also, in section 111(d) of the CAA, Congress explicitly
required that EPA establish procedures that are similar to those under
section 110(c) for State Implementation Plans. Although Congress
required EPA to propose and promulgate a Federal plan for States that
fail to submit approvable State plans on time, States and Tribes may
submit approvable plans after promulgation of the OSWI Federal plan.
The EPA strongly encourages States that are unable to submit approvable
plans to request delegation of the Federal plan so that they can have
primary responsibility for implementing the emission guidelines,
consistent with the intent of Congress.
Approved and effective State plans or delegation of the Federal
plan is EPA's preferred outcome since EPA believes that State and local
agencies not only have the responsibility to carry out the emission
guidelines, but also have the practical knowledge and enforcement
resources critical to achieving the highest rate of compliance. For
these reasons, EPA will do all that it can to expedite delegation of
the Federal plan to State and local agencies, whenever possible.
EPA also believes that Indian Tribes should be the primary parties
responsible for regulating air quality within Indian country, if they
desire to do so. See EPA's Indian Policy (``Policy for Administration
of Environmental Programs on Indian Reservations,'' signed by William
D. Ruckelshaus, Administrator of EPA, dated November 4, 1984),
reaffirmed in a 2001 memorandum (``EPA Indian Policy,'' signed by
Christine Todd Whitman, Administrator of EPA, dated July 11, 2001).
B. Delegation of the Federal Plan and Retained Authorities
If a State or Indian Tribe intends to take delegation of the
Federal plan, the State or Indian Tribe must submit to the appropriate
EPA Regional Office a written request for delegation of authority. The
State or Indian Tribe must explain how it meets the criteria for
delegation. See generally ``Good Practices Manual for Delegation of
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation,
an Indian Tribe must also establish its eligibility to be treated in
the same manner as a State. The letter requesting delegation of
authority to implement the Federal plan must demonstrate that the State
or Tribe has adequate resources, as well as the legal and enforcement
authority to administer and enforce the program. A memorandum of
agreement between the State or Tribe and EPA would set forth the terms
and conditions of the delegation, the effective date of the agreement,
and would also serve as the mechanism to transfer authority. Upon
signature of the agreement, the appropriate EPA Regional Office would
publish an approval notice in the Federal Register; thereby
incorporating the delegation of authority into the appropriate subpart
of 40 CFR part 62.
If authority is not delegated to a State or Indian Tribe, EPA will
implement the Federal plan. Also, if a State or Tribe fails to properly
implement a delegated portion of the Federal plan, EPA will assume
direct implementation and enforcement of that portion. The EPA will
continue to hold enforcement authority along with the State or Tribe
even when a State or Tribe has received delegation of the Federal plan.
In all cases where the Federal plan is delegated, EPA will retain and
will not transfer authority to a State or Tribe to approve the
following items:
The following authorities are withheld by the EPA Administrator and
not transferred to the State or Tribe:
(1) Approval of alternatives to the emission limitations in Table 1
of the proposed rule and operating limits established under 40 CFR
62.15585 and Table 2 of the proposed rule.
(2) Approval of petitions for specific operating limits in 40 CFR
62.15595 the proposed rule.
(3) Approval of major alternatives to test methods.
(4) Approval of major alternatives to monitoring.
(5) Approval of major alternatives to recordkeeping and reporting.
(6) The status report requirements in 40 CFR 62.15570(c)(2) the
proposed rule.
C. Mechanisms for Transferring Authority
There are two mechanisms for transferring implementation authority
to State or Tribal agencies: (1) EPA approval of a State or Tribal plan
after the Federal plan is in effect; and (2) if a State or Tribe does
not submit or obtain approval of its own plan, EPA delegation to a
State or Tribe of the authority to implement certain portions of this
Federal plan to the extent appropriate and if allowed by State or
Tribal law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State or
Tribal Plan
After OSWI units in a State or Tribal area become subject to the
Federal plan, the State or Tribal agency may still adopt and submit a
plan to EPA. If EPA determines that the State or Tribal plan is as
protective as the emission guidelines, EPA will approve the State or
Tribal plan. If EPA determines that the plan is not as protective as
the emission guidelines, EPA will disapprove the plan and the OSWI
units covered in the State or Tribal plan would remain subject to the
Federal plan until a State or Tribal plan covering those OSWI units is
approved and effective.
