Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010, 23401-23439 [2015-08777]

Download as PDF Vol. 80 Monday, No. 80 April 27, 2015 Part III Environmental Protection Agency mstockstill on DSK4VPTVN1PROD with PROPOSALS3 40 CFR Part 62 Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010; Proposed Rule VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27APP3.SGM 27APP3 23402 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–HQ–OAR–2012–0319; FRL–9923–62– OAR] RIN 2060–AR77 Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: On March 21, 2011, the Environmental Protection Agency (EPA) issued emissions standards for new and existing sewage sludge incineration units (SSI). This action proposes that existing SSI units implement the emission guidelines (EG) adopted on March 21, 2011, in states that do not have an approved state plan implementing the EG in place by March 21, 2012. This Federal Plan will result in emissions reductions of certain pollutants from all affected units. DATES: Comments. Comments must be received on or before June 11, 2015. Public Hearing. If anyone contacts the EPA by May 7, 2015 requesting to speak at a public hearing, the EPA will hold a public hearing on May 12, 2015. ADDRESSES: Submit your comments on the Federal Plan requirements proposed rule, identified by Docket ID No. EPA– HQ–OAR–2012–0319, by one of the following methods: • Federal Rulemaking Portal: www.regulations.gov: Follow the online instructions for submitting comments. • Email: a-and-r-Docketa@epa.gov, Attention Docket ID No. EPA–HQ– OAR–2012–0319. • Facsimile: Fax your comments to (202) 566–9744, Attention Docket ID No. EPA–HQ–OAR–2012–0319. • Mail: Send your comments to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA–HQ–OAR–2012– 0319. We request that a separate copy also be sent to the contact person identified below (see FOR FURTHER INFORMATION CONTACT). • Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/ DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004, Attention Docket ID No. EPA–HQ–OAR–2012– 0319. Such deliveries are accepted only during the normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through mstockstill on DSK4VPTVN1PROD with PROPOSALS3 SUMMARY: VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 Friday, excluding legal holidays) and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments on the Federal Plan requirements proposed rule to Docket ID No. EPA–HQ–OAR– 2012–0319. The EPA’s policy is that all comments received will be included in the public docket and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses. Public Hearing: If a public hearing is held, it will be held at the EPA’s campus located at 109 T.W. Alexander Drive in Research Triangle Park, NC. Contact Ms. Virginia Hunt at (919) 541– 0832, to request a hearing, to request to speak at a public hearing or to determine if a hearing will be held. If no one contacts the EPA requesting to speak at a public hearing concerning this proposed rule by May 7, 2015, a public hearing will not be held. If a hearing is held, it will provide interested parties the opportunity to present data, views or arguments concerning the proposed action. The EPA will make every effort to accommodate all speakers who arrive and register. Because this hearing, if held, will be at U.S. government facilities, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. Please note that the PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. If your driver’s license is issued by Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of Washington, you must present an additional form of identification to enter the federal building. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver’s licenses and military identification cards. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building and demonstrations will not be allowed on federal property for security reasons. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Commenters should notify Ms. Hunt if they will need specific equipment, or if there are other special needs related to providing comments at the hearings. Verbatim transcripts of the hearing and written statements will be included in the docket for the rulemaking. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to run either ahead of schedule or behind schedule. All details regarding a public hearing if one is held will be posted on our Web site at https:// www.epa.gov/ttn/atw/129/ssi/ssipg. html. The hearing will be cancelled without further notice. Docket: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2012–0319. The EPA has previously established a docket for the March 21, 2011, original sewage sludge incinerator (SSI) new source performance standards (NSPS) and emissions guidelines (EG) under Docket ID No. EPA–HQ–OAR–2009–0559. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Publicly available docket materials are available either electronically at www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and Incineration Group, Sector Policies and Programs Division (E143–05), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–0964; fax number: (919) 541–3470; email address: hambrick.amy@epa.gov. SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations.The following acronyms and abbreviations are used in this document. 7–PAH 7-Polycyclic Aromatic Hydrocarbons ACI Activated Carbon Injection AG Attorney General ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials CAA Clean Air Act CBI Confidential Business Information Cd Cadmium CDX Central Data Exchange CEDRI Compliance and Emissions Data Reporting Interface CEMS Continuous Emissions Monitoring Systems CFR Code of Federal Regulations CO Carbon Monoxide Cr Chromium EG Emission Guidelines EJ Environmental Justice ERT Electronic Reporting Tool ESP Electrostatic Precipitators FB Fluidized Bed FF Fabric Filter HAP Hazardous Air Pollutants HCl Hydrogen Chloride Hg Mercury ISTDMS Integrated Sorbent Trap Dioxin Monitoring System ISTMMS Integrated Sorbent Trap Mercury Monitoring System Mg/dscm Milligrams per Dry Standard Cubic Meter MH Multiple Hearth Mn Manganese NAICS North American Industrial Classification System Ng/dscm Nanograms per Dry Standard Cubic Meter Ni Nickel VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 NOX Nitrogen Oxides NSPS New Source Performance Standards NTTAA National Technology Transfer and Advancement Act of 1995 OAQPS Office of Air Quality Planning and Standards OMB Office of Management and Budget Pb Lead PCB Polychlorinated Biphenyls PCDD/PCDF Polychlorinated Dibenzo-PDioxins and Polychlorinated Dibenzofurans PM Particulate Matter PPM Parts per Million PPMV Parts per Million by Volume PPMDV Parts per Million of Dry Volume PRA Paperwork Reduction Act PS Performance Specifications RFA Regulatory Flexibility Act SBA Small Business Administration SO2 Sulfur Dioxide SSI Sewage Sludge Incineration TEF Toxicity Equivalence Factor TEQ Toxicity Equivalence The Court U.S. Court of Appeals for the District of Columbia Circuit TMB Total Mass Basis TPY Tons per Year TTN Technology Transfer Network UMRA Unfunded Mandates Reform Act of 1995 VCS Voluntary Consensus Standards WWW World Wide Web Organization of This Document. The following outline is provided to aid in locating information in this preamble. I. General Information A. Does the proposed action apply to me? B. What should I consider as I prepare my comments? II. Background Information A. What is the regulatory development background for this proposed rule? B. What is the purpose of this proposed rule? C. What is the status of state plan submittals? III. Affected Facilities A. What is a sewage sludge incinerator? B. Does the Federal Plan apply to me? C. How do I determine if my SSI is covered by an approved and effective state plan? IV. Elements of the SSI Federal Plan A. Legal Authority and Enforcement Mechanism B. Inventory of Affected SSI C. Inventory of Emissions D. Compliance Schedules E. Emissions Limits and Operating Limits F. Operator Training and Qualification Requirements G. Testing, Monitoring, Recordkeeping and Reporting Requirements H. Record of Public Hearings I. Progress Reports J. Affirmative Defense to Malfunctions V. Summary of Proposed SSI Federal Plan Requirements A. What are the proposed applicability requirements? B. What are the proposed compliance schedules? PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 23403 C. What are the proposed emissions limits and operating limits? D. What are the proposed performance testing and monitoring requirements? E. What are the proposed recordkeeping and reporting requirements? F. What other requirements is the EPA proposing? VI. SSI That Have or Will Shut Down A. Units That Plan To Close Rather Than Comply B. Inoperable Units C. SSI That Have Shut Down VII. Implementation of the Federal Plan and Delegation A. Background of Authority B. Delegation of the Federal Plan and Retained Authorities C. Mechanisms for Transferring Authority D. Implementing Authority VIII. Title V Operating Permits A. Title V and Delegation of a Federal Plan IX. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Environmental Justice Considerations K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. Does the proposed action apply to me? Regulated Entities. If you own or operate an existing SSI and are not already subject to an EPA-approved and effective state plan implementing the March 21, 2011, emissions guidelines (EG), you may be covered by this proposed action. Existing SSI are those that commenced construction on or before October 14, 2010. Regulated categories and entities include those that operate SSI. Although there is no specific North American Industry Classification System (NAICS) code for SSI, these units may be operated by wastewater treatment facilities designed to treat domestic sewage sludge. The following NAICS codes could apply as shown in Table 1 below: E:\FR\FM\27APP3.SGM 27APP3 23404 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules TABLE 1—EXAMPLES OF POTENTIALLY REGULATED ENTITIES Category NAICS code Solid waste combustors and incinerators ............................................................................... Sewage treatment facilities ..................................................................................................... This table is not intended to be exhaustive, but rather provides a general guide for identifying entities likely to be affected by the proposed action. To determine whether your facility would be affected by this action, you should examine the applicability criteria in 40 CFR 62.15855 to 62.15870 of subpart LLL being proposed today. If you have any questions regarding the applicability of this action to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 B. What should I consider as I prepare my comments? 1. Submitting CBI Do not submit information that you consider to be CBI electronically through www.regulations.gov or email. Send or deliver information identified as CBI to only the following address: OAQPS Document Control Officer (Room C404–02), U.S. EPA, Research Triangle Park, NC 27711, Attention Docket ID No. EPA–HQ–OAR–2012– 0319. Clearly mark the part or all of the information that you claim to be CBI. For CBI on a disk or CD–ROM that you mail to the EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section. 2. Docket. The docket number for the proposed action regarding the SSI Federal Plan (40 CFR part 62, subpart LLL) is Docket ID No. EPA–HQ–OAR– 2012–0319. 3. World Wide Web (WWW). In addition to being available in the docket, an electronic copy of the proposed action is available on the WWW through the Technology Transfer Network (TTN) Web site. Following VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 signature, the EPA will post a copy of the proposed action at https:// www.epa.gov/airtoxics/129/ssi/ ssipg.html. The TTN provides information and technology exchange in various areas of air pollution control. Additional information is also available at the same Web site. 4. Solicitation of Comments The EPA is aware of concerns regarding the 40 CFR 62.16015 provision requiring the SSI to operate at a minimum of 85 percent of the maximum permitted capacity during testing. We are specifically soliciting comments and additional data on whether the 85 percent threshold warrants a revision due to operational limitations or other factors. II. Background Information A. What is the regulatory development background for this proposed rule? Section 129 of the Clean Air Act (CAA), titled, ‘‘Solid Waste Combustion,’’ requires the EPA to develop and adopt standards for solid waste incineration units pursuant to CAA sections 111 and 129. On March 21, 2011, the EPA promulgated NSPS and EG for SSI units located at wastewater treatment facilities designed to treat domestic sewage sludge. See 76 FR 15372. Codified at 40 CFR part 60, subparts LLLL and MMMM, these final rules set limits for nine pollutants under section 129 of the CAA: cadmium (Cd), carbon monoxide (CO), hydrogen chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides (NOX), particulate matter (PM), polychlorinated dibenzo-pdioxins and polychlorinated dibenzofurans (PCDDs/PCDFs), and sulfur dioxide (SO2). Sections 111(b) and 129(a) of the CAA address emissions from new units (i.e., NSPS), and CAA sections 111(d) and 129(b) address emissions from existing units (i.e., EG). The NSPS are directly enforceable federal regulations, and, under CAA section 129(f)(1), become effective 6 months after promulgation. Unlike the NSPS, the EG are not themselves directly enforceable. Section 129(b)(2) of the CAA directs states with existing SSI subject to the EG to submit plans to the EPA that implement and enforce the EG. The deadline for states to submit state plans PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 562213 221320 Examples of potentially regulated entities Municipalities with SSI units. to the EPA for review was March 21, 2012.1 Sections 111 and 129(b)(3) of the CAA and 40 CFR 60.27(c) and (d) require the EPA to develop, implement and enforce a Federal Plan for SSI in any state without an approvable state plan within 2 years after promulgation of the EG. This action proposes the SSI Federal Plan. On August 20, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (the Court) remanded portions of the 2011 SSI rules for further explanation. National Ass’n. of Clean Water Agencies v. EPA, 734 F.3d 1115. The Court did not vacate the NSPS or EG, and, therefore, the requirements of the rules remain in place. The EPA is evaluating the Court’s decision and intends to address the Court’s remand in a timely manner. However, the court’s remand requires EPA to provide additional explanation of several aspects of its MACT floor calculations in the SSI rule, and the Agency’s response to the decision may require further evaluation of those calculations. In the meantime, the agency believes it is appropriate to propose the Federal Plan at this time because the SSI rule remains in place following the Court’s decision and the federal plan is needed to implement the rule in states without an approved state plan. In this proposal, the EPA is soliciting public comment only on the implementation of the SSI EG through the proposed Federal Plan. The EPA will not address comments on the underlying SSI rule. B. What is the purpose of this proposed rule? Section 129 of the CAA relies upon states as the preferred implementers of EG for existing SSI. States with existing SSI are to submit to the EPA within 1 year following promulgation of the EG state plans that are at least as protective as the EG. The EPA must develop, implement and enforce a Federal Plan within 2 years following promulgation of the EG for sources in states which have not submitted an approvable plan. The Federal Plan is an interim measure to ensure that emissions standards are implemented until states assume their 1 Several states did not submit plans to the EPA by this date. E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules role as the preferred implementers of the EG. States without any existing SSI are directed to submit to the Administrator a letter of negative declaration certifying that there are no SSI in the state. No plan is required for states that do not have any SSI. SSI located in states that mistakenly submit a letter of negative declaration would be subject to the Federal Plan until a state plan covering those SSI becomes approved. State plans that have been submitted to implement the EG adopted on March 21, 2011, are currently undergoing EPA review. This action proposes the SSI Federal Plan to implement the EG adopted on March 21, 2011, for those states that did not have an approved state plan in place by March 21, 2012. Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require the EPA to develop, implement and enforce a Federal Plan to cover existing SSI located in states that do not have an approved plan within 2 years after promulgation of the EG (by March 21, 2013). The EPA is proposing the SSI Federal Plan now so that a promulgated Federal Plan will go into place for any such states, and, thus, ensuring implementation and enforcement of the SSI EG. Incineration of sewage sludge causes the release of a wide array of air pollutants, some of which exist in the waste feed material and are released unchanged during combustion, and some of which are generated as a result of the combustion process itself.2 The EPA estimated in the 2011 rule that once the state plans and Federal Plan become effective, a total emissions reduction of the regulated pollutants would occur as follows: Acid gases (i.e., HCl and SO2) about 450 tons per year 23405 (TPY), PM about 58 TPY, non-mercury metals (i.e., Pb and Cd) about 1.7 TPY and Hg about 4 pounds per year. The EPA also estimated that air pollution control devices installed to comply with the 2011 rule would also effectively reduce emissions of pollutants such as 7-Polycyclic Aromatic Hydrocarbons (7– PAH), chromium (Cr), manganese (Mn), nickel (Ni), and polychlorinated biphenyls (PCB). C. What is the status of state plan submittals? Sections 111(d) and 129(b)(3) of the CAA, 42 U.S.C. 7411(d) and 7429(b)(3), authorize and require the EPA to develop and implement a Federal Plan for SSI located in states with no approved and effective state plan. The status of the state plans as of this proposal is outlined in the following table. TABLE 2—STATUS OF STATE PLANS Status States I. States with EPA-Approved State Plans ................... II. States Anticipated to Submit Negative Declarations to the EPA. Indiana. Huntsville, Alabama; Jefferson County, Alabama; Kentucky; Jefferson County, Kentucky; Mississippi; Tennessee; Montana; Pima County, Arizona; Pinal County, Arizona; Hawaii; Washoe County, Nevada; American Samoa; Guam; Oregon. Maine; Vermont; District of Columbia; Delaware; Philadelphia County, Pennsylvania; West Virginia; Alabama; Arkansas; City of Albuquerque, New Mexico; New Mexico; Oklahoma; Texas; Nebraska; Colorado; North Dakota; South Dakota; Wyoming Arizona; Idaho. New York; Florida; Georgia; South Carolina. Puerto Rico; Virginia; Missouri. Rhode Island; Virgin Islands; Huntsville, Alabama; Jefferson County, Alabama; Kentucky; Jefferson County, Kentucky; Mississippi; North Carolina; Forsyth County, North Carolina; Mecklenburg County, North Carolina; Buncombe County, North Carolina; Tennessee; Minnesota; Louisiana; Iowa; Kansas; Utah; Montana; Pima County, Arizona; Pinal County, Arizona; California; Hawaii; Washoe County, Nevada; American Samoa; Guam; Alaska; Oregon; Washington. Connecticut; Massachusetts; New Hampshire; New Jersey; Maryland; Pennsylvania; Allegheny County, Pennsylvania; Illinois; Michigan; Ohio; Wisconsin; Maricopa County, Arizona; Nevada; Clark County, Nevada. III. Negative Declaration Submitted/EPA Approved .... IV. Final State Plans Submitted to the EPA ................ V. Draft States Plans Submitted to the EPA ............... VI. States from which the EPA has not received a draft or final plan or negative declaration. VII. States Anticipated to Accept Delegation of Federal Plan. The preamble of the final Federal Plan will list states that have an EPAapproved plan in effect on the date the final Federal Plan is signed by the EPA Administrator. As Regional Offices approve state plans, they will also, in the same action, amend the appropriate subpart of 40 CFR part 62 to codify their approvals. The EPA will maintain a list of state plan submittals and approvals on the TTN Air Toxics Web site at https:// www.epa.gov/airtoxics/129/ssi/ ssipg.html. The list will help SSI owners or operators determine whether their SSI is affected by a state plan or the Federal Plan. Sewage sludge incinerator owners and operators can also contact the EPA Regional Office for the state in which their SSI is located to determine whether there is an approved and effective state plan in place. Table 3 lists the names, email addresses and telephone numbers of the EPA Regional Office contacts and the states and protectorates that they cover. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 TABLE 3—REGIONAL OFFICE CONTACTS Region Regional contact Region I ............ Patrick Bird, bird.patrick@epa.gov .......................... (617) 918–1287 Region II ........... Ted Gardella, gardella.anthony@epa.gov ............... (212) 637–3892 2 See 76 FR 51371–51375, 51396–51399 and 51399–51400 to reference the regulatory VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 Phone States and protectorates Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont. New York, New Jersey, Puerto Rico, Virgin Islands. background, summary of final rule changes and impacts of the EG adopted on March 21, 2011. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\27APP3.SGM 27APP3 23406 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules TABLE 3—REGIONAL OFFICE CONTACTS—Continued Region Regional contact Region III .......... Mike Gordon, gordon.mike@epa.gov ...................... (215) 814–2039 Region IV .......... Stan Kukier, Kukier.stan@epa.gov. ......................... (404) 562–9046 Region V ........... Margaret Sieffert, sieffert.margaret@epa.gov ......... (312) 353–1151 Region VI .......... Steve Thompson, thompson.steve@epa.gov .......... (214) 665–2769 Region VII ......... Region VIII ........ Lisa Hanlon, hanlon.lisa@epa.gov .......................... Kendra Morrison, Morrison.kendra@epa.gov .......... (913) 551–7599 (303) 312–6145 Region IX .......... Joseph Lapka, lapka.joseph@epa.gov .................... (415) 947–4226 Region X ........... Heather Valdez, valdez.heather@epa.gov .............. (206) 553–6220 III. Affected Facilities A. What is a sewage sludge incinerator? The term ‘‘SSI’’ means any unit 3 that combusts any amount of sewage sludge located at a wastewater treatment facility designed to treat domestic sewage sludge, as defined in 40 CFR part 62, subpart LLL. The affected facility is each individual SSI unit. The Federal Plan defines two subcategories for existing SSI units in 40 CFR part 62.16045 of subpart LLL: Multiple hearth (MH) incinerators and fluidized bed (FB) incinerators. The combustion of sewage sludge that is not burned in an SSI unit located at a wastewater treatment facility designed to treat domestic sewage sludge may be subject to other standards under the CAA. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 B. Does the Federal Plan apply to me? The Federal Plan would apply to the owner or operator of an affected SSI unit and the device is not covered by an approved and effective state plan as of March 21, 2012. The Federal Plan would cover SSI until the EPA approves a state plan that covers SSI and that plan becomes effective. If the construction of an SSI unit began on or before October 14, 2010, it would be considered an existing SSI and could be subject to the Federal Plan. If the construction of an SSI unit began after October 14, 2010, or modification 3 An SSI unit is an enclosed device or devices using controlled flame combustion that burns sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter. An SSI unit also includes, but is not limited to, the sewage sludge feed system, auxiliary fuel feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The SSI unit includes all ash handling systems connected to the bottom ash handling system. The combustion unit bottom ash system ends at the truck loading station or similar equipment that transfers the ash to final disposal. The SSI unit does not include air pollution control equipment or the stack. 40 CFR 60.5250. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 Phone States and protectorates Virginia, Delaware, District of Columbia, Maryland, Pennsylvania, West Virginia. Florida, Georgia, North Carolina, Alabama, Kentucky, Mississippi, South Carolina, Tennessee. Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio. Arkansas, Louisiana, New Mexico, Oklahoma, Texas. Iowa, Kansas, Missouri, Nebraska. Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. Arizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Mariana Islands. Alaska, Idaho, Oregon, Washington. of an SSI unit began after September 21, 2011, it would be considered a new SSI and would be subject to the NSPS. Any existing SSI would be subject to this Federal Plan, if, on the effective date of the Federal Plan, the EPA has not approved a state plan implementing the EG that covers an SSI unit or the EPA-approved state plan has not become effective. The specific applicability of the proposed Federal Plan is described in 40 CFR 62.15855 through 62.15870 of subpart LLL. The Federal Plan would become effective 30 days after final promulgation. Once an approved state plan is in effect, the Federal Plan would no longer apply to SSI covered by an approved state plan. An approved state plan is a plan developed by a state that the EPA has reviewed and approved based on the requirements in 40 CFR part 60, subpart B, to implement 40 CFR part 60, subpart MMMM. The state plan is effective on the date specified in the notice published in the Federal Register announcing the EPA’s approval of the plan. The EPA’s promulgation of an SSI Federal Plan will not preclude states from submitting a plan. If a state submits a plan after the promulgation of the SSI Federal Plan, the EPA will review and approve or disapprove the state plan. If the EPA approves a plan, then the SSI Federal Plan no longer applies to SSI covered by the state plan. If an SSI were overlooked by a state and the state submitted a negative declaration letter, or if an individual SSI were not covered by an approved and effective state plan, the SSI would be subject to this Federal Plan. C. How do I determine if my SSI is covered by an approved and effective state plan? Part 62 of Title 40 of the CFR identifies the status of approval and promulgation of CAA section 111(d) and PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 CAA section 129 state plans for designated facilities in each state. However, 40 CFR part 62 is updated only once per year. Thus, if 40 CFR part 62 does not indicate that your state has an approved and effective plan, you should contact your state environmental agency’s air director or your EPA Regional Office (see Table 3 in section II.C of this preamble) to determine if approval occurred since publication of the most recent version of 40 CFR part 62. IV. Elements of the SSI Federal Plan The basic elements of the Federal Plan include: (1) Identification of legal authority and mechanisms for implementation; (2) inventory of SSI; (3) emissions inventory; (4) compliance schedules; (5) emissions limits and operating limits; (6) operator training and qualification; (7) testing, monitoring, recordkeeping and reporting; (8) public hearing; and (9) progress reporting. See 40 CFR part 62, subparts LLL and sections 111 and 129 of the CAA. Below, we explain the proposed Federal Plan elements in detail. A. Legal Authority and Enforcement Mechanism Section 301(a) of the CAA provides the EPA with broad authority to write regulations that carry out the functions of the CAA. Sections 111(d) and 129(b)(3) of the CAA direct the EPA to develop a Federal Plan for states that do not submit approvable state plans. Sections 111 and 129 of the CAA provide the EPA with the authority to implement and enforce the Federal Plan in cases where the state fails to submit a satisfactory state plan. Section 129(b)(3) of the CAA requires the EPA to develop, implement and enforce a Federal Plan within 2 years after the date the relevant EG are promulgated (by March 21, 2013, for the 2011 SSI E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules EG). Compliance with the EG cannot be later than 5 years after the relevant EG are promulgated (by March 21, 2016, for the 2011 SSI EG). B. Inventory of Affected SSI In Docket No. EPA–HQ–OAR–2012– 0319, today’s proposed Federal Plan includes an inventory of the SSI that may potentially be covered by this Federal Plan in the absence of approved state plans. (See 40 CFR 62.15870.) This inventory contains 185 SSI in 25 states. It is based on information collected from EPA Regions, states, SSI facilities, and review of existing SSI inventories, Title V permits, emissions test reports and facility Web sites. The EPA recognizes that this list may not be complete. Therefore, sources potentially subject to this proposed Federal Plan may include, but are not limited to, the SSI listed in Docket No. EPA–HQ–OAR–2012–0319. Any SSI that meets the applicability criteria in the proposed Federal Plan rule would be subject to the Federal Plan, regardless of whether it is listed in the inventory. States or individuals are invited to identify additional sources for inclusion to the list during the comment period for this proposal. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 C. Inventory of Emissions This proposed Federal Plan includes an emissions estimate for existing SSI. The pollutants inventoried are Cd, CO, PCDD/PCDF, HCl, Pb, Hg, PM, NOX and SO2. For this proposal, the EPA has estimated the emissions from each known SSI that potentially may be covered by the proposed Federal Plan for the nine pollutants regulated by the EG and covered by the proposed Federal Plan. The emissions inventory is based on available information about the SSI and typical emissions rates developed for calculating nationwide air impacts of the EG. Refer to the inventory memorandum in Docket No. EPA–HQ– OAR–2012–0319 for the complete updated emissions inventory.We are soliciting comments on additional data regarding the emission inventory for existing SSI. D. Compliance Schedules Owners or operators of affected SSI units must comply within 1 year from state plan approval or, in the case of the Federal Plan, within 1 year of promulgation of the Federal Plan. Increments of progress are required for SSI that need more than 1 year from state plan approval to comply, or, in the case of the Federal Plan, more than 1 year after promulgation of the final Federal Plan. (See 40 CFR 62.15875 through 62.15915.) The two proposed VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 increments of progress are included to ensure that each SSI needing more time to comply is making progress toward meeting the emissions limits. The proposed Federal Plan includes defined and enforceable dates for completion of each increment. These increments of progress are: (1) Submit final control plan; and (2) final compliance. E. Emissions Limits and Operating Limits The proposed Federal Plan contains emissions limits that correspond to the 2011 SSI rule. (See 40 CFR 62.15955 through 62.16010.) The emissions limits in this proposed SSI Federal Plan are the same as those contained in the 2011 EG. (See proposed Table 5 of this preamble.)This action does not revise these limits. It is only intended to implement these limits for existing sources in states that have not adopted a state plan. Section V.B of this preamble discusses these emissions limits. F. Operator Training and Qualification Requirements The proposed Federal Plan requires that the owner or operator must qualify operators or their supervisors (at least one per facility) by ensuring that they complete an operator training course and annual review or refresher course. (See 40 CFR 62.15920 through 62.15950.) Today’s proposed Federal Plan also contains operator training and qualification requirements that correspond to the 2011 EG. G. Testing, Monitoring, Recordkeeping and Reporting Requirements The proposed Federal Plan includes testing, monitoring, recordkeeping and reporting requirements. (See 40 CFR 62.16015 through 62.16040.) These proposed requirements correspond with the 2011 EG. Testing, monitoring, recordkeeping and reporting requirements will assure initial and ongoing compliance. H. Record of Public Hearings Today’s proposed Federal Plan provides opportunity for public participation in adopting the plan. If requested to do so, the EPA will hold a public hearing in Research Triangle Park, NC. A record of the public hearing, if any, will appear in Docket No. EPA–HQ–OAR–2012–0319. If a public hearing is requested and held, the EPA may ask clarifying questions during the oral presentation, but will not respond to the presentations or comments at that time. Written statements and supporting information PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 23407 submitted during the public comment period will be considered with equivalent weight as any oral statement and supporting information subsequently presented at a public hearing, if held. I. Progress Reports Today’s proposed Federal Plan requests that the EPA Regional Offices prepare annual progress reports to show the progress of SSI toward implementation of the EG. States that have been delegated the authority to implement and enforce this Federal Plan would be required to submit annual progress reports to the appropriate EPA Regional Office. Each progress report must include the following items: (1) Status of enforcement actions; (2) status of increments of progress; (3) identification of sources that have shut down or started operation; (4) emissions inventory data for sources that were not in operation at the time of plan development but that began operation during the reporting period; (5) additional data as necessary to update previously submitted source and emissions information; and (6) copies of technical reports on any performance testing and monitoring. J. Affirmative Defense to Malfunctions The proposed Federal Plan does not include an affirmative defense to malfunction events. In the 2011 SSI rule, the EPA included an affirmative defense which provided that civil penalties would not be assessed if a source demonstrated in a judicial or administrative proceeding that it had met certain requirements. However in 2014, the Court vacated such an affirmative defense in one of the EPA’s CAA section 112(d) regulations. NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014) (vacating affirmative defense provisions in CAA section 112(d) rule establishing emission standards for Portland cement kilns). The Court found that the EPA lacked authority to establish an affirmative defense for private civil suits and held that under the CAA, the authority to determine civil penalty amounts lies exclusively with the Courts, not the EPA. Specifically, the Court found: ‘‘As the language of the statute makes clear, the courts determine, on a case-by-case basis, whether civil penalties are ‘appropriate.’ ’’ See NRDC at 1063 (‘‘U]nder this statute, deciding whether penalties are ‘appropriate’ in a given private civil suit is a job for the courts, not EPA.’’). In light of NRDC, the EPA’s proposed Federal Plan for the SSI rule does not include the affirmative defense E:\FR\FM\27APP3.SGM 27APP3 23408 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules provision. The EPA intends to revise the SSI rule and remove the affirmative defense provision from the rule in the near future. V. Summary of Proposed SSI Federal Plan Requirements 4 lists each element and identifies where it is located or codified. The proposed SSI Federal Plan requirements are described below. Table TABLE 4—ELEMENTS OF THE PROPOSED SSI FEDERAL PLAN Element of the SSI Federal Plan Location Legal authority and enforcement mechanism ................................................. Inventory of affected SSI units ........................................................................ Inventory of emissions ..................................................................................... Compliance schedules ..................................................................................... Emissions limits and operating limits .............................................................. Operator training and qualification .................................................................. Testing, monitoring, recordkeeping and reporting ........................................... Record of public hearings ................................................................................ Progress reports .............................................................................................. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 A. What are the proposed applicability requirements? The proposed Federal Plan applicability reflects the 2011 EG. The proposed Federal Plan applies to existing SSI units meeting the applicability of 40 CFR 62.15855 that are located in any state that does not currently have an approved state plan in place. Existing SSI are considered to be all SSI units for which construction commenced on or before October 14, 2010. All SSI units for which construction commenced after October 14, 2010, or for which modification commenced after September 21, 2011, are considered ‘‘new’’ sources subject to NSPS emissions limits (40 CFR part 60, subpart LLLL). The Federal Plan requirements apply to owners and/or operators of SSI units (as defined in 40 CFR 62.16045) located at wastewater treatment facilities designed to treat domestic sewage sludge. Two subcategories are defined for existing units: MH incinerators and FB incinerators. The combustion of sewage sludge that is not burned in an SSI unit located at a wastewater treatment facility designed to treat domestic sewage sludge may be subject to other incineration standards. B. What are the proposed compliance schedules? Today’s proposed Federal Plan requires owners or operators of SSI to either: (1) Come into compliance with the plan within 1 year after the plan is promulgated; or (2) meet increments of progress and come into compliance by March 21, 2016. Increments of progress are necessary in order to ensure that SSI needing more time to comply are making progress toward meeting the emissions limits and will be in compliance by the required date. This proposed Federal Plan includes two increments of progress (See 40 CFR VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA. Docket ID No. EPA–HQ–OAR–2012–0319. Docket ID No. EPA–HQ–OAR–2012–0319. 40 CFR 62.15875 to 62.15915. 40 CFR 62.15955 to 62.16010. 40 CFR 62.15920 to 62.15950. 40 CFR 62.16015 to 62.16040. Docket ID No. EPA–HQ–OAR–2012–0319. Section V.B. of this preamble. 62.15875 through 62.15915), along with defined and enforceable dates for completion of each increment. The SSI owner or operator must meet each of the two increments of progress for each SSI no later than the applicable compliance date for each increment. In addition, the owner or operator must notify the EPA and permitting authority or delegated authority as each increment of progress is achieved, as well as when any is missed. The notification must identify the increment and the date the increment is achieved (or missed). If an owner or operator misses an increment deadline, the owner or operator must also notify the EPA and permitting authority or delegated authority when the increment is achieved. The owner or operator must mail the notification to the applicable EPA Regional Office and permitting authority or delegated authority within 10 business days after the increment date that is defined in the Federal Plan. (See Table 3 under section II.C.of this preamble for a list of EPA Regional Offices.) The definition of each increment of progress, along with its required completion date, follows. Submit Final Control Plan. To meet this increment, the owner or operator of each SSI must submit a plan that includes a description of the devices for air pollution control and process changes that will be used to comply with the emissions limits and standards and other requirements of this subpart, a description of the type(s) of waste to be burned (if other than sewage sludge is burned in the unit), the maximum design sewage sludge burning capacity, and, if applicable, the petition for sitespecific operating limits under 40 CFR 62.15965. A copy of the final control plan must be maintained onsite. A final control plan is not required for units that will be shut down prior to the final control plan submittal date. PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 Completion date: [3 months from date of publication of the final rule in the Federal Register]. Final Compliance. To be in final compliance means to complete all process changes and retrofit construction of control devices as specified in the final control plan, so that if the SSI is brought online, all necessary process changes and air pollution control devices are operating as designed. Completion date: March 21, 2016. The EPA developed this schedule using the EPA guidance drafted for enabling states to draft state plans and set increments of progress. The 2010 State Implementation Guidance Document is available in this rulemaking docket and through the EPA’s TTN at https://www.epa.gov/ ttnatw01/129/hmiwi/epa453b10001_ hmiwi.pdf. If an SSI does not achieve final compliance by March 21, 2016, the proposed Federal Plan requires the SSI to shut down by March 21, 2016, complete the retrofit while not operating and be in compliance upon restarting. An SSI that operates out of compliance after the final compliance date would be in violation of the Federal Plan and subject to enforcement action. C. What are the proposed emissions limits and operating limits? This action proposes to incorporate the EG emissions and operating limits into the SSI Federal Plan. Table 5 of this preamble summarizes the EG emissions limits promulgated. Existing sources may comply with either the PCDD/ PCDF toxicity equibalance or total mass balance emission limits. These standards apply at all times. Facilities will be required to establish site-specific operating limits derived from the results of performance testing. The site-specific operating limits are established as the E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules minimum (or maximum, as appropriate) operating parameter value measured during the performance test. These operating limits will result in achievable operating ranges that will ensure that the control devices used for compliance will be operated to achieve continuous compliance with the emissions limits. 23409 Further discussion on performance testing can be found in section V.D.of this preamble. TABLE 5—SUMMARY OF EG EMISSIONS LIMITS PROMULGATED FOR EXISTING SSI Pollutant Units Emission limit for MH incinerators Cd ........................................ milligrams per dry standard cubic meter @7 percent Oxygen. parts per million of dry volume @7 percent Oxygen .... parts per million of dry volume @7 percent Oxygen .... mg/dscm @7% 02 ......................................................... parts per million of dry volume @7 percent Oxygen .... milligrams per dry standard cubic meter @7 percent Oxygen. nanograms per dry standard cubic meter @7 percent Oxygen. nanograms per dry standard cubic meter @7 percent Oxygen. milligrams per dry standard cubic meter @7 percent Oxygen. parts per million of dry volume @7 percent Oxygen .... Percent of the hourly observation period ...................... 0.095 .................................. 0.0016. 3,800 .................................. 1.2 ...................................... 0.28 .................................... 220 ..................................... 0.30 .................................... 64. 0.51. 0.037. 150. 0.0074. 0.32 .................................... 0.10. 5.0 ...................................... 1.2. 80 ....................................... 18. 26 ....................................... Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period. 15. Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period. CO ....................................... HCl ....................................... Hg ........................................ NOX ..................................... Pb ........................................ PCDD/PCDF, TEQ .............. PCDD/PCDF, TMB .............. PM ....................................... SO2 ...................................... Fugitive emissions from ash handling. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 D. What are the proposed performance testing and monitoring requirements? The following paragraphs list a number of testing and monitoring requirements in the 2011 EG that are proposed to be incorporated into the SSI Federal Plan in today’s action. 1. Performance Testing The proposed performance testing provisions reflect those in the SSI EG. First, today’s proposed Federal Plan requires all existing SSI units to demonstrate initial and annual compliance with the emission limits using EPA-approved emission test methods. Additionally, there is a proposed option for less frequent testing if sources demonstrate that their emissions of regulated pollutants are below thresholds of the emission limits. This proposal requires initial and annual emissions performance tests (or continuous emissions monitoring or continuous sampling as an alternative), bag leak detection systems for fabric filter (FF) controlled units, and continuous parameter monitoring, if they are used to meet the emission limits. All SSI are also required to conduct initial and annual inspections of air pollution control devices. Additional monitoring includes the Method 22 (see 40 CFR part 60, appendix A–7) visible emissions test of the ash handling operations during each VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 compliance test to demonstrate compliance with the visible emissions limit. For existing SSI units, use of Cd, CO, HCl, NOX, PM, Pb or SO2 Continuous Emissions Monitoring Systems (CEMS); Integrated Sorbent Trap Mercury Monitoring System (ISTMMS); and Integrated Sorbent Trap Dioxin Monitoring System (ISTDMS) (continuous sampling with periodic sample analysis) are approved alternatives to parametric monitoring and annual compliance testing. Second, today’s proposed Federal Plan allows sources to use results of their previous emissions tests to meet the initial compliance performance test requirement if those tests were conducted within the 2 previous years and were conducted under the same conditions. The operating limits established during the most recent performance test that demonstrated initial compliance with the emissions limits must be met. Third, today’s proposed Federal Plan incorporates by reference two alternatives to the EPA reference test methods, ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses and ASTM D6784–02, Standard Test Method for Elemental, Oxidized, Particle Bound and Total Mercury Generated from CoalFired Stationary sources (Ontario-Hydro Method). These tests are discussed further in section IX.I.titled, ‘‘National PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 Emission limit for FB incinerators Technology Transfer and Advancement Act (NTTAA),’’ of this preamble. 2. Monitoring Monitoring of operating limits can be used to indicate whether air pollution control equipment and practices are functioning properly to minimize air pollution. The 2011 EG and today’s proposed Federal Plan include the following parameter monitoring requirements for good combustion, wet scrubbers, afterburners, electrostatic precipitators (ESP), activated carbon injection (ACI) or FF: • All units must establish a minimum operating temperature or afterburner temperature, site specific operating requirements for fugitive ash, and monitor feed rate and moisture content of the sludge. • If using a scrubber to comply with the emissions limits for PM, Pb and Cd, continuously monitor minimum pressure drop. • If using a scrubber to comply with any of the emissions limits, continuously monitor minimum scrubber liquid flow rate. • If using a scrubber to comply with the emissions limits for SO2 or HCl, continuously monitor minimum scrubber liquid pH. • If using an afterburner to comply with the emissions limits, continuously E:\FR\FM\27APP3.SGM 27APP3 23410 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 monitor the minimum temperature of the afterburner combustion chamber. • If using an ESP to comply with PM, Pb and Cd emissions limits, continuously monitor minimum power input to the ESP collection plates. Power input must be calculated as the product of the secondary voltage and secondary amperage to the ESP collection plates. Both the secondary voltage and secondary amperage must be recorded during the performance test. • If using an ESP to comply with PM, Pb and Cd emissions limits, monitor hourly minimum effluent water flow rate at the outlet of the ESP. • If using ACI to comply with the emissions limits, monitor hourly minimum Hg sorbent inject rate, minimum PCDD/PCDF sorbent injection rate, and continuously monitor minimum carrier gas flow rate or minimum carrier gas pressure drop for the applicable emission limit. • If using a FF, install a bag leak detection system and operate the bag leak detection system such that the alarm does not sound more than 5 percent of the operating time during a 6-month period. • If using something other than a wet scrubber, ESP, ACI, FF or afterburner, petition the Administrator for other sitespecific operating parameters, operating limits, and averaging periods to be established during the initial performance test and continuously thereafter. Owners or operators are not required to establish operating limits for the operating parameters for a control device if a Continuous Monitoring System (CMS) is used to demonstrate compliance with the emissions limits. 3. Electronic Data Submittal In this proposal, the EPA is describing a process to increase the ease and efficiency of performance test data submittal while improving data accessibility. Specifically, the EPA is proposing that owners and operators of SSI facilities submit electronic copies of required performance test and performance evaluation reports by direct computer-to-computer electronic transfer using EPA-provided software. This mirrors the 2011 EG for SSI units. The direct computer-to-computer electronic transfer is accomplished through the EPA’s Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI). The CDX is the EPA’s portal for submittal of electronic data. The EPA-provided software is called the Electronic Reporting Tool (ERT) which is used to generate electronic reports of performance tests and evaluations. The VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 ERT generates an electronic report package which will be submitted using the CEDRI. The submitted report package will be stored in the CDX archive (the official copy of record) and the EPA’s public database called WebFIRE. All stakeholders will have access to all reports and data in WebFIRE and accessing these reports and data will be very straightforward and easy (see the WebFIRE Report Search and Retrieval link at https:// cfpub.epa.gov/webfire/index. cfm?action=fire.searchERTSubmission). A description and instructions for use of the ERT can be found at https:// www.epa.gov/ttn/chief/ert/ and CEDRI can be accessed through the CDX Web site (www.epa.gov/cdx). A description of the WebFIRE database is available at: https://cfpub.epa.gov/ oarweb/index.cfm?action=fire.main. The proposal to submit performance test data electronically to the EPA applies only to those performance tests (and/or performance evaluations) conducted using test methods that are supported by the ERT. The ERT supports most of the commonly used EPA reference methods. A listing of the pollutants and test methods supported by the ERT is available at: https:// www.epa.gov/ttn/chief/ert/. Similarly described in the 2011 EG for SSI units, we believe that industry would benefit from this proposed approach to electronic data submittal. Specifically, by using this approach, industry will save time in the performance test submittal process. Additionally, the standardized format that the ERT uses allows sources to create a more complete test report resulting in less time spent on data backfilling if a source failed to include all data elements required to be submitted. Also, through this proposal, industry may only need to submit a report once to meet the requirements of the applicable subpart because stakeholders can readily access these reports from the WebFIRE database. This also benefits industry by reducing on recordkeeping costs as the performance test reports that are submitted to the EPA using CEDRI are no longer required to be retained in hard copy, thereby, reducing staff time needed to coordinate these records. Since the EPA will already have performance test data in hand, another benefit to industry is that fewer or less substantial data collection requests in conjunction with prospective required residual risk assessments or technology reviews will be needed. This would result in a decrease in staff time needed to respond to data collection requests. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 State, local and tribal air pollution control agencies may also benefit from having electronic versions of the reports they are now receiving. For example, state, local and tribal air pollution control agencies may be able to conduct a more streamlined and accurate review of electronic data submitted to them. For example, the ERT would allow for an electronic review process, rather than a manual data assessment, and, therefore, making review and evaluation of the source provided data and calculations easier and more efficient. In addition, the public will stand to benefit from electronic reporting of emissions data because the electronic data will be easier for the public to access. How the air emissions data are collected, accessed and reviewed will be more transparent for all stakeholders. One major advantage of the proposed submittal of performance test data through the ERT is a standardized method to compile and store much of the documentation required to be reported by this rule. The ERT clearly states what testing information would be required by the test method and has the ability to house additional data elements that might be required by a delegated authority. In addition, the EPA must have performance test data to conduct effective reviews of CAA sections 111, 112 and 129 standards, as well as for many other purposes including compliance determinations, emission factor development and annual emission rate determinations. In conducting these required reviews, the EPA has found it ineffective and time consuming, for both EPA and regulatory agencies and source owners and operators, to locate, collect and submit performance test data. In recent years, though, stack testing firms have typically collected performance test data in electronic format, making it possible to move to an electronic data submittal system that would increase the ease and efficiency of data submittal and improve data accessibility. A common concern raised by industry and regulators is that emission factors are outdated or not representative of a particular source category. With timely receipt and incorporation of data from most performance tests, the EPA would be able to ensure that emission factors, when updated, represent the most current range of operational practices. Finally, another benefit of the proposed data submittal to WebFIRE electronically is that these data would greatly improve the overall quality of existing and new emissions factors by supplementing the pool of emissions E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules test data for establishing emissions factors. In summary, in addition to supporting regulation development, control strategy development and other air pollution control activities, having an electronic database populated with performance test data would save industry, state, local, tribal agencies and the EPA significant time, money and effort while also improving the quality of emission inventories and air quality regulations. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 E. What are the proposed recordkeeping and reporting requirements? Today’s action proposes recordkeeping and reporting requirements which reflect those finalized in the 2011 EG. Today’s proposed Federal Plan requires that records of all initial and all subsequent stack or performance specification (PS) tests, deviation reports, operating parameter data, continuous monitoring data, maintenance and inspections of air pollution control devices, monitoring plan, and operator training and qualification must be maintained for 5 years. The results of the stack tests and PS test and values for operating parameters are required to be included in initial and subsequent compliance reports. Any incident of deviation, resumed operation following shutdown, force majeure, intent to stop or start use of CMS, and intent of conducting or rescheduling a performance test are required to be reported to the Administrator. Furthermore, increments of progress reports are required following the completion of each increment of progress and identifying any missed increment of progress. See section V.B of this preamble for a more detailed discussion of the increments of progress and compliance schedules. F. What other requirements is the EPA proposing? This action proposes other requirements that reflect those finalized in the 2011 EG. First, owners and operators of existing SSI units are required to meet operator training and qualification requirements, which include: Ensuring that at least one operator or supervisor per facility complete the operator training course, that qualified operator(s) or supervisor(s) complete an annual review or refresher course specified in the regulation and that they maintain plantspecific information, updated annually, regarding training. Second, owners or operators of existing SSI are required to submit a monitoring plan for any CMS or bag leak detection system used to comply with the rule. Third, they must also submit VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 a monitoring plan for their ash handling system that specifies the operating procedures they will follow to ensure that they meet the fugitive ash emissions limit. VI. SSI That Have or Will Shut Down A. Units That Plan To Close Rather Than Comply The proposed Federal Plan establishes that if owners or operators plan to permanently close currently operating SSI, they must do so and submit a closure notification to the Administrator by the date the final control plan is due. The requirements for closing SSI unit rather than complying with the rule under today’s proposal will be set forth at 40 CFR 62.15915 of subpart LLL. Until such time as a unit is permanently closed, it must comply with any applicable requirements of the Federal Plan. If an SSI unit continues to operate 1 year after publication of the final Federal Plan in the Federal Register, then it must comply with all aspects of this Federal Plan by the date 1 year after publication of the final action. In addition, while still in operation, the SSI unit is subject to the same requirements for Title V operating permits that apply to units that will not shut down. B. Inoperable Units Today’s proposed Federal Plan provides that in cases where an SSI has already shut down permanently and has been rendered inoperable (e.g., waste charge door is welded shut, stack is removed, combustion air blowers removed, burners or fuel supply appurtenances are removed, the SSI may be left off the source inventory in a state plan or this proposed Federal Plan. An SSI that has been rendered inoperable would not be covered by the Federal Plan. C. SSI That Have Shut Down Today’s Federal Plan proposal includes any SSI that are known to have already shut down (but are not known to be inoperable) in the source inventory . . . 1. Restarting Before the Final Compliance Date If the owner or operator of an inactive SSI plans to restart before the final compliance date, the owner or operator must meet the increments of progress specified in the Federal Plan. Final compliance is required for all pollutants and all SSI no later than the final compliance date. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 23411 2. Restarting After the Final Compliance Date Under this proposed Federal Plan, if the owner or operator of an SSI closes the SSI unit, but restarts the unit after the final compliance date, the owner or operator must complete emission control retrofits and meet the emissions and operating limits on the date the SSI unit restarts operation. Within 6 months of the unit startup, operator(s) of these SSI would have to complete the operator training and qualification requirements. Within 60 days of installing an air pollution control device, operator(s) must conduct a unit inspection. Performance testing to demonstrate initial compliance would also be required as described at 40 CFR 62.15980. There is no need to show that the increments of progress have been met since these steps would have occurred before restart while the SSI was shut down and not generating emissions. AN SSI that operates out of compliance after the final compliance date would be in violation of the Federal Plan and subject to enforcement action. VII. Implementation of the Federal Plan and Delegation A. Background of Authority Under sections 111(d) and 129(b) of the CAA, the EPA is required to adopt EG that are applicable to existing solid waste incineration units. These EG are fully implemented when the EPA approves a state plan or adopts a Federal Plan that implements and enforces the EG. As discussed above, the Federal Plan regulates SSI in states that do not have approved plans in effect to implement the EG. Congress has determined that the primary responsibility for air pollution prevention and control rests with state and local agencies. (See section 101(a)(3) of the CAA.) Consistent with that overall determination, Congress established sections 111 and 129 of the CAA with the intent that the state and local agencies take the primary responsibility for ensuring that the emissions limitations and other requirements in the EG are achieved. Also, in section 111(d) of the CAA, Congress explicitly required that the EPA establish procedures that are similar to those under CAA section 110(c) for state implementation plans. Although Congress required the EPA to propose and promulgate a Federal Plan for states that fail to submit approvable state plans on time, states may submit plans after promulgation of the SSI Federal Plan. The EPA strongly encourages states that are unable to E:\FR\FM\27APP3.SGM 27APP3 23412 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 submit approvable plans to request delegation of the Federal Plan so that they can have primary responsibility for implementing the revised EG, consistent with the intent of Congress. Approved and effective state plans or delegation of the Federal Plan is the EPA’s preferred outcome because the EPA believes that state, tribal, and local agencies not only have the responsibility to carry out the revised EG, but also have the practical knowledge and enforcement resources critical to achieving the highest rate of compliance. It is generally preferable for the state and local agencies to be the implementing agency. For these reasons, the EPA will do all that it can to expedite delegation of the Federal Plan to state and local agencies, whenever possible, in cases where states are unable to develop and submit approvable state plans. B. Delegation of the Federal Plan and Retained Authorities If a state or tribe intends to take delegation of the Federal Plan, the state or tribe should submit to the appropriate EPA Regional Office a written request for delegation of authority. The state or tribe should explain how it meets the criteria for delegation. See generally ‘‘Good Practices Manual for Delegation of NSPS and NESHAP’’ (EPA, February 1983). The letter requesting delegation of authority to implement the Federal Plan should: 1. demonstrate that the state or tribe has adequate resources, as well as the legal and enforcement authority to administer and enforce the program, 2. include an inventory of affected SSI units, which includes those that have ceased operation, but have not been dismantled, include an inventory of the affected units’ air emissions and a provision for state progress reports to the EPA, 3. certify that a public hearing is held on the state delegation request, and 4. include a memorandum of agreement between the state or tribe and the EPA that sets forth the terms and conditions of the delegation, the effective date of the agreement and the mechanism to transfer authority. Upon signature of the agreement, the appropriate EPA Regional Office would publish an approval notice in the Federal Register, thereby incorporating the delegation of authority into the appropriate subpart of 40 CFR part 62. If authority is not delegated to a state or tribe, the EPA will implement the Federal Plan. Also, if a state or tribe fails to properly implement a delegated portion of the Federal Plan, the EPA will assume direct implementation and enforcement of that portion. The EPA VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 will continue to hold enforcement authority along with the state or tribe even when a state or tribe has received delegation of the Federal Plan. In all cases where the Federal Plan is delegated, the EPA will retain and will not transfer authority to a state or tribe to approve the following items promulgated in the 2011 SSI rules: 1. Alternatives to the emissions limits in Table 5 of this 2. Approval of major alternatives to monitoring; 3. Approval of major alternatives to recordkeeping and reporting; 4. Alternative site-specific operating parameters established by facilities using controls other than a scrubber, ESP, afterburner, ACI or FF; 5. Approval of operation of an SSI unit and receipt of status reports when a qualified operator is not accessible for 2 weeks or more; and 6. Performance test and data reduction waivers under 40 CFR 60.8(b). Today’s proposed Federal Plan also specifies that SSI owners or operators who wish to petition the agency for any alternative requirement should submit a request to the Regional Administrator with a copy sent to the appropriate state. C. Mechanisms for Transferring Authority There are two mechanisms for transferring implementation authority to state, tribal, and local agencies: 1. The EPA approval of a state plan after the Federal Plan is in effect; and 2. if a state does not submit or obtain approval of its own plan, the EPA delegation to a state of the authority to implement certain portions of this Federal Plan to the extent appropriate and if allowed by state law. Both of these options are described in more detail below. 1. Federal Plan Becomes Effective Prior to Approval of a State Plan After SSI in a state become subject to the Federal Plan, the state or local agency may still adopt and submit a plan to the EPA. If the EPA determines that the state plan is as protective as the EG, the EPA will approve the state plan. If the EPA determines that the plan is not as protective as the EG, the EPA will partially approve or disapprove the plan (or portion of the plan) and the SSI covered in the state plan would remain subject to the Federal Plan until a state plan covering those SSI is approved and effective. Prior to disapproval, the EPA will work with states to attempt to reconcile areas of the plan that remain not as protective as the EG. Upon the effective date of a state plan, the Federal Plan would no longer apply PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 to SSI covered by such a plan and the state or local agency would implement and enforce the state plan in lieu of the Federal Plan. When an EPA Regional Office approves a state plan, it will amend the appropriate subpart of 40 CFR part 62 to indicate such approval. 2. State Takes Delegation of the Federal Plan The EPA, in its discretion, may delegate to state agencies the authority to implement this Federal Plan. As discussed above, the EPA believes that it is advantageous and the best use of resources for state or local agencies to agree to undertake, on the EPA’s behalf, administrative and substantive roles in implementing the Federal Plan to the extent appropriate and where authorized by state law. If a state requests delegation, the EPA will generally delegate the entire Federal Plan to the state agency. These functions include administration and oversight of compliance reporting and recordkeeping requirements, SSI inspections and preparation of draft notices of violation, but will not include any authorities retained by the EPA. State agencies that have taken delegation, as well as the EPA, will have responsibility for bringing enforcement actions against sources violating Federal Plan provisions. D. Implementing Authority The EPA Regional Administrators have been delegated the authority for implementing the SSI Federal Plan. All reports required by the Federal Plan should be submitted to the appropriate Regional Administrator. Section II.C of this preamble includes Table 3 that lists names and addresses of the EPA Regional Office contacts and the states they cover. VIII. Title V Operating Permits All existing SSI units regulated under state or Federal Plans implementing the 2011 EG must apply for and obtain a Title V permit. These Title V operating permits assure compliance with all applicable requirements for regulated SSI units, including all applicable CAA section 129 requirements.4 The permit application deadline for a CAA section 129 source applying for a Title V operating permit depends on when the source first becomes subject to the relevant Title V permits program. For example, if the SSI unit is an existing unit and is not subject to an earlier permit application deadline, the source must submit a complete Title V 4 40 E:\FR\FM\27APP3.SGM CFR 70.2, 70.6(a)(1), 71.2 and 71.6(a)(1). 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules permit application by the earliest of the following dates: • Twelve months after the effective date of any applicable EPA-approved CAA sections 111(d)/129 plan (i.e., approved state or tribal plan that implements the SSI EG); or • Twelve months after the effective date of any applicable Federal Plan; or • Thirty-six months after promulgation of 40 CFR part 60, subpart MMMM, i.e., March 21, 2014. For any existing SSI unit not subject to an earlier permit application deadline, the application deadline of March 21, 2014, applies regardless of whether or when any applicable Federal Plan is effective, or whether or when any applicable CAA sections 111(d)/129 plan is approved by the EPA and becomes effective. (See CAA sections 129(e), 503(c), 503(d), 502(a) and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).) If the SSI unit is subject to Title V as a result of some triggering requirement(s) other than those mentioned above (for example, an SSI unit may be a major source or part of a major source), then the owner/operator of the source may be required to apply for a Title V permit prior to the deadlines specified above. If more than one requirement triggers a source’s obligation to apply for a Title V permit, the 12-month time frame for filing a Title V permit application is triggered by the requirement which first causes the source to be subject to Title V.5 For more background information on the interface between CAA section 129 and Title V, including the EPA’s interpretation of CAA section 129(e), as well as information on submitting Title V permit applications, updating existing Title V permit applications and reopening existing Title V permits, see the final Federal Plan for Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68 FR 57518, 57532). See also the final Federal Plan for Hospital Medical Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877). mstockstill on DSK4VPTVN1PROD with PROPOSALS3 A. Title V and Delegation of a Federal Plan As noted previously, issuance of a Title V permit is not equivalent to the approval of a state plan or delegation of a Federal Plan.6 Legally, delegation of a 5 CAA Section 503(c) and 40 CFR 70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and (b) and 71.5(a)(1)(i). 6 See, e.g., the ‘‘Title V and Delegation of a Federal Plan’’ section of the proposed Federal Plan for Commercial Industrial Solid Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652). The preamble language from this section in the proposed Federal Plan for CISWI was reaffirmed in the final Federal Plan for CISWI, October 3, 2003 (68 FR 57518, 57535). VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 standard or requirement results in a delegated state or tribe standing in for the EPA as a matter of federal law. This means that obligations a source may have to the EPA under a federally promulgated standard become obligations to a state (except for functions that the EPA retains for itself) upon delegation.7 Although a state or tribe may have the authority under state or tribal law to incorporate section 111/ 129 requirements into its Title V permits, and implement and enforce these requirements in these permits without first taking delegation of the section 111/129 Federal Plan, the state or tribe is not standing in for the EPA as a matter of federal law in this situation. Where a state or tribe does not take delegation of a section 111/129 Federal Plan, obligations that a source has to the EPA under the Federal Plan continue after a Title V permit is issued to the source. As a result, the EPA continues to maintain that an approved part 70 operating permits program cannot be used as a mechanism to transfer the authority to implement and enforce the Federal Plan from the EPA to a state or tribe. As mentioned above, a state or tribe may have the authority under state or tribal law to incorporate CAA section 111/129 requirements into its Title V permits, and implement and enforce these requirements in that context without first taking delegation of the CAA section 111/129 Federal Plan.8 Some states or tribes, however, may not be able to implement and enforce a CAA section 111/129 standard in a Title V permit under state or tribal law until the CAA section 111/129 standard has been delegated. In these situations, a state or tribe should not issue a 40 CFR part 70 permit to a source subject to a Federal Plan before taking delegation of the section 111/129 Federal Plan. However, if a state or tribe can provide an Attorney General’s (AG’s) opinion delineating its authority to incorporate CAA section 111/129 requirements into its Title V permits, and then implement and enforce these requirements through its Title V permits without first taking delegation of the requirements, then a state or tribe does not need to take delegation of the CAA 7 If the Administrator chooses to retain certain authorities under a standard, those authorities cannot be delegated, e.g., alternative methods of demonstrating compliance. 8 The EPA interprets the phrase ‘‘assure compliance’’ in CAA section 502(b)(5)(A) to mean that permitting authorities will implement and enforce each applicable standard, regulation or requirement which must be included in the Title V permits the permitting authorities issue. See definition of ‘‘applicable requirement’’ in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 70.6(a)(1). PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 23413 section 111/129 requirements for purposes of Title V permitting.9 In practical terms, without approval of a state or tribal plan, delegation of a Federal Plan, or an adequate AG’s opinion, states and tribes with approved CFR 40 part 70 permitting programs open themselves up to potential questions regarding their authority to issue permits containing CAA section 111/129 requirements and to assure compliance with these requirements. Such questions could lead to the issuance of a notice of deficiency for a state’s or tribe’s CFR 40 part 70 program. As a result, prior to a state or tribal permitting authority drafting a part 70 permit for a source subject to a CAA section 111/129 Federal Plan, the state or tribe, the EPA Regional Office and source in question are advised to ensure that delegation of the relevant Federal Plan has taken place or that the permitting authority has provided to the EPA Regional Office an adequate AG’s opinion. In addition, if a permitting authority chooses to rely on an AG’s opinion and not take delegation of a Federal Plan, a CAA section 111/129 source subject to the Federal Plan in that state must simultaneously submit to both the EPA and the state or tribe all reports required by the standard to be submitted to the EPA. Given that these reports are necessary to implement and enforce the CAA section 111/129 requirements when they have been included in Title V permits, the permitting authority needs to receive these reports at the same time as the EPA. In the situation where a permitting authority chooses to rely on an AG’s opinion and not take delegation of a Federal Plan, the EPA Regional Offices will be responsible for implementing and enforcing section CAA 111/129 requirements outside of any Title V permits. Moreover, in this situation, the EPA Regional Offices will continue to be responsible for developing progress reports and conducting any other administrative functions required under this Federal Plan or any other section CAA 111/129 Federal Plan. See, e.g., section V.B of this preamble titled ‘‘What are the proposed compliance schedules?’’. It is important to note that the EPA is not using its authority under 40 CFR part 70.4(i)(3) to request that all states 9 It is important to note that an attorney general’s opinion submitted at the time of initial Title V program approval is sufficient if it demonstrates that a state or tribe has adequate authority to incorporate CAA section 111/129 requirements into its Title V permits and to implement and enforce these requirements through its Title V permits without delegation. E:\FR\FM\27APP3.SGM 27APP3 23414 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules and tribes which do not take delegation of this Federal Plan submit supplemental AG’s opinions at this time. However, the EPA Regional Offices shall request, and permitting authorities shall provide, such opinions when the EPA questions a state’s or tribe’s authority to incorporate CAA section 111/129 requirements into a Title V permit and implement and enforce these requirements in that context without delegation. IX. Statutory and Executive Order Reviews Additional information about the Statutes and Executive Orders can be found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This action simply proposes the SSI Federal Plan to implement the EG adopted on March 21, 2011,10 for those states that do not have a state plan implementing the emission guidelines. C. Regulatory Flexibility Act (RFA) mstockstill on DSK4VPTVN1PROD with PROPOSALS3 I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. Emissions guidelines for owners of existing sewage sludge incineration units were established by the March 21, 2011, final rule and that rule was certified as not having a significant economic impact on a substantial number of small entities. This action merely establishes a Federal Plan to implement and enforce those requirements in those states that do not have their own EPA-approved state plan for implementing and enforcing the requirements. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. Therefore, this action imposes no 10 Section, 76 FR 15372, March 21, 2011. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 enforceable duty or any state, local or tribal government or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. The EPA is not aware of any SSI owned or operated by Indian tribal governments. Thus, Executive Order 13175 does not apply to this proposed action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern health or safety risks, that EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Orders 12866. I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 This action involves technical standards that are reasonably available and already widely used by industries and regulated parties. The EPA proposes to use ANSI/ASME PTC 19.10–1981, ‘‘Flue and Exhaust Gas Analyses,’’ for its manual methods of measuring the oxygen or carbon dioxide content of the exhaust gas. These parts of ASME PTC 19.10–1981 are acceptable alternatives to EPA Methods 6, 7 for the manual procedures only. This standard is available from the ASME, Three Park Avenue, New York, NY 10016–5990. Another voluntary consensus standards (VCS), ASTM D6784–02 (Reapproved 2008), ‘‘Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)’’ is an PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 acceptable alternative to Method 29 and 30B. The EPA has also decided to use EPA Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, l0B, 22, 23, 26A, 29 and 30B. No VCS were found for EPA Method 9 and 22. While the EPA has identified 23 VCS as being potentially applicable to the proposed rule, we have decided not to use these VCS in this rulemaking. The use of these VCS would be impractical because they do not meet the objectives of the standards cited in this proposed rule. See the docket for the 2011 EG (Docket ID No. EPA–HQ–OAR–2009– 0539), which is being implemented under today’s proposed action, for the reason for these determinations. Under 40 CFR 62.16050, the EPA Administrator retains the authority of approving alternate methods of demonstrating compliance as established under 40 CFR 60.8(b) and 60.13(i), subpart A (NSPS General Provisions). A source may apply to the EPA for permission to use alternative test methods or alternative monitoring requirements in place of any required EPA test methods, performance specifications or procedures. The EPA solicits comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable VCS and to explain why such standards should be used in this regulation. J. Environmental Justice Considerations An analysis of demographic data was conducted for this rulemaking. This analysis showed that the average of populations in close proximity to the sources, and thus most likely to be effected by the sources, were similar in demographic composition to national averages. The results of the demographic analysis are presented in ‘‘Review of Environmental Justice Impacts,’’ June 2010, a copy of which is available in the SSI docket (EPA–HQ– OAR–2009–0559). K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This proposed action implements national standards in the 2011 EG that would result in reduction in emissions of many of the listed HAP emitted from this source. This includes emissions of Cd, HCl, Pb, and Hg. Other emissions reductions include reductions of criteria pollutants such as CO, NOX, E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules PM and PM2.5 and SO2. Sulfur dioxide and NOX are precursors for the formation of PM2.5 and NOX is a precursor for ozone. Reducing these emissions will decrease the amount of such pollutants to which all affected populations are exposed. List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: April 7, 2015. Gina McCarthy, Administrator. PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS For the reasons stated in the preamble, Title 40, chapter I, part 62 of the Code of Federal Regulations (CFR) is proposed to be amended as follows: ■ 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 2. Part 62 is amended by adding subpart LLL to read as follows: ■ Subpart LLL—Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010 Table of Contents Sec. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Applicability 62.15855 Am I subject to this subpart? 62.15860 What SSI units are exempt from the Federal Plan? 62.15865 How do I determine if my SSI is covered by an approved and effective State or Tribal plan? 62.15870 If my SSI is not listed on the Federal Plan inventory, am I exempt from this subpart? Compliance Schedules 62.15875 What is my final compliance date? 62.15880 When must I complete each increment of progress? 62.15885 What must I include in the notifications of achievement of increments of progress? 62.15890 When must I submit the notifications of achievement of increments of progress? 62.15895 What if I do not meet an increment of progress? 62.15900 How do I comply with the increment of progress for submittal of a control plan? 62.15905 How do I comply with the increment of progress for achieving final compliance? VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 62.15910 What must I do if I close my SSI unit and then restart it? 62.15915 What must I do if I plan to permanently close my SSI unit and not restart it? Operator Training and Qualification 62.15920 What are the operator training and qualification requirements? 62.15925 When must the operator training course be completed? 62.15930 How do I obtain my operator qualification? 62.15935 How do I maintain my operator qualification? 62.15940 How do I renew my lapsed operator qualification? 62.15945 What if all the qualified operators are temporarily not accessible? 62.15950 What site-specific documentation is required and how often must it be reviewed by qualified operators and plant personnel? Emission Limits, Emission Standards and Operating Limits and Requirements 62.15955 What emission limits and standards must I meet and by when? 62.15960 What operating limits and requirements must I meet and by when? 62.15965 How do I establish operating limits if I do not use a wet scrubber, fabric filter, electrostatic precipitator, activated carbon injection, or afterburner, or if I limit emissions in some other manner, to comply with the emission limits? 62.15970 Do the emission limits, emission standards, and operating limits apply during periods of startup, shutdown, and malfunction? 62.15975 [Reserved] Initial Compliance Requirements 62.15980 How and when do I demonstrate initial compliance with the emission limits and standards? 62.15985 How do I establish my operating limits? 62.15990 By what date must I conduct the initial air pollution control device inspection and make any necessary repairs? 62.15995 How do I develop a site-specific monitoring plan for my continuous monitoring, bag leak detection, and ash handling systems, and by what date must I conduct an initial performance evaluation? Continuous Compliance Requirements 62.16000 How and when do I demonstrate continuous compliance with the emission limits and standards? 62.16005 How do I demonstrate continuous compliance with my operating limits? 62.16010 By what date must I conduct annual air pollution control device inspections and make any necessary repairs? Performance Testing, Monitoring, and Calibration Requirements 62.16015 What are the performance testing, monitoring, and calibration requirements for compliance with the emission limits and standards? PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 23415 62.16020 What are the monitoring and calibration requirements for compliance with my operating limits? Recordkeeping and Reporting 62.16025 What records must I keep? 62.16030 What reports must I submit? Title V Operating Permits 62.16035 Am I required to apply for and obtain a Title V operating permit for my existing SSI unit? 62.16040 When must I submit a title V permit application for my existing SSI unit? Definitions 62.16045 What definitions must I know? Delegation of Authority 62.16050 What authorities will be retained by the EPA Administrator? Applicability § 62.15855 Am I subject to this subpart? (a) You are subject to this subpart if your SSI unit meets all three criteria described in paragraphs (a)(1) through (3) of this section. (1) You own or operate an SSI unit(s) that commenced construction on or before October 14, 2010. (2) You own or operate an SSI unit(s) that meet the definition of an SSI unit as defined in § 62.16045. (3) You own or operate an SSI unit(s) not exempt under § 62.15860. (b) If you own or operator an SSI unit(s) and make changes that meet the definition of modification after September 21, 2011, the SSI unit becomes subject to 40 CFR part 60 subpart LLLL and the Federal Plan no longer applies to that unit. (c) If you own or operate an SSI unit(s) and make physical or operational changes to the SSI unit(s) for which construction commenced on or before September 21, 2011 primarily to comply with the Federal Plan, 40 CFR part 60, subpart LLLL does not apply to the unit(s). Such changes do not qualify as modifications under 40 CFR part 60, subpart LLLL. § 62.15860 What SSI units are exempt from the Federal Plan? This subpart exempts combustion units that incinerate sewage sludge and are not located at a wastewater treatment facility designed to treat domestic sewage sludge. These units may be subject to another subpart of this part (e.g., subpart III of this part). If you own or operate such a combustion unit, you must notify the Administrator of an exemption claim under this section. § 62.15865 How do I determine if my SSI is covered by an approved and effective State or Tribal plan? This part (40 CFR part 62) contains a list of all states and tribal areas with E:\FR\FM\27APP3.SGM 27APP3 23416 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 approved Clean Air Act (CAA) section 111(d)/129 plans in effect. However, this part is only updated once a year. Thus, if this part does not indicate that your state or tribal area has an approved and effective plan, you should contact your state environmental agency’s air director or your EPA Regional Office to determine if approval occurred since publication of the most recent version of this part. A state may also meet its CAA section 111(d)/129 obligations by submitting an acceptable written request for delegation of the Federal Plan that meets the requirements of this section. This is the only other option for a state to meet its 111(d)/129 obligations. (a) An acceptable Federal Plan delegation request must include the following: (1) A demonstration of adequate resources and legal authority to administer and enforce the Federal Plan. (2) The items under §§ 60.5015(a)(1), (2), and (7). (3) Certification that the hearing on the state delegation request, similar to the hearing for a state plan submittal, was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission. (4) A commitment to enter into a Memorandum of Agreement with the Regional Administrator who sets forth the terms, conditions and effective date of the delegation and that serves as the mechanism for the transfer of authority. Additional guidance and information is given in the EPA’s ‘‘Delegations Manual, Item 7–139, Implementation and Enforcement of 111(d)(2) and 111(d)(2)/ 129(b)(3) Federal Plans.’’ (b) A state with an already approved SSI CAA section 111(d)/129 state plan is not precluded from receiving EPA approval of a delegation request for the Federal Plan, providing the requirements of paragraph (a) of this section are met, and at the time of the delegation request, the state also requests withdrawal of the EPA’s previous state plan approval. (c) A state’s CAA section 111(d)/129 obligations are separate from its obligations under Title V of the CAA. § 62.15870 If my SSI is not listed on the Federal Plan inventory, am I exempt from this subpart? Not necessarily. Sources subject to this subpart include, but are not limited to, the inventory of sources listed in Docket ID Number EPA–HQ–OAR– 2012–0319 for the Federal Plan. Review the applicability of § 62.15855 to determine if you are subject to this subpart. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 Compliance Schedules § 62.15875 date? What is my final compliance You must achieve final compliance specified by the dates in paragraphs (a) or (b) of this section: (a) [DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register]. (b) If you plan to achieve compliance more than 1 year following [DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register], you must meet the two increments of progress specified in paragraphs (b)(1) and (2) of this section: (1) Submit a final control plan; and (2) Achieve final compliance. § 62.15880 When must I complete each increment of progress? Table 1 to this subpart specifies compliance dates for each increment of progress. § 62.15885 What must I include in the notifications of achievement of increments of progress? Your notification of achievement of increments of progress must include the three items specified in paragraphs (a) through (c) of this section: (a) Notification that the increment of progress has been achieved; (b) Any items required to be submitted with each increment of progress; and (c) Signature of the owner or operator of the SSI unit. § 62.15890 When must I submit the notifications of achievement of increments of progress? Notifications for achieving increments of progress must be postmarked no later than 10 business days after the compliance date for the increment. § 62.15895 What if I do not meet an increment of progress? If you fail to meet an increment of progress, you must submit a notification to the Administrator postmarked within 10 business days after the date for that increment of progress in Table 1 to this subpart. You must inform the Administrator that you did not meet the increment, and you must continue to submit reports each subsequent calendar month until the increment of progress is met. § 62.15900 How do I comply with the increment of progress for submittal of a control plan? For your control plan increment of progress, you must satisfy the two requirements specified in paragraphs (a) and (b) of this section. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 (a) Submit the final control plan to your EPA Regional Office and permitting authority or delegated authority that includes the four items described in paragraphs (a)(1) through (4) of this section: (1) A description of the devices for air pollution control and process changes that you will use to comply with the emission limits and standards and other requirements of this subpart; (2) The type(s) of waste to be burned, if waste other than sewage sludge is burned in the unit; (3) The maximum design sewage sludge burning capacity; and (4) If applicable, the petition for sitespecific operating limits under § 62.15965. (b) Maintain an onsite copy of the final control plan. § 62.15905 How do I comply with the increment of progress for achieving final compliance? For the final compliance increment of progress, you must complete all process changes and retrofit construction of control devices, as specified in the final control plan, so that, if the affected SSI unit is brought online, all necessary process changes and air pollution control devices would operate as designed. § 62.15910 What must I do if I close my SSI unit and then restart it? (a) If you close your SSI unit but will restart it prior to the final compliance date in your state plan, you must meet the increments of progress specified in § 62.15875. (b) If you close your SSI unit but will restart it after your final compliance date, you must complete emission control retrofits and meet the emission limits, emission standards, and operating limits on the date your unit restarts operation. § 62.15915 What must I do if I plan to permanently close my SSI unit and not restart it? If you plan to close your SSI unit rather than comply with the Federal Plan, submit a closure notification, including the date of closure, to the Administrator by the date your final control plan is due. Operator Training and Qualification § 62.15920 What are the operator training and qualification requirements? (a) AN SSI unit cannot be operated unless a fully trained and qualified SSI unit operator is accessible, either at the facility or can be at the facility within 1 hour. The trained and qualified SSI unit operator may operate the SSI unit directly or be the direct supervisor of E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules one or more other plant personnel who operate the unit. If all qualified SSI unit operators are temporarily not accessible, you must follow the procedures in § 62.15945. (b) Operator training and qualification must be obtained through a stateapproved program or by completing the requirements included in paragraph (c) of this section. (c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (3) of this section: (1) Training on the 10 subjects listed in paragraphs (c)(1)(i) through (x) of this section: (i) Environmental concerns, including types of emissions; (ii) Basic combustion principles, including products of combustion; (iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, sewage sludge feeding and shutdown procedures; (iv) Combustion controls and monitoring; (v) Operation of air pollution control equipment and factors affecting performance (if applicable); (vi) Inspection and maintenance of the incinerator and air pollution control devices; (vii) Actions to prevent malfunctions or to prevent conditions that may lead to malfunctions; (viii) Bottom and fly ash characteristics and handling procedures; (ix) Applicable federal, state and local regulations, including Occupational Safety and Health Administration workplace standards; and (x) Pollution prevention. (2) An examination designed and administered by the state-approved program or instructor administering the subjects in paragraph(c)(1) of this section. (3) Written material covering the training course topics that may serve as reference material following completion of the course. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 62.15925 When must the operator training course be completed? The operator training course must be completed by the later of the three dates specified in paragraphs (a) through (c) of this section: (a) The final compliance date (Increment 2); (b) Six months after your SSI unit startup; and (c) Six months after an employee assumes responsibility for operating the SSI unit or assumes responsibility for supervising the operation of the SSI unit. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 § 62.15930 How do I obtain my operator qualification? (a) You must obtain operator qualification by completing a training course that satisfies the criteria under § 62.15920(b). (b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under § 62.15920(c)(2). § 62.15935 How do I maintain my operator qualification? To maintain qualification, you must complete an annual review or refresher course covering, at a minimum, the five topics described in paragraphs (a) through (e) of this section: (a) Update of regulations; (b) Incinerator operation, including startup and shutdown procedures, sewage sludge feeding and ash handling; (c) Inspection and maintenance; (d) Prevention of malfunctions or conditions that may lead to malfunction; and (e) Discussion of operating problems encountered by attendees. § 62.15940 How do I renew my lapsed operator qualification? You must renew a lapsed operator qualification before you begin operation of an SSI unit by one of the two methods specified in paragraphs (a) and (b) of this section: (a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in § 62.15935; and (b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in § 62.15920. § 62.15945 What if all the qualified operators are temporarily not accessible? If a qualified operator is not at the facility and cannot be at the facility within 1 hour, you must meet the criteria specified in either paragraph (a) or (b) of this section, depending on the length of time that a qualified operator is not accessible: (a) When a qualified operator is not accessible for more than 8 hours, the SSI unit may be operated for less than 2 weeks by other plant personnel who are familiar with the operation of the SSI unit and who have completed a review of the information specified in § 62.15950 within the past 12 months. However, you must record the period when a qualified operator was not accessible and include this deviation in the annual report as specified under § 62.16030(c). (b) When a qualified operator is not accessible for 2 weeks or more, you PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 23417 must take the two actions that are described in paragraphs (b)(1) and (2) of this section: (1) Notify the Administrator of this deviation in writing within 10 days. In the notice, state what caused this deviation, what you are doing to ensure that a qualified operator is accessible, and when you anticipate that a qualified operator will be accessible; and (2) Submit a status report to the Administrator every 4 weeks outlining what you are doing to ensure that a qualified operator is accessible, stating when you anticipate that a qualified operator will be accessible and requesting approval from the Administrator to continue operation of the SSI unit. You must submit the first status report 4 weeks after you notify the Administrator of the deviation under paragraph (b)(1) of this section: (i) If the Administrator notifies you that your request to continue operation of the SSI unit is disapproved, the SSI unit may continue operation for 30 days and then must cease operation; and (ii) Operation of the unit may resume if a qualified operator is accessible as required under § 62.15920(a). You must notify the Administrator within 5 days of having resumed operations and of having a qualified operator accessible. § 62.15950 What site-specific documentation is required and how often must it be reviewed by qualified operators and plant personnel? (a) You must maintain at the facility the documentation of the operator training procedures specified under § 62.15920(c)(1) and make the documentation readily accessible to all SSI unit operators. (b) You must establish a program for reviewing the information listed in § 62.15920(c)(1) with each qualified incinerator operator and other plant personnel who may operate the unit according to the provisions of § 62.15945(a), according to the following schedule: (1) The initial review of the information listed in § 62.15920(c)(1) must be conducted within 6 months after the effective date of this subpart or prior to an employee’s assumption of responsibilities for operation of the SSI unit, whichever date is later; and (2) Subsequent annual reviews of the information listed in § 62.15920(c)(1) must be conducted no later than 12 months following the previous review. E:\FR\FM\27APP3.SGM 27APP3 23418 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules Emission Limits, Emission Standards, and Operating Limits and Requirements § 62.15955 What emission limits and standards must I meet and by when? You must meet the emission limits and standards specified in Table 2 or 3 to this subpart by the final compliance date specified in § 62.15880. The emission limits and standards apply at all times the unit is operating and during periods of malfunction. The emission limits and standards apply to emissions from a bypass stack or vent while sewage sludge is in the combustion chamber (i.e., until the sewage sludge feed to the combustor has been cut off for a period of time not less than the sewage sludge incineration residence time). mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 62.15960 What operating limits and requirements must I meet and by when? You must meet, as applicable, the operating limits and requirements specified in paragraphs (a) through (d) and (h) of this section, according to the schedule specified in paragraph (e) of this section. The operating parameters for which you will establish operating limits for a wet scrubber, fabric filter, electrostatic precipitator or activated carbon injection are listed in Table 4 to this subpart. You must comply with the operating requirements in paragraph (f) of this section and the requirements in paragraph (g) of this section for meeting any new operating limits, re-established in § 62.16005. The operating limits apply at all times that sewage sludge is in the combustion chamber (i.e., until the sewage sludge feed to the combustor has been cut off for a period of time not less than the sewage sludge incineration residence time): (a) You must meet a site-specific operating limit for minimum operating temperature of the combustion chamber (or afterburner combustion chamber) that you establish in § 62.15985; (b) If you use a wet scrubber, electrostatic precipitator, activated carbon injection or afterburner to comply with an emission limit, you must meet the site-specific operating limits that you establish in § 62.15985 for each operating parameter associated with each air pollution control device; (c) If you use a fabric filter to comply with the emission limits, you must install the bag leak detection system specified in §§ 62.15995(b) and 62.16020(b)(3)(i) and operate the bag leak detection system such that the alarm does not sound more than 5 percent of the operating time during a 6-month period. You must calculate the VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 alarm time as specified in § 62.16005(a)(2)(i); (d) You must meet the operating requirements in your site-specific fugitive emission monitoring plan, submitted as specified in § 62.15995(d) to ensure that your ash handling system will meet the emission standard for fugitive emissions from ash handling; (e) You must meet the operating limits and requirements specified in paragraphs (a) through (d) of this section by the final compliance date specified in § 62.15880; (f) You must monitor the feed rate and moisture content of the sewage sludge fed to the sewage sludge incinerator, as specified in paragraphs (f)(1) and (2) of this section: (1) Continuously monitor the sewage sludge feed rate and calculate a daily average for all hours of operation during each 24-hour period. Keep a record of the daily average feed rate, as specified in § 62.16025(f)(3)(ii); and (2) Take at least one grab sample per day of the sewage sludge fed to the sewage sludge incinerator. If you take more than one grab sample in a day, calculate the daily average for the grab samples. Keep a record of the daily average moisture content, as specified in § 62.16025(f)(3)(ii). (g) For the operating limits and requirements specified in paragraphs (a) through (d) and (h) of this section, you must meet any new operating limits and requirements, re-established according to § 62.16005(d)); and (h) If you use an air pollution control device other than a wet scrubber, fabric filter, electrostatic precipitator or activated carbon injection to comply with the emission limits in Table 2 or 3 to this subpart, you must meet any site-specific operating limits or requirements that you establish as required in § 62.15965. § 62.15965 How do I establish operating limits if I do not use a wet scrubber, fabric filter, electrostatic precipitator, activated carbon injection, or afterburner, or if I limit emissions in some other manner, to comply with the emission limits? If you use an air pollution control device other than a wet scrubber, fabric filter, electrostatic precipitator, activated carbon injection, or afterburner, or limit emissions in some other manner (e.g., materials balance) to comply with the emission limits in § 62.15955, you must meet the requirements in paragraphs (a) and (b) of this section: (a) Meet the applicable operating limits and requirements in § 60.4850, and establish applicable operating limits according to § 62.15985; and PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 (b) Petition the Administrator for specific operating parameters, operating limits, and averaging periods to be established during the initial performance test and to be monitored continuously thereafter. (1) You are responsible for submitting any supporting information in a timely manner to enable the Administrator to consider the application prior to the performance test. You must not conduct the initial performance test until after the petition has been approved by the Administrator, and you must comply with the operating limits as written, pending approval by the Administrator. Neither submittal of an application, nor the Administrator’s failure to approve or disapprove the application relieves you of the responsibility to comply with any provision of this subpart; (2) Your petition must include the five items listed in paragraphs (b)(2)(i) through(v) of this section: (i) Identification of the specific parameters you propose to monitor; (ii) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants; (iii) A discussion of how you will establish the upper and/or lower values for these parameters that will establish the operating limits on these parameters, including a discussion of the averaging periods associated with those parameters for determining compliance; (iv) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and (v) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters. § 62.15970 Do the emission limits, emission standards, and operating limits apply during periods of startup, shutdown and malfunction? The emission limits and standards apply at all times and during periods of malfunction. The operating limits apply at all times that sewage sludge is in the combustion chamber (i.e., until the sewage sludge feed to the combustor has been cut off for a period of time not less than the sewage sludge incineration residence time). For determining compliance with the CO concentration limit using CO CEMS, the correction to 7 percent oxygen does not apply during E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules periods of startup or shutdown. Use the measured CO concentration without correcting for oxygen concentration in averaging with other CO concentrations (corrected to 7 percent O2) to determine the 24-hour average value. § 62.15975 [Reserved] Initial Compliance Requirements mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 62.15980 How and when do I demonstrate initial compliance with the emission limits and standards? To demonstrate initial compliance with the emission limits and standards in Table 2 or 3 to this subpart, use the procedures specified in paragraph (a) of this section. In lieu of using the procedures specified in paragraph (a) of this section, you have the option to demonstrate initial compliance using the procedures specified in paragraph (b) of this section for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive emissions from ash handling. You must meet the requirements of paragraphs (a) and (b) of this section, as applicable, and paragraphs (c) through (e) of this section, according to the performance testing, monitoring, and calibration requirements in § 62.16015(a) and (b). (a) Demonstrate initial compliance using the performance test required in § 60.8. You must demonstrate that your SSI unit meets the emission limits and standards specified in Table 2 or 3 to this subpart for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive emissions from ash handling using the performance test. The initial performance test must be conducted using the test methods, averaging methods, and minimum sampling volumes or durations specified in Table 2 or 3 to this subpart and according to the testing, monitoring, and calibration requirements specified in § 62.16015(a). (1) Except as provided in paragraph (e) of this section, you must demonstrate that your SSI unit meets the emission limits and standards specified in Table 2 or 3 to this subpart by the final compliance date (see Table 1 to this subpart). (2) You may use the results from a performance test conducted within the 2 previous years that was conducted under the same conditions and demonstrated compliance with the emission limits and standards in Table 2 or 3 to this subpart, provided no VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 process changes have been made since you conducted that performance test. However, you must continue to meet the operating limits established during the most recent performance test that demonstrated compliance with the emission limits and standards in Table 2 or 3 to this subpart. The performance test must have used the test methods specified in Table 2 or 3 to this subpart. (b) Demonstrate initial compliance using a continuous emissions monitoring system or continuous automated sampling system. The option to use a continuous emissions monitoring system for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on the date a final performance specification applicable to hydrogen chloride, dioxins/furans, cadmium or lead is published in the Federal Register. The option to use a continuous automated sampling system for dioxins/furans takes effect on the date a final performance specification for such a continuous automated sampling system is published in the Federal Register. Collect data as specified in § 62.16015(b)(6) and use the following procedures: (1) To demonstrate initial compliance with the emission limits specified in Table 2 or 3 to this subpart for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium and lead, you may substitute the use of a continuous monitoring system in lieu of conducting the initial performance test required in paragraph (a) of this section, as follows: (i) You may substitute the use of a continuous emissions monitoring system for any pollutant specified in paragraph (b)(1) of this section in lieu of conducting the initial performance test for that pollutant in paragraph (a) of this section. For determining compliance with the carbon monoxide concentration limit using carbon monoxide CEMS, the correction to 7 percent oxygen does not apply during periods of startup or shutdown. Use the measured carbon monoxide concentration without correcting for oxygen concentration in averaging with other carbon monoxide concentrations (corrected to 7 percent oxygen) to determine the 24-hour average value. (ii) You may substitute the use of a continuous automated sampling system for mercury or dioxins/furans in lieu of conducting the annual mercury or dioxin/furan performance test in paragraph (a) of this section. (2) If you use a continuous emissions monitoring system to demonstrate compliance with an applicable emission PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 23419 limit in Table 2 or 3 to this subpart, as described in paragraph (b)(1) of this section, you must use the continuous emissions monitoring system and follow the requirements specified in § 62.16015(b). You must measure emissions according to § 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate initial compliance using a 24-hour block average of these 1-hour arithmetic average emission concentrations, calculated using Equation 19–19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A–7. (3) If you use a continuous automated sampling system to demonstrate compliance with an applicable emission limit in Table 2 or 3 to this subpart, as described in paragraph (b)(1) of this section, you must: (i) Use the continuous automated sampling system specified in § 60.58b(p) and (q), and measure and calculate average emissions corrected to 7 percent oxygen (or carbon dioxide) according to § 60.58b(p) and your monitoring plan. (A) Use the procedures specified in § 60.58b(p) to calculate 24-hour block averages to determine compliance with the mercury emission limit in Table 2 or 3 to this subpart. (B) Use the procedures specified in § 60.58b(p) to calculate 2-week block averages to determine compliance with the dioxin/furan (total mass basis or toxic equivalency basis) emission limit in Table 2 or 3 to this subpart. (ii) Comply with the provisions in § 60.58b(q) to develop a monitoring plan. For mercury continuous automated sampling systems, you must use Performance Specification 12B of appendix B of part 75 and Procedure 5 of appendix F of part 60. (4) Except as provided in paragraph (e) of this section, you must complete your initial performance evaluations required under your monitoring plan for any continuous emissions monitoring systems and continuous automated sampling systems by the final compliance date (see Table 1 to this subpart). Your performance evaluation must be conducted using the procedures and acceptance criteria specified in § 62.15995(a)(3). (c) To demonstrate initial compliance with the dioxins/furans toxic equivalency emission limit in Table 2 or 3 to this subpart, determine dioxins/ furans toxic equivalency as follows: (1) Measure the concentration of each dioxin/furan tetra- through octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A–7. E:\FR\FM\27APP3.SGM 27APP3 23420 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules (2) Multiply the concentration of each dioxin/furan (tetra- through octachlorinated) isomer by its corresponding toxic equivalency factor specified in Table 5 to this subpart. (3) Sum the products calculated in accordance with paragraph (c)(2) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. (d) Submit an initial compliance report, as specified in § 62.16030(b). (e) If you demonstrate initial compliance using the performance test specified in paragraph (a) of this section, then the provisions of this paragraph (e) apply. If a force majeure is about to occur, occurs or has occurred for which you intend to assert a claim of force majeure, you must notify the Administrator in writing as specified in § 62.16030(f). You must conduct the initial performance test as soon as practicable after the force majeure occurs. The Administrator will determine whether or not to grant the extension to the initial performance test deadline and will notify you in writing of approval or disapproval of the request for an extension as soon as practicable. Until an extension of the performance test deadline has been approved by the Administrator, you remain strictly subject to the requirements of this subpart. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 62.15985 How do I establish my operating limits? (a) You must establish the sitespecific operating limits specified in paragraphs (b) through (h) of this section or established in § 62.15965, as applicable, during your initial performance tests required in § 62.15980. You must meet the requirements in § 62.16005(d) to confirm these operating limits or reestablish new operating limits using operating data recorded during any performance tests or performance evaluations required in § 62.16000. You must follow the data measurement and recording frequencies and data averaging times specified in Table 4 to this subpart or as established in § 62.15965, and you must follow the testing, monitoring and calibration requirements specified in §§ 62.16015 and 62.16020 or established in § 62.15965. You are not required to establish operating limits for the operating parameters listed in Table 4 to this subpart for a control device if you use a continuous monitoring system to demonstrate compliance with the emission limits in Table 2 or 3 to this subpart for the applicable pollutants, as follows: VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (1) For a scrubber designed to control emissions of hydrogen chloride or sulfur dioxide, you are not required to establish an operating limit and monitor scrubber liquid flow rate or scrubber liquid pH if you use the continuous monitoring system specified in §§ 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for hydrogen chloride or sulfur dioxide. (2) For a scrubber designed to control emissions of particulate matter, cadmium and lead, you are not required to establish an operating limit and monitor pressure drop across the scrubber or scrubber liquid flow rate if you use the continuous monitoring system specified in §§ 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for particulate matter, cadmium and lead. (3) For an electrostatic precipitator designed to control emissions of particulate matter, cadmium and lead, you are not required to establish an operating limit and monitor secondary voltage of the collection plates, secondary amperage of the collection plates or effluent water flow rate at the outlet of the electrostatic precipitator if you use the continuous monitoring system specified in §§ 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for particulate matter, lead and cadmium. (4) For an activated carbon injection system designed to control emissions of mercury, you are not required to establish an operating limit and monitor sorbent injection rate and carrier gas flow rate (or carrier gas pressure drop) if you use the continuous monitoring system specified in §§ 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for mercury. (5) For an activated carbon injection system designed to control emissions of dioxins/furans, you are not required to establish an operating limit and monitor sorbent injection rate and carrier gas flow rate (or carrier gas pressure drop) if you use the continuous monitoring system specified in §§ 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for dioxins/ furans (total mass basis or toxic equivalency basis). (b) Minimum pressure drop across each wet scrubber used to meet the particulate matter, lead and cadmium emission limits in Table 2 or 3 to this subpart, equal to the lowest 4-hour average pressure drop across each such wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter, lead and cadmium emission limits. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 (c) Minimum scrubber liquid flow rate (measured at the inlet to each wet scrubber), equal to the lowest 4-hour average liquid flow rate measured during the most recent performance test demonstrating compliance with all applicable emission limits. (d) Minimum scrubber liquid pH for each wet scrubber used to meet the sulfur dioxide or hydrogen chloride emission limits in Table 2 or 3 to this subpart, equal to the lowest 1-hour average scrubber liquid pH measured during the most recent performance test demonstrating compliance with the sulfur dioxide and hydrogen chloride emission limits. (e) Minimum combustion chamber operating temperature (or minimum afterburner temperature), equal to the lowest 4-hour average combustion chamber operating temperature (or afterburner temperature) measured during the most recent performance test demonstrating compliance with all applicable emission limits. (f) Minimum power input to the electrostatic precipitator collection plates, equal to the lowest 4-hour average secondary electric power measured during the most recent performance test demonstrating compliance with the particulate matter, lead and cadmium emission limits. Power input must be calculated as the product of the secondary voltage and secondary amperage to the electrostatic precipitator collection plates. Both the secondary voltage and secondary amperage must be recorded during the performance test. (g) Minimum effluent water flow rate at the outlet of the electrostatic precipitator, equal to the lowest 4-hour average effluent water flow rate at the outlet of the electrostatic precipitator measured during the most recent performance test demonstrating compliance with the particulate matter, lead and cadmium emission limits. (h) For activated carbon injection, establish the site-specific operating limits specified in paragraphs (h)(1) through (3) of this section. (1) Minimum mercury sorbent injection rate, equal to the lowest 4-hour average mercury sorbent injection rate measured during the most recent performance test demonstrating compliance with the mercury emission limit. (2) Minimum dioxin/furan sorbent injection rate, equal to the lowest 4-hour average dioxin/furan sorbent injection rate measured during the most recent performance test demonstrating compliance with the dioxin/furan (total mass basis or toxic equivalency basis) emission limit. E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules (3) Minimum carrier gas flow rate or minimum carrier gas pressure drop, as follows: (i) Minimum carrier gas flow rate, equal to the lowest 4-hour average carrier gas flow rate measured during the most recent performance test demonstrating compliance with the applicable emission limit. (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour average carrier gas flow rate measured during the most recent performance test demonstrating compliance with the applicable emission limit. § 62.15990 By what date must I conduct the initial air pollution control device inspection and make any necessary repairs? (a) You must conduct an air pollution control device inspection according to § 62.16015(c) by the final compliance date as specified in § 62.15880. For air pollution control devices installed after the final compliance date, you must conduct the air pollution control device inspection within 60 days after installation of the control device. (b) Within 10 operating days following the air pollution control device inspection under paragraph (a) of this section, all necessary repairs must be completed unless you obtain written approval from the Administrator establishing a date whereby all necessary repairs of the SSI unit must be completed. mstockstill on DSK4VPTVN1PROD with PROPOSALS3 § 62.15995 How do I develop a site-specific monitoring plan for my continuous monitoring, bag leak detection, and ash handling systems, and by what date must I conduct an initial performance evaluation? You must develop and submit to the Administrator for approval a sitespecific monitoring plan for each continuous monitoring system required under this subpart, according to the requirements in paragraphs (a) through (c) of this section. This requirement also applies to you if you petition the Administrator for alternative monitoring parameters under § 60.13(i) and paragraph (e) of this section. If you use a continuous automated sampling system to comply with the mercury or dioxin/furan (total mass basis or toxic equivalency basis) emission limits, you must develop your monitoring plan as specified in § 60.58b(q), and you are not required to meet the requirements in paragraphs (a) and (b) of this section. You must also submit a site-specific monitoring plan for your ash handling system, as specified in paragraph (d) of this section. You must submit and update your monitoring plans as specified in paragraphs (f) through (h) of this section. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (a) For each continuous monitoring system, your monitoring plan must address the elements and requirements specified in paragraphs (a)(1) through (8) of this section. You must operate and maintain the continuous monitoring system in continuous operation according to the site-specific monitoring plan. (1) Installation of the continuous monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device). (2) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer and the data collection and reduction systems. (3) Performance evaluation procedures and acceptance criteria (e.g., calibrations). (i) For continuous emissions monitoring systems, your performance evaluation and acceptance criteria must include, but is not limited to, the following: (A) The applicable requirements for continuous emissions monitoring systems specified in § 60.13. (B) The applicable performance specifications (e.g., relative accuracy tests) in appendix B of part 60. (C) The applicable procedures (e.g., quarterly accuracy determinations and daily calibration drift tests) in appendix F of part 60. (D) A discussion of how the occurrence and duration of out-ofcontrol periods will affect the suitability of CEMS data, where out-of-control has the meaning given in paragraph (a)(7)(i) of this section. (ii) For continuous parameter monitoring systems, your performance evaluation and acceptance criteria must include, but is not limited to, the following: (A) If you have an operating limit that requires the use of a flow monitoring system, you must meet the requirements in paragraphs (a)(3)(ii)(A)(1) through (4) of this section. (1) Install the flow sensor and other necessary equipment in a position that provides a representative flow. (2) Use a flow sensor with a measurement sensitivity of no greater than 2 percent of the expected process flow rate. (3) Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (4) Conduct a flow monitoring system performance evaluation in accordance PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 23421 with your monitoring plan at the time of each performance test but no less frequently than annually. (B) If you have an operating limit that requires the use of a pressure monitoring system, you must meet the requirements in paragraphs (a)(3)(ii)(B)(1) through (6) of this section. (1) Install the pressure sensor(s) in a position that provides a representative measurement of the pressure (e.g., particulate matter scrubber pressure drop). (2) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (3) Use a pressure sensor with a minimum tolerance of 1.27 centimeters of water or a minimum tolerance of 1 percent of the pressure monitoring system operating range, whichever is less. (4) Perform checks at least once each process operating day to ensure pressure measurements are not obstructed (e.g., check for pressure tap pluggage daily). (5) Conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (6) If at any time the measured pressure exceeds the manufacturer’s specified maximum operating pressure range, conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan and confirm that the pressure monitoring system continues to meet the performance requirements in your monitoring plan. Alternatively, install and verify the operation of a new pressure sensor. (C) If you have an operating limit that requires a pH monitoring system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1) through (4) of this section. (1) Install the pH sensor in a position that provides a representative measurement of scrubber effluent pH. (2) Ensure the sample is properly mixed and representative of the fluid to be measured. (3) Conduct a performance evaluation of the pH monitoring system in accordance with your monitoring plan at least once each process operating day. (4) Conduct a performance evaluation (including a two-point calibration with one of the two buffer solutions having a pH within 1 of the operating limit pH level) of the pH monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than quarterly. (D) If you have an operating limit that requires the use of a temperature measurement device, you must meet the E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 23422 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules requirements in paragraphs (a)(3)(ii)(D)(1) through (4) of this section. (1) Install the temperature sensor and other necessary equipment in a position that provides a representative temperature. (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees Celsius (5 degrees Fahrenheit), or 1.0 percent of the temperature value, whichever is larger, for a noncryogenic temperature range. (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees Celsius (5 degrees Fahrenheit), or 2.5 percent of the temperature value, whichever is larger, for a cryogenic temperature range. (4) Conduct a temperature measurement device performance evaluation at the time of each performance test but no less frequently than annually. (E) If you have an operating limit that requires a secondary electric power monitoring system for an electrostatic precipitator, you must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of this section. (1) Install sensors to measure (secondary) voltage and current to the electrostatic precipitator collection plates. (2) Conduct a performance evaluation of the electric power monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (F) If you have an operating limit that requires the use of a monitoring system to measure sorbent injection rate (e.g., weigh belt, weigh hopper or hopper flow measurement device), you must meet the requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section. (1) Install the system in a position(s) that provides a representative measurement of the total sorbent injection rate. (2) Conduct a performance evaluation of the sorbent injection rate monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (4) Ongoing operation and maintenance procedures in accordance with the general requirements of § 60.11(d). (5) Ongoing data quality assurance procedures in accordance with the general requirements of § 60.13. (6) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 60.7(b), (c), (c)(1), (c)(4), (d), (e), (f) and (g). VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (7) Provisions for periods when the continuous monitoring system is out of control, as follows: (i) A continuous monitoring system is out of control if the conditions of paragraph (a)(7)(i)(A) or (i)(B) of this section are met. (A) The zero (low-level), mid-level (if applicable), or high-level calibration drift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard. (B) The continuous monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit or linearity test audit. (ii) When the continuous monitoring system is out of control as specified in paragraph (a)(7)(i) of this section, you must take the necessary corrective action and must repeat all necessary tests that indicate that the system is out of control. You must take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour you conduct a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. (8) Schedule for conducting initial and periodic performance evaluations of your continuous monitoring systems. (b) If a bag leak detection system is used, your monitoring plan must include a description of the following items: (1) Installation of the bag leak detection system in accordance with paragraphs (b)(1)(i) and (ii) of this section. (i) Install the bag leak detection sensor(s) in a position(s) that will be representative of the relative or absolute particulate matter loadings for each exhaust stack, roof vent or compartment (e.g., for a positive pressure fabric filter) of the fabric filter. (ii) Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less. (2) Initial and periodic adjustment of the bag leak detection system, including how the alarm set-point will be established. Use a bag leak detection system equipped with a system that will sound an alarm when the system detects an increase in relative particulate matter PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 emissions over a preset level. The alarm must be located where it is observed readily and any alert is detected and recognized easily by plant operating personnel. (3) Evaluations of the performance of the bag leak detection system, performed in accordance with your monitoring plan and consistent with the guidance provided in Fabric Filter Bag Leak Detection Guidance, EPA–454/R– 98–015, September 1997 (incorporated by reference, see § 60.17). (4) Operation of the bag leak detection system, including quality assurance procedures. (5) Maintenance of the bag leak detection system, including a routine maintenance schedule and spare parts inventory list. (6) Recordkeeping (including record retention) of the bag leak detection system data. Use a bag leak detection system equipped with a device to continuously record the output signal from the sensor. (c) You must conduct an initial performance evaluation of each continuous monitoring system and bag leak detection system, as applicable, in accordance with your monitoring plan and to § 60.13(c). For the purpose of this subpart, the provisions of § 60.13(c) also apply to the bag leak detection system. You must conduct the initial performance evaluation of each continuous monitoring system within 60 days of installation of the monitoring system. (d) You must submit a monitoring plan specifying the ash handling system operating procedures that you will follow to ensure that you meet the fugitive emissions limit specified in Table 2 or 3 to this subpart. (e) You may submit an application to the Administrator for approval of alternate monitoring requirements to demonstrate compliance with the standards of this subpart, subject to the provisions of paragraphs (e)(1) through (6) of this section. (1) The Administrator will not approve averaging periods other than those specified in this section, unless you document, using data or information, that the longer averaging period will ensure that emissions do not exceed levels achieved over the duration of three performance test runs. (2) If the application to use an alternate monitoring requirement is approved, you must continue to use the original monitoring requirement until approval is received to use another monitoring requirement. (3) You must submit the application for approval of alternate monitoring requirements no later than the E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules notification of performance test. The application must contain the information specified in paragraphs (e)(3)(i) through (iii) of this section: (i) Data or information justifying the request, such as the technical or economic infeasibility, or the impracticality of using the required approach. (ii) A description of the proposed alternative monitoring requirement, including the operating parameter to be monitored, the monitoring approach and technique, the averaging period for the limit, and how the limit is to be calculated. (iii) Data or information documenting that the alternative monitoring requirement would provide equivalent or better assurance of compliance with the relevant emission standard. (4) The Administrator will notify you of the approval or denial of the application within 90 calendar days after receipt of the original request, or within 60 calendar days of the receipt of any supplementary information, whichever is later. The Administrator will not approve an alternate monitoring application unless it would provide equivalent or better assurance of compliance with the relevant emission standard. Before disapproving any alternate monitoring application, the Administrator will provide the following: (i) Notice of the information and findings upon which the intended disapproval is based. (ii) Notice of opportunity for you to present additional supporting information before final action is taken on the application. This notice will specify how much additional time is allowed for you to provide additional supporting information. (5) You are responsible for submitting any supporting information in a timely manner to enable the Administrator to consider the application prior to the performance test. Neither submittal of an application, nor the Administrator’s failure to approve or disapprove the application relieves you of the responsibility to comply with any provision of this subpart. (6) The Administrator may decide at any time, on a case-by-case basis, that additional or alternative operating limits, or alternative approaches to establishing operating limits, are necessary to demonstrate compliance with the emission standards of this subpart. (f) You must submit your monitoring plans required in paragraphs (a) and (b) of this section at least 60 days before your initial performance evaluation of your continuous monitoring system(s). VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (g) You must submit your monitoring plan for your ash handling system, as required in paragraph (d) of this section, at least 60 days before your initial compliance test date. (h) You must update and resubmit your monitoring plan if there are any changes or potential changes in your monitoring procedures or if there is a process change, as defined in § 62.16045. Continuous Compliance Requirements § 62.16000 How and when do I demonstrate continuous compliance with the emission limits and standards? To demonstrate continuous compliance with the emission limits and standards specified in Table 2 or 3 to this subpart, use the procedures specified in paragraph (a) of this section. In lieu of using the procedures specified in paragraph (a) of this section, you have the option to demonstrate initial compliance using the procedures specified in paragraph (b) of this section for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive emissions from ash handling. You must meet the requirements of paragraphs (a) and (b) of this section, as applicable, and paragraphs (c) through (e) of this section, according to the performance testing, monitoring, and calibration requirements in § 62.16015(a) and (b). You may also petition the Administrator for alternative monitoring parameters as specified in paragraph (f) of this section. (a) Demonstrate continuous compliance using a performance test. Except as provided in paragraphs (a)(3) and (e) of this section, following the date that the initial performance test for each pollutant in Table 2 or 3 to this subpart is completed, you must conduct a performance test for each such pollutant on an annual basis (between 11 and 13 calendar months following the previous performance test). The performance test must be conducted using the test methods, averaging methods, and minimum sampling volumes or durations specified in Table 2 or 3 to this subpart and according to the testing, monitoring and calibration requirements specified in § 62.16015(a). (1) You may conduct a repeat performance test at any time to establish new values for the operating limits to apply from that point forward. The Administrator may request a repeat performance test at any time. (2) You must repeat the performance test within 60 days of a process change, as defined in § 62.16045. PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 23423 (3) Except as specified in paragraphs (a)(1) and (2) of this section, you can conduct performance tests less often for a given pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this section. (i) You can conduct performance tests less often if your performance tests for the pollutant for at least 2 consecutive years show that your emissions are at or below 75 percent of the emission limit specified in Table 2 or 3 to this subpart, and there are no changes in the operation of the affected source or air pollution control equipment that could increase emissions. In this case, you do not have to conduct a performance test for that pollutant for the next 2 years. You must conduct a performance test during the third year and no more than 37 months after the previous performance test. (ii) If your SSI unit continues to meet the emission limit for the pollutant, you may choose to conduct performance tests for the pollutant every third year if your emissions are at or below 75 percent of the emission limit, and if there are no changes in the operation of the affected source or air pollution control equipment that could increase emissions, but each such performance test must be conducted no more than 37 months after the previous performance test. (iii) If a performance test shows emissions exceeded 75 percent of the emission limit for a pollutant, you must conduct annual performance tests for that pollutant until all performance tests over 2 consecutive years show compliance. (b) Demonstrate continuous compliance using a continuous emissions monitoring system or continuous automated sampling system. The option to use a continuous emissions monitoring system for hydrogen chloride, dioxins/furans, cadmium or lead takes effect on the date a final performance specification applicable to hydrogen chloride, dioxins/furans, cadmium or lead is published in the Federal Register. The option to use a continuous automated sampling system for dioxins/furans takes effect on the date a final performance specification for such a continuous automated sampling system is published in the Federal Register. Collect data as specified in § 62.16015(b)(6) and use the following procedures: (1) To demonstrate continuous compliance with the emission limits for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 23424 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules dioxide, cadmium and lead, you may substitute the use of a continuous monitoring system in lieu of conducting the annual performance test required in paragraph (a) of this section, as follows: (i) You may substitute the use of a continuous emissions monitoring system for any pollutant specified in paragraph (b)(1) of this section in lieu of conducting the annual performance test for that pollutant in paragraph (a) of this section. For determining compliance with the carbon monoxide concentration limit using carbon monoxide CEMS, the correction to 7 percent oxygen does not apply during periods of startup or shutdown. Use the measured carbon monoxide concentration without correcting for oxygen concentration in averaging with other carbon monoxide concentrations (corrected to 7 percent oxygen) to determine the 24-hour average value. (ii) You may substitute the use of a continuous automated sampling system for mercury or dioxins/furans in lieu of conducting the annual mercury or dioxin/furan performance test in paragraph (a) of this section. (2) If you use a continuous emissions monitoring system to demonstrate compliance with an applicable emission limit in paragraph (b)(1) of this section, you must use the continuous emissions monitoring system and follow the requirements specified in § 62.16015(b). You must measure emissions according to § 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate initial compliance using a 24-hour block average of these 1-hour arithmetic average emission concentrations, calculated using Equation 19–19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A–7. (3) If you use a continuous automated sampling system to demonstrate compliance with an applicable emission limit in paragraph (b)(1) of this section, you must: (i) Use the continuous automated sampling system specified in § 60.58b(p) and (q), and measure and calculate average emissions corrected to 7 percent oxygen (or carbon dioxide) according to § 60.58b(p) and your monitoring plan. (A) Use the procedures specified in § 60.58b(p) to calculate 24-hour averages to determine compliance with the mercury emission limit in Table 2 or 3 to this subpart. (B) Use the procedures specified in § 60.58b(p) to calculate 2-week averages to determine compliance with the dioxin/furan (total mass basis or toxic equivalency basis) emission limits in Table 2 or 3 to this subpart. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (ii) Update your monitoring plan as specified in § 60.4880(e). For mercury continuous automated sampling systems, you must use Performance Specification 12B of appendix B of part 75 and Procedure 5 of appendix F of part 60. (4) Except as provided in paragraph (e) of this section, you must complete your periodic performance evaluations required in your monitoring plan for any continuous emissions monitoring systems and continuous automated sampling systems, according to the schedule specified in your monitoring plan. If you were previously determining compliance by conducting an annual performance test (or according to the less frequent testing for a pollutant as provided in paragraph (a)(3) of this section), you must complete the initial performance evaluation required under your monitoring plan in § 62.15995 for the continuous monitoring system prior to using the continuous emissions monitoring system to demonstrate compliance or continuous automated sampling system. Your performance evaluation must be conducted using the procedures and acceptance criteria specified in § 62.15995(a)(3). (c) To demonstrate compliance with the dioxins/furans toxic equivalency emission limit in paragraph (a) or (b) of this section, you must determine dioxins/furans toxic equivalency as follows: (1) Measure the concentration of each dioxin/furan tetra- through octachlorinated-isomer emitted using Method 23 at 40 CFR part 60, appendix A–7. (2) For each dioxin/furan (tetrathrough octachlorinated) isomer measured in accordance with paragraph (c)(1) of this section, multiply the isomer concentration by its corresponding toxic equivalency factor specified in Table 5 to this subpart. (3) Sum the products calculated in accordance with paragraph (c)(2) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency. (d) You must submit an annual compliance report as specified in § 62.16030(c). You must submit a deviation report as specified in § 62.16030(d) for each instance that you did not meet each emission limit in Tables 2 and 3 to this subpart. (e) If you demonstrate continuous compliance using a performance test, as specified in paragraph (a) of this section, then the provisions of this paragraph (e) apply. If a force majeure is about to occur, occurs, or has occurred for which you intend to assert PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 a claim of force majeure, you must notify the Administrator in writing as specified in § 62.16030(f). You must conduct the performance test as soon as practicable after the force majeure occurs. The Administrator will determine whether or not to grant the extension to the performance test deadline, and will notify you in writing of approval or disapproval of the request for an extension as soon as practicable. Until an extension of the performance test deadline has been approved by the Administrator, you remain strictly subject to the requirements of this subpart. (f) After any initial requests in § 62.15995 for alternative monitoring requirements for initial compliance, you may subsequently petition the Administrator for alternative monitoring parameters as specified in §§ 60.13(i) and 62.15995(e). § 62.16005 How do I demonstrate continuous compliance with my operating limits? You must continuously monitor your operating parameters as specified in paragraph (a) of this section and meet the requirements of paragraphs (b) and (c) of this section, according to the monitoring and calibration requirements in § 62.16020. You must confirm and reestablish your operating limits as specified in paragraph (d) of this section. (a) You must continuously monitor the operating parameters specified in paragraphs (a)(1) and(2) of this section using the continuous monitoring equipment and according to the procedures specified in § 62.16020 or established in § 62.15965. To determine compliance, you must use the data averaging period specified in Table 4 to this subpart (except for alarm time of the baghouse leak detection system) unless a different averaging period is established under § 62.15965. (1) You must demonstrate that the SSI unit meets the operating limits established according to §§ 62.15965 and 62.15985 and paragraph (d) of this section for each applicable operating parameter. (2) You must demonstrate that the SSI unit meets the operating limit for bag leak detection systems as follows: (i) For a bag leak detection system, you must calculate the alarm time as follows: (A) If inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. (B) If corrective action is required, each alarm time shall be counted as a minimum of 1 hour. E:\FR\FM\27APP3.SGM 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Where: Cadj = Pollutant concentration adjusted to 7 percent oxygen. Cmeas = Pollutant concentration measured on a dry basis. (20.9¥7) = 20.9 percent oxygen¥7 percent oxygen (defined oxygen correction basis). 20.9 = Oxygen concentration in air, percent. %O2 = Oxygen concentration measured on a dry basis, percent. (7) Performance tests must be conducted and data reduced in accordance with the test methods and procedures contained in this subpart unless the Administrator does one of the following. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 § 62.16000(a) or any performance evaluation required in § 62.16000(b)(4). (2) You may conduct a repeat performance test at any time to establish new values for the operating limits to apply from that point forward. You must meet, as applicable, the performance testing requirements specified in paragraph (a) of this section, the monitoring requirements specified in paragraph (b) of this section, the air pollution control device inspections requirements specified in paragraph (c) of this section, and the bypass stack provisions specified in paragraph (d) of this section. (a) Performance testing requirements. (1) All performance tests must consist of a minimum of three test runs conducted under conditions representative of normal operations, as specified in § 60.8(c). Emissions in excess of the emission limits or standards during periods of startup, shutdown, and malfunction are considered deviations from the applicable emission limits or standards. (2) You must document that the dry sludge burned during the performance test is representative of the sludge burned under normal operating conditions by: (i) Maintaining a log of the quantity of sewage sludge burned during the performance test by continuously monitoring and recording the average hourly rate that sewage sludge is fed to the incinerator. (ii) Maintaining a log of the moisture content of the sewage sludge burned during the performance test by taking grab samples of the sewage sludge fed to the incinerator for each 8 hour period that testing is conducted. (3) All performance tests must be conducted using the test methods, minimum sampling volume, observation period, and averaging method specified in Table 2 or 3 to this subpart. (4) Method 1 at 40 CFR part 60, appendix A must be used to select the sampling location and number of traverse points. (5) Method 3A or 3B at 40 CFR part 60, appendix A–2 must be used for gas composition analysis, including measurement of oxygen concentration. Method 3A or 3B at 40 CFR part 60, appendix A–2 must be used simultaneously with each method. (6) All pollutant concentrations must be adjusted to 7 percent oxygen using Equation 1 of this section: (i) Specifies or approves, in specific cases, the use of a method with minor changes in methodology. (ii) Approves the use of an equivalent method. (iii) Approves the use of an alternative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance. (iv) Waives the requirement for performance tests because you have demonstrated by other means to the Administrator’s satisfaction that the affected SSI unit is in compliance with the standard. (v) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. Nothing in this paragraph is construed to abrogate the Administrator’s authority to require testing under section 114 of the Clean Air Act. (8) You must provide the Administrator at least 30 days prior notice of any performance test, except as specified under other subparts, to afford the Administrator the opportunity to have an observer present. If after 30 days’ notice for an initially scheduled performance test, there is a delay (due to operational problems, etc.) in conducting the scheduled performance test, you must notify the Administrator as soon as possible of any delay in the original test date, either by providing at § 62.16010 By what date must I conduct annual air pollution control device inspections and make any necessary repairs? (a) You must conduct an annual inspection of each air pollution control device used to comply with the emission limits, according to § 62.16015(c), no later than 12 months following the previous annual air pollution control device inspection. (b) Within 10 operating days following an air pollution control device inspection, all necessary repairs must be completed unless you obtain written approval from the Administrator establishing a date whereby all necessary repairs of the affected SSI unit must be completed. Performance Testing, Monitoring, and Calibration Requirements § 62.16015 What are the performance testing, monitoring, and calibration requirements for compliance with the emission limits and standards? PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\27APP3.SGM 27APP3 EP27AP15.005</GPH> (C) If you take longer than 1 hour to initiate corrective action, each alarm time (i.e., time that the alarm sounds) is counted as the actual amount of time taken by you to initiate corrective action. (ii) Your maximum alarm time is equal to 5 percent of the operating time during a 6-month period, as specified in § 62.15960(c). (b) Operation above the established maximum, below the established minimum, or outside the allowable range of the operating limits specified in paragraph (a) of this section constitutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. You must submit the deviation report specified in § 62.16030(d) for each instance that you did not meet one of your operating limits established under this subpart. (c) You must submit the annual compliance report specified in § 62.16030(c) to demonstrate continuous compliance. (d) You must confirm your operating limits according to paragraph (d)(1) of this section or re-establish operating limits according to paragraph (d)(2) of this section. Your operating limits must be established so as to assure ongoing compliance with the emission limits. These requirements also apply to your operating requirements in your fugitive emissions monitoring plan specified in § 62.15960(d). (1) Your operating limits must be based on operating data recorded during any performance test required in 23425 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 23426 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules least 7 days prior notice of the rescheduled date of the performance test, or by arranging a rescheduled date with the Administrator by mutual agreement. (9) You must provide, or cause to be provided, performance testing facilities as follows: (i) Sampling ports adequate for the test methods applicable to the SSI unit, as follows: (A) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures. (B) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures. (ii) Safe sampling platform(s). (iii) Safe access to sampling platform(s). (iv) Utilities for sampling and testing equipment. (10) Unless otherwise specified in this subpart, each performance test must consist of three separate runs using the applicable test method. Each run must be conducted for the time and under the conditions specified in the applicable standard. Compliance with each emission limit must be determined by calculating the arithmetic mean of the three runs. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances, beyond your control, compliance may, upon the Administrator’s approval, be determined using the arithmetic mean of the results of the two other runs. (11) During each test run specified in paragraph (a)(1) of this section, you must operate your sewage sludge incinerator at a minimum of 85 percent of your maximum permitted capacity. (b) Continuous monitor requirements. You must meet the following requirements, as applicable, when using a continuous monitoring system to demonstrate compliance with the emission limits in Table 2 or 3 to this subpart. The option to use a continuous emissions monitoring system for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on the date a final performance specification applicable to hydrogen chloride, dioxins/furans, cadmium or lead is published in the Federal Register. If you elect to use a continuous emissions monitoring system instead of conducting annual performance testing, you must meet the requirements of VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 paragraphs (b)(1) through (6) of this section. If you elect to use a continuous automated sampling system instead of conducting annual performance testing, you must meet the requirements of paragraph (b)(7) of this section. The option to use a continuous automated sampling system for dioxins/furans takes effect on the date a final performance specification for such a continuous automated sampling system is published in the Federal Register. (1) You must notify the Administrator 1 month before starting use of the continuous emissions monitoring system. (2) You must notify the Administrator 1 month before stopping use of the continuous emissions monitoring system, in which case you must also conduct a performance test within prior to ceasing operation of the system. (3) You must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the emissions to the atmosphere in accordance with the following: (i) Section 60.13 of subpart A of part 60. (ii) The following performance specifications of appendix B of part 60, as applicable: (A) For particulate matter, Performance Specification 11 of appendix B of part 60. (B) For hydrogen chloride, Performance Specification 15 of appendix B of part 60. (C) For carbon monoxide, Performance Specification 4B of appendix B of part 60 with spans appropriate to the applicable emission limit. (D) [Reserved] (E) For mercury, Performance Specification 12A of appendix B of part 60. (F) For nitrogen oxides, Performance Specification 2 of appendix B of part 60. (G) For sulfur dioxide, Performance Specification 2 of appendix B of part 60. (iii) For continuous emissions monitoring systems, the quality assurance procedures (e.g., quarterly accuracy determinations and daily calibration drift tests) of appendix F of this part specified in paragraphs (b)(3)(iii)(A) through (G) of this section. For each pollutant, the span value of the continuous emissions monitoring system is two times the applicable emission limit, expressed as a concentration. (A) For particulate matter, Procedure 2 in appendix F of part 60. (B) For hydrogen chloride, Procedure 1 in appendix F of part 60 except that the Relative Accuracy Test Audit PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 requirements of Procedure 1 shall be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of Performance Specification 15 of appendix B of part 60. (C) For carbon monoxide, Procedure 1 in appendix F of part 60. (D) [Reserved] (E) For mercury, Procedures 5 in appendix F of part 60. (F) For nitrogen oxides, Procedure 1 in appendix F of part 60. (G) For sulfur dioxide, Procedure 1 in appendix F of part 60. (iv) If your monitoring system has a malfunction or out-of-control period, you must complete repairs and resume operation of your monitoring system as expeditiously as possible. (4) During each relative accuracy test run of the continuous emissions monitoring system using the performance specifications in paragraph (b)(3)(ii) of this section, emission data for each regulated pollutant and oxygen (or carbon dioxide as established in (b)(5) of this section) must be collected concurrently (or within a 30- to 60minute period) by both the continuous emissions monitoring systems and the test methods specified in paragraph (b)(4)(i) through (viii) of this section. Relative accuracy testing must be at representative operating conditions while the SSI unit is charging sewage sludge. (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A–3 or Method 26A or 29 at 40 CFR part 60, appendix A–8 shall be used. (ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60, appendix A– 8, shall be used, as specified in Tables 2 and 3 to this subpart. (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part 60, appendix A–4, shall be used. (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A–7, shall be used. (v) For mercury, cadmium and lead, Method 29 at 40 CFR part 60, appendix A–8, shall be used. Alternatively for mercury, either Method 30B at 40 CFR part 60, appendix A–8 or ASTM D6784– 02 (Reapproved 2008) (incorporated by reference, see § 60.17), may be used. (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60, appendix A–4, shall be used. (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60, appendix A–4, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17) must be used. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for the E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules inlet of the sulfur dioxide continuous emissions monitoring system should be no greater than 20 percent of the mean value of the method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the method and the continuous emissions monitoring system, whichever is greater. (viii) For oxygen (or carbon dioxide as established in (b)(5) of this section), Method 3A or 3B at 40 CFR part 60, appendix A–2, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17), as applicable, must be used. (5) You may request that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels must be established during the initial performance test according to the procedures and methods specified in paragraphs (b)(5)(i) through (iv) of this section. This relationship may be re-established during subsequent performance tests. (i) The fuel factor equation in Method 3B at 40 CFR part 60, appendix A–2 must be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR part 60, appendix A–2, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17), as applicable, must be used to determine the oxygen concentration at the same location as the carbon dioxide monitor. (ii) Samples must be taken for at least 30 minutes in each hour. (iii) Each sample must represent a 1hour average. (iv) A minimum of three runs must be performed. (6) You must operate the continuous monitoring system and collect data with the continuous monitoring system as follows: (i) You must collect data using the continuous monitoring system at all times the affected SSI unit is operating and at the intervals specified in paragraph (b)(6)(ii) of this section, except for periods of monitoring system malfunctions that occur during periods specified in § 62.15995(a)(7)(i), repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments). Any such periods that you do not collect data using the continuous VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 monitoring system constitute a deviation from the monitoring requirements and must be reported in a deviation report. (ii) You must collect continuous emissions monitoring system data in accordance with § 60.13(e)(2). (iii) Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities must not be included in calculations used to report emissions or operating levels. Any such periods must be reported in a deviation report. (iv) Any data collected during periods when the monitoring system is out of control as specified in § 60.4880(a)(7)(i), repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or control activities conducted during out-of-control periods must not be included in calculations used to report emissions or operating levels. Any such periods that do not coincide with a monitoring system malfunction as defined in § 62.16045, constitute a deviation from the monitoring requirements and must be reported in a deviation report. (v) You must use all the data collected during all periods except those periods specified in paragraphs (b)(6)(iii) and (iv) of this section in assessing the operation of the control device and associated control system. (7) If you elect to use a continuous automated sampling system instead of conducting annual performance testing, you must: (i) Install, calibrate, maintain and operate a continuous automated sampling system according to the sitespecific monitoring plan developed in § 60.58b(p)(1) through (6), (9), (10), and (q). (ii) Collect data according to § 60.58b(p)(5) and paragraph (b)(6) of this section. (c) Air pollution control device inspections. You must conduct air pollution control device inspections that include, at a minimum, the following: (1) Inspect air pollution control device(s) for proper operation. (2) Generally observe that the equipment is maintained in good operating condition. (3) Develop a site-specific monitoring plan according to the requirements in § 62.15995. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under § 60.13(i). (d) Bypass stack. Use of the bypass stack at any time that sewage sludge is PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 23427 being charged to the SSI unit is an emissions standards deviation for all pollutants listed in Table 2 or 3 to this subpart. The use of the bypass stack during a performance test invalidates the performance test. § 62.16020 What are the monitoring and calibration requirements for compliance with my operating limits? (a) You must install, operate, calibrate and maintain the continuous parameter monitoring systems according to the requirements in paragraphs (a)(1) and (2) of this section. (1) Meet the following general requirements for flow, pressure, pH and operating temperature measurement devices: (i) You must collect data using the continuous monitoring system at all times the affected SSI unit is operating and at the intervals specified in paragraph (a)(1)(ii) of this section, except for periods of monitoring system malfunctions that occur during periods specified defined in § 62.15995(a)(7)(i), repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments). Any such periods that you do not collect data using the continuous monitoring system constitute a deviation from the monitoring requirements and must be reported in a deviation report. (ii) You must collect continuous parameter monitoring system data in accordance with § 60.13(e)(2). (iii) Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities must not be included in calculations used to report emissions or operating levels. Any such periods must be reported in your annual deviation report. (iv) Any data collected during periods when the monitoring system is out of control as specified in § 62.15995(a)(7)(i) must not be included in calculations used to report emissions or operating levels. Any such periods that do not coincide with a monitoring system malfunction, as defined in § 62.16045, constitute a deviation from the monitoring requirements and must be reported in a deviation report. (v) You must use all the data collected during all periods except those periods specified in paragraphs (a)(1)(iii) and (iv) of this section in assessing the operation of the control device and associated control system. E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 23428 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules (vi) Record the results of each inspection, calibration and validation check. (2) Operate and maintain your continuous monitoring system according to your monitoring plan required under § 60.4880. Additionally: (i) For carrier gas flow rate monitors (for activated carbon injection), during the performance test conducted pursuant to § 60.4885, you must demonstrate that the system is maintained within ±5 percent accuracy, according to the procedures in appendix A to part 75 of this chapter. (ii) For carrier gas pressure drop monitors (for activated carbon injection), during the performance test conducted pursuant to § 60.4885, you must demonstrate that the system is maintained within ±5 percent accuracy. (b) You must operate and maintain your bag leak detection system in continuous operation according to your monitoring plan required under § 60.4880. Additionally: (1) For positive pressure fabric filter systems that do not duct all compartments of cells to a common stack, a bag leak detection system must be installed in each baghouse compartment or cell. (2) Where multiple bag leak detectors are required, the system’s instrumentation and alarm may be shared among detectors. (3) You must initiate procedures to determine the cause of every alarm within 8 hours of the alarm, and you must alleviate the cause of the alarm within 24 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following: (i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media or any other condition that may cause an increase in particulate matter emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media or otherwise repairing the control device. (iv) Sealing off a defective fabric filter compartment. (v) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system. (vi) Shutting down the process producing the particulate matter emissions. (c) You must operate and maintain the continuous parameter monitoring systems specified in paragraphs (a) and (b) of this section in continuous operation according to your monitoring plan required under § 60.4880. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (d) If your SSI unit has a bypass stack, you must install, calibrate (to manufacturers’ specifications), maintain and operate a device or method for measuring the use of the bypass stack including date, time and duration. Recordkeeping and Reporting § 62.16025 What records must I keep? You must maintain the items (as applicable) specified in paragraphs (a) through (n) of this section for a period of at least 5 years. All records must be available on site in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the Administrator. (a) Date. Calendar date of each record. (b) Increments of progress. Copies of the final control plan and any additional notifications, reported under § 62.16030. (c) Operator Training. Documentation of the operator training procedures and records specified in paragraphs (c)(1) through (4) of this section. You must make available and readily accessible at the facility at all times for all SSI unit operators the documentation specified in paragraph (c)(1) of this section. (1) Documentation of the following operator training procedures and information: (i) Summary of the applicable standards under this subpart. (ii) Procedures for receiving, handling and feeding sewage sludge. (iii) Incinerator startup, shutdown, and malfunction preventative and corrective procedures. (iv) Procedures for maintaining proper combustion air supply levels. (v) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart. (vi) Monitoring procedures for demonstrating compliance with the incinerator operating limits. (vii) Reporting and recordkeeping procedures. (viii) Procedures for handling ash. (ix) A list of the materials burned during the performance test, if in addition to sewage sludge. (x) For each qualified operator and other plant personnel who may operate the unit according to the provisions of § 62.15945(a), the phone and/or pager number at which they can be reached during operating hours. (2) Records showing the names of SSI unit operators and other plant personnel who may operate the unit according to the provisions of § 62.15945(a), as follows: (i) Records showing the names of SSI unit operators and other plant personnel PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 who have completed review of the information in paragraph (c)(1) of this section as required by § 62.15950(b), including the date of the initial review and all subsequent annual reviews. (ii) Records showing the names of the SSI operators who have completed the operator training requirements under § 62.15920, met the criteria for qualification under § 62.15930, and maintained or renewed their qualification under § 62.15935 or § 62.15940. Records must include documentation of training, including the dates of their initial qualification and all subsequent renewals of such qualifications. (3) Records showing the periods when no qualified operators were accessible for more than 8 hours, but less than 2 weeks, as required in § 62.15945(a). (4) Records showing the periods when no qualified operators were accessible for 2 weeks or more along with copies of reports submitted as required in § 62.15945(b). (d) Air pollution control device inspections. Records of the results of initial and annual air pollution control device inspections conducted as specified in §§ 62.15990 and 62.16015(c), including any required maintenance and any repairs not completed within 10 days of an inspection or the timeframe established by the Administrator. (e) Performance test reports. (1) The results of the initial, annual and any subsequent performance tests conducted to determine compliance with the emission limits and standards and/or to establish operating limits, as applicable. (2) Retain a copy of the complete performance test report, including calculations. (3) Keep a record of the hourly dry sludge feed rate measured during performance test runs as specified in § 62.16015(a)(2)(i). (4) Keep any necessary records to demonstrate that the performance test was conducted under conditions representative of normal operations, including a record of the moisture content measured as required in § 62.16015(a)(2)(ii) for each grab sample taken of the sewage sludge burned during the performance test. (f) Continuous monitoring data. Records of the following data, as applicable: (1) For continuous emissions monitoring systems, all 1-hour average concentrations of particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides, sulfur dioxide, cadmium and lead emissions. E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules (2) For continuous automated sampling systems, all average concentrations measured for mercury and dioxins/furans total mass basis at the frequencies specified in your monitoring plan. (3) For continuous parameter monitoring systems: (i) All 1-hour average values recorded for the following operating parameters, as applicable: (A) Combustion chamber operating temperature (or afterburner temperature). (B) If a wet scrubber is used to comply with the rule, pressure drop across each wet scrubber system and liquid flow rate to each wet scrubber used to comply with the emission limit in Table 2 or 3 to this subpart for particulate matter, cadmium or lead and scrubber liquid flow rate and scrubber liquid pH for each wet scrubber used to comply with an emission limit in Table 2 or 3 to this subpart for sulfur dioxide or hydrogen chloride. (C) If an electrostatic precipitator is used to comply with the rule, secondary voltage of the electrostatic precipitator collection plates and secondary amperage of the electrostatic precipitator collection plates and effluent water flow rate at the outlet of the wet electrostatic precipitator. (D) If activated carbon injection is used to comply with the rule, sorbent flow rate and carrier gas flow rate or pressure drop, as applicable. (ii) All daily average values recorded for the feed rate and moisture content of the sewage sludge fed to the sewage sludge incinerator, monitored and calculated as specified in § 62.15960(f). (iii) If a fabric filter is used to comply with the rule, the date, time and duration of each alarm and the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. You must also record the percent of operating time during each 6-month period that the alarm sounds, calculated as specified in § 62.16005. (iv) For other control devices for which you must establish operating limits under § 62.15965, you must maintain data collected for all operating parameters used to determine compliance with the operating limits, at the frequencies specified in your monitoring plan. (g) Other records for continuous monitoring systems. You must keep the following records, as applicable: (1) Keep records of any notifications to the Administrator in § 60.4915(h)(1) of starting or stopping use of a continuous monitoring system for VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 determining compliance with any emissions limit. (2) Keep records of any requests under § 62.16015(b)(5) that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. (3) If activated carbon injection is used to comply with the rule, the type of sorbent used and any changes in the type of sorbent used. (h) Deviation Reports. Records of any deviation reports submitted under § 62.16030(e) and (f). (i) Equipment specifications and operation and maintenance requirements. Equipment specifications and related operation and maintenance requirements received from vendors for the incinerator, emission controls and monitoring equipment. (j) Inspections, calibrations and validation checks of monitoring devices. Records of inspections, calibration and validation checks of any monitoring devices as required under §§ 62.16015 and 62.16020. (k) Monitoring plan and performance evaluations for continuous monitoring systems. Records of the monitoring plans required under § 62.15995, and records of performance evaluations required under § 62.16000(b)(5). (l) Less frequent testing. If, consistent with § 62.16000(a)(3), you elect to conduct performance tests less frequently than annually, you must keep annual records that document that your emissions in the two previous consecutive years were at or below 75 percent of the applicable emission limit in Table 1 or 2 to this subpart, and document that there were no changes in source operations or air pollution control equipment that would cause emissions of the relevant pollutant to increase within the past 2 years. (m) Use of bypass stack. Records indicating use of the bypass stack, including dates, times and durations as required under § 62.16020(d). (n) If a malfunction occurs, you must keep a record of the information submitted in your annual report in § 62.16030(c)(16). § 62.16030 What reports must I submit? You must submit the reports to the Administrator specified in paragraphs (a) through (i) of this section. See Table 6 to this subpart for a summary of these reports. (a) Increments of progress report. If you plan to achieve compliance more than 1 year following the effective date of state plan approval, you must submit the following reports, as applicable: (1) A final control plan as specified in §§ 62.15875(b)(1) and 62.15900. PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 23429 (2) You must submit your notification of achievement of increments of progress no later than 10 business days after the compliance date for the increment as specified in §§ 62.15885 and 62.15890. (3) If you fail to meet an increment of progress, you must submit a notification to the Administrator postmarked within 10 business days after the date for that increment, as specified in § 62.15895. (4) If you plan to close your SSI unit rather than comply with the Federal Plan, submit a closure notification as specified in § 62.15915. (b) Initial compliance report. You must submit the following information no later than 60 days following the initial performance test. (1) Company name, physical address and mailing address. (2) Statement by a responsible official, with that official’s name, title and signature, certifying the accuracy of the content of the report. (3) Date of report. (4) The complete test report for the initial performance test results obtained by using the test methods specified in Table 2 or 3 to this subpart. (5) If an initial performance evaluation of a continuous monitoring system was conducted, the results of that initial performance evaluation. (6) The values for the site-specific operating limits established pursuant to §§ 62.15960 and 62.15965 and the calculations and methods, as applicable, used to establish each operating limit. (7) If you are using a fabric filter to comply with the emission limits, documentation that a bag leak detection system has been installed and is being operated, calibrated, and maintained as required by § 62.15960(b). (8) The results of the initial air pollution control device inspection required in § 62.15990, including a description of repairs. (9) The site-specific monitoring plan required under § 62.15995, at least 60 days before your initial performance evaluation of your continuous monitoring system. (10) The site-specific monitoring plan for your ash handling system required under § 62.15995, at least 60 days before your initial performance test to demonstrate compliance with your fugitive ash emission limit. (c) Annual compliance report. You must submit an annual compliance report that includes the items listed in paragraphs (c)(1) through (16) of this section for the reporting period specified in paragraph (c)(3) of this section. You must submit your first annual compliance report no later than 12 months following the submission of E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 23430 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules the initial compliance report in paragraph (b) of this section. You must submit subsequent annual compliance reports no more than 12 months following the previous annual compliance report. (You may be required to submit similar or additional compliance information more frequently by the title V operating permit required in § 62.16035.) (1) Company name, physical address and mailing address. (2) Statement by a responsible official, with that official’s name, title and signature, certifying the accuracy of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) If a performance test was conducted during the reporting period, the results of that performance test. (i) If operating limits were established during the performance test, include the value for each operating limit and, as applicable, the method used to establish each operating limit, including calculations. (ii) If activated carbon is used during the performance test, include the type of activated carbon used. (5) For each pollutant and operating parameter recorded using a continuous monitoring system, the highest average value and lowest average value recorded during the reporting period, as follows: (i) For continuous emission monitoring systems and continuous automated sampling systems, report the highest and lowest 24-hour average emission value. (ii) For continuous parameter monitoring systems, report the following values: (A) For all operating parameters except scrubber liquid pH, the highest and lowest 12-hour average values. (B) For scrubber liquid pH, the highest and lowest 3-hour average values. (6) If there are no deviations during the reporting period from any emission limit, emission standard or operating limit that applies to you, a statement that there were no deviations from the emission limits, emission standard or operating limits. (7) Information for bag leak detection systems recorded under § 62.16025(f)(3)(iii). (8) If a performance evaluation of a continuous monitoring system was conducted, the results of that performance evaluation. If new operating limits were established during the performance evaluation, include your calculations for establishing those operating limits. (9) If you elect to conduct performance tests less frequently as VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 allowed in § 62.16000(a)(3) and did not conduct a performance test during the reporting period, you must include the dates of the last two performance tests, a comparison of the emission level you achieved in the last two performance tests to the 75 percent emission limit threshold specified in § 62.16000(a)(3), and a statement as to whether there have been any process changes and whether the process change resulted in an increase in emissions. (10) Documentation of periods when all qualified sewage sludge incineration unit operators were unavailable for more than 8 hours, but less than 2 weeks. (11) Results of annual air pollution control device inspections recorded under § 62.16025(d) for the reporting period, including a description of repairs. (12) If there were no periods during the reporting period when your continuous monitoring systems had a malfunction, a statement that there were no periods during which your continuous monitoring systems had a malfunction. (13) If there were no periods during the reporting period when a continuous monitoring system was out of control, a statement that there were no periods during which your continuous monitoring systems were out of control. (14) If there were no operator training deviations, a statement that there were no such deviations during the reporting period. (15) If you did not make revisions to your site-specific monitoring plan during the reporting period, a statement that you did not make any revisions to your site-specific monitoring plan during the reporting period. If you made revisions to your site-specific monitoring plan during the reporting period, a copy of the revised plan. (16) If you had a malfunction during the reporting period, the compliance report must include the number, duration, and a brief description for each type of malfunction that occurred during the reporting period and that caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 60.11(d), including actions taken to correct a malfunction. (d) Deviation reports. (1) You must submit a deviation report if: (i) Any recorded operating parameter level, based on the averaging time specified in Table 4 to this subpart, is above the maximum operating limit or PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 below the minimum operating limit established under this subpart. (ii) The bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporting period. (iii) Any recorded 24-hour block average emissions level is above the emission limit, if a continuous monitoring system is used to comply with an emission limit. (iv) There are visible emissions of combustion ash from an ash conveying system for more than 5 percent of any compliance test hourly observation period. (v) A performance test was conducted that deviated from any emission limit in Table 2 or 3 to this subpart. (vi) A continuous monitoring system was out of control. (vii) You had a malfunction (e.g., continuous monitoring system malfunction) that caused or may have caused any applicable emission limit to be exceeded. (2) The deviation report must be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data you collected during the second half of the calendar year (July 1 to December 31). (3) For each deviation where you are using a continuous monitoring system to comply with an associated emission limit or operating limit, report the items described in paragraphs (d)(3)(i) through (viii) of this section. (i) Company name, physical address and mailing address. (ii) Statement by a responsible official, with that official’s name, title and signature, certifying the accuracy of the content of the report. (iii) The calendar dates and times your unit deviated from the emission limits, emission standards or operating limits requirements. (iv) The averaged and recorded data for those dates. (v) Duration and cause of each deviation from the following: (A) Emission limits, emission standards, operating limits and your corrective actions. (B) Bypass events and your corrective actions. (vi) Dates, times and causes for monitor downtime incidents. (vii) A copy of the operating parameter monitoring data during each deviation and any test report that documents the emission levels. (viii) If there were periods during which the continuous monitoring system malfunctioned or was out of control, you must include the following E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules information for each deviation from an emission limit or operating limit: (A) The date and time that each malfunction started and stopped. (B) The date, time and duration that each continuous monitoring system was inoperative, except for zero (low-level) and high-level checks. (C) The date, time and duration that each continuous monitoring system was out of control, including start and end dates and hours and descriptions of corrective actions taken. (D) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of malfunction, during a period when the system as out of control or during another period. (E) A summary of the total duration of the deviation during the reporting period, and the total duration as a percent of the total source operating time during that reporting period. (F) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes and other unknown causes. (G) A summary of the total duration of continuous monitoring system downtime during the reporting period, and the total duration of continuous monitoring system downtime as a percent of the total operating time of the SSI unit at which the continuous monitoring system downtime occurred during that reporting period. (H) An identification of each parameter and pollutant that was monitored at the SSI unit. (I) A brief description of the SSI unit. (J) A brief description of the continuous monitoring system. (K) The date of the latest continuous monitoring system certification or audit. (L) A description of any changes in continuous monitoring system, processes, or controls since the last reporting period. (4) For each deviation where you are not using a continuous monitoring system to comply with the associated emission limit or operating limit, report the following items: (i) Company name, physical address and mailing address. (ii) Statement by a responsible official, with that official’s name, title and signature, certifying the accuracy of the content of the report. (iii) The total operating time of each affected source during the reporting period. (iv) The calendar dates and times your unit deviated from the emission limits, emission standards or operating limits requirements. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 (v) The averaged and recorded data for those dates. (vi) Duration and cause of each deviation from the following: (A) Emission limits, emission standards, operating limits and your corrective actions. (B) Bypass events and your corrective actions. (vii) A copy of any performance test report that showed a deviation from the emission limits or standards. (viii) A brief description of any malfunction reported in paragraph (d)(1)(vii) of this section, including a description of actions taken during the malfunction to minimize emissions in accordance with § 60.11(d) and to correct the malfunction. (e) Qualified operator deviation. (1) If all qualified operators are not accessible for 2 weeks or more, you must take the two actions in paragraphs (e)(1)(i) and (ii) of this section. (i) Submit a notification of the deviation within 10 days that includes the three items in paragraphs (e)(1)(i)(A) through(C) of this section. (A) A statement of what caused the deviation. (B) A description of actions taken to ensure that a qualified operator is accessible. (C) The date when you anticipate that a qualified operator will be available. (ii) Submit a status report to the Administrator every 4 weeks that includes the three items in paragraphs (e)(1)(ii)(A) through (C) of this section. (A) A description of actions taken to ensure that a qualified operator is accessible. (B) The date when you anticipate that a qualified operator will be accessible. (C) Request for approval from the Administrator to continue operation of the SSI unit. (2) If your unit was shut down by the Administrator, under the provisions of § 62.15945(b)(2)(i), due to a failure to provide an accessible qualified operator, you must notify the Administrator within five days of meeting § 62.15945(b)(2)(ii) that you are resuming operation. (f) Notification of a force majeure. If a force majeure is about to occur, occurs, or has occurred for which you intend to assert a claim of force majeure: (1) You must notify the Administrator, in writing as soon as practicable following the date you first knew, or through due diligence, should have known that the event may cause or caused a delay in conducting a performance test beyond the regulatory deadline, but the notification must occur before the performance test deadline unless the initial force majeure PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 23431 or a subsequent force majeure event delays the notice, and in such cases, the notification must occur as soon as practicable. (2) You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in conducting the performance test beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which you propose to conduct the performance test. (g) Other notifications and reports required. You must submit other notifications as provided by § 60.7 and as follows: (1) You must notify the Administrator 1 month before starting or stopping use of a continuous monitoring system for determining compliance with any emission limit. (2) You must notify the Administrator at least 30 days prior to any performance test conducted to comply with the provisions of this subpart, to afford the Administrator the opportunity to have an observer present. (3) As specified in § 62.16015(a)(8), you must notify the Administrator at least 7 days prior to the date of a rescheduled performance test for which notification was previously made in paragraph (g)(2) of this section. (h) Report submission form. (1) Submit initial, annual and deviation reports electronically or in paper format, postmarked on or before the submittal due dates. (2) Submit performance tests and evaluations according to paragraphs (i) and (ii) below. (i) Within 60 days after the date of completing each performance test (see § 60.8) required by this subpart, you must submit the results of the performance test according to the method specified by either paragraph (A) or (B) of this section. (A) For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT Web site (https://www.epa.gov/ttn/chief/ert/ index.html), you must submit the results of the performance test to the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/ epa_home.asp), unless the Administrator approves another approach. Performance test data must be submitted in a file format generated through the use of the EPA’s ERT. If you claim that some of the performance test information being transmitted is confidential business information (CBI), E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 23432 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules you must submit a complete file generated through the use of the EPA’s ERT, including information claimed to be CBI, on a compact disk, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to the EPA via CDX as described earlier in this paragraph. (B) For any performance tests conducted using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. (ii) Within 60 days after the date of completing each CEMS performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation according to the method specified by either paragraph (A) or (B) of this section. (A) For data collection of relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT Web site, you must submit the results of the performance evaluation to the CEDRI that is accessed through the EPA’s CDX, unless the Administrator approves another approach. Performance evaluation data must be submitted in a file format generated through the use of the EPA’s ERT. If you claim that some of the performance evaluation information being transmitted is CBI, you must submit a complete file generated through the use of the EPA’s ERT, including information claimed to be CBI, on a compact disk or other commonly used electronic storage media (including, but not limited to, flash drives) by registered letter to the EPA. The compact disk shall be clearly marked as CBI and mailed to U.S. EPA/ OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to the EPA via CDX as described earlier in this paragraph. (B) For any performance evaluations with RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site, you shall submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 60.4. (3) Changing report dates. If the Administrator agrees, you may change the semiannual or annual reporting VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 dates. See § 60.19(c) for procedures to seek approval to change your reporting date. Title V Operating Permits § 62.16035 Am I required to apply for and obtain a Title V operating permit for my existing SSI unit? Yes, if you are subject to an applicable EPA-approved and effective CAA section 111(d)/129 state or tribal plan or an applicable and effective Federal Plan, you are required to apply for and obtain a Title V operating permit for your existing SSI unit unless you meet the relevant requirements for an exemption specified in § 62.15860. § 62.16040 When must I submit a Title V permit application for my existing SSI unit? (a) If your existing SSI unit is not subject to an earlier permit application deadline, a complete title V permit application must be submitted on or before the earlier of the dates specified in paragraphs (a)(1) through (3) of this section. (See sections 129(e), 503(c), 503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i)). (1) 12 months after the effective date of any applicable EPA-approved Clean Air Act section 111(d)/129 state or tribal plan. (2) 12 months after the effective date of any applicable Federal Plan. (3) March 21, 2014. (b) For any existing unit not subject to an earlier permit application deadline, the application deadline of 36 months after the promulgation of 40 CFR part 60, subpart MMMM applies regardless of whether or when any applicable Federal Plan is effective, or whether or when any applicable Clean Air Act section 111(d)/129 state or tribal plan is approved by the EPA and becomes effective. (c) If your existing unit is subject to title V as a result of some triggering requirement(s) other than those specified in paragraphs (a) and (b) of this section (for example, a unit may be a major source or part of a major source), then your unit may be required to apply for a title V permit prior to the deadlines specified in paragraphs (a) and (b). If more than one requirement triggers a source’s obligation to apply for a title V permit, the 12-month time frame for filing a title V permit application is triggered by the requirement which first causes the source to be subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).) PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 (d) A ‘‘complete’’ title V permit application is one that has been determined or deemed complete by the relevant permitting authority under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). You must submit a complete permit application by the relevant application deadline in order to operate after this date in compliance with federal law. (See sections 503(d) and 502(a) of the Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).) Definitions § 62.16045 What definitions must I know? Terms used but not defined in this subpart are defined in the Clean Air Act and § 60.2. Administrator means: (1) For units covered by the Federal Plan, the Administrator of the EPA or his/her authorized representative (e.g. delegated authority). (2) For units covered by an approved state plan, the director of the state air pollution control agency or his/her authorized representative. Affected source means a sewage sludge incineration unit as defined in § 62.16045. Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding. Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil or diesel fuel. Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance or other principle to monitor relative particulate matter loadings. Bypass stack means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. Calendar year means 365 consecutive days starting on January 1 and ending on December 31. Continuous automated sampling system means the total equipment and procedures for automated sample collection and sample recovery/analysis to determine a pollutant concentration or emission rate by collecting a single integrated sample(s) or multiple integrated sample(s) of the pollutant (or E:\FR\FM\27APP3.SGM 27APP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules diluent gas) for subsequent on- or offsite analysis; integrated sample(s) collected are representative of the emissions for the sample time as specified by the applicable requirement. Continuous emissions monitoring system means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility. Continuous monitoring system (CMS) means a continuous emissions monitoring system, continuous automated sampling system, continuous parameter monitoring system or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis as defined by this subpart. The term refers to the total equipment used to sample and condition (if applicable), to analyze and to provide a permanent record of emissions or process parameters. Continuous parameter monitoring system means a monitoring system for continuously measuring and recording operating conditions associated with air pollution control device systems (e.g., operating temperature, pressure and power). Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limit, operating limit, or operator qualification and accessibility requirements. (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans. Electrostatic precipitator or wet electrostatic precipitator means an air pollution control device that uses both electrical forces and, if applicable, water to remove pollutants in the exit gas from a sewage sludge incinerator stack. Existing sewage sludge incineration unit means a sewage sludge incineration unit the construction of which is commenced on or before October 14, 2010. Fabric filter means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse. Fluidized bed incinerator means an enclosed device in which organic matter and inorganic matter in sewage sludge VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 are combusted in a bed of particles suspended in the combustion chamber gas. Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Modification means a change to an existing SSI unit later than September 21, 2011 and that meets one of two criteria: (1) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the SSI unit (not including the cost of land) updated to current costs (current dollars). To determine what systems are within the boundary of the SSI unit used to calculate these costs, see the definition of SSI unit. (2) Any physical change in the SSI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section 129 or section 111 of the Clean Air Act has established standards. Modified sewage sludge incineration unit means an existing SSI unit that undergoes a modification, as defined in this section. Multiple hearth incinerator means a circular steel furnace that contains a number of solid refractory hearths and a central rotating shaft; rabble arms that are designed to slowly rake the sludge on the hearth are attached to the rotating shaft. Dewatered sludge enters at the top and proceeds downward through the furnace from hearth to hearth, pushed along by the rabble arms. Operating day means a 24-hour period between 12:00 midnight and the following midnight during which any amount of sewage sludge is combusted at any time in the SSI unit. Particulate matter means filterable particulate matter emitted from SSI units as measured by Method 5 at 40 CFR part 60, appendix A–3 or Methods 26A or 29 at 40 CFR part 60, appendix A–8. Power input to the electrostatic precipitator means the product of the test-run average secondary voltage and the test-run average secondary amperage to the electrostatic precipitator collection plates. Process change means a significant permit revision, but only with respect to those pollutant-specific emission units for which the proposed permit revision is applicable, including but not limited to: PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 23433 (1) A change in the process employed at the wastewater treatment facility associated with the affected SSI unit (e.g., the addition of tertiary treatment at the facility, which changes the method used for disposing of process solids and processing of the sludge prior to incineration). (2) A change in the air pollution control devices used to comply with the emission limits for the affected SSI unit (e.g., change in the sorbent used for activated carbon injection). Sewage sludge means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incineration unit or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge feed rate means the rate at which sewage sludge is fed into the incinerator unit. Sewage sludge incineration (SSI) unit means an incineration unit combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter. Sewage sludge incineration unit designs include fluidized bed and multiple hearth. AN SSI unit also includes, but is not limited to, the sewage sludge feed system, auxiliary fuel feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The SSI unit includes all ash handling systems connected to the bottom ash handling system. The combustion unit bottom ash system ends at the truck loading station or similar equipment that transfers the ash to final disposal. The SSI unit does not include air pollution control equipment or the stack. Shutdown means the period of time after all sewage sludge has been combusted in the primary chamber. Solid waste means any garbage, refuse, sewage sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point E:\FR\FM\27APP3.SGM 27APP3 23434 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014). Standard conditions, when referring to units of measure, means a temperature of 68 °F (20 °C) and a pressure of 1 atmosphere (101.3 kilopascals). Startup means the period of time between the activation, including the firing of fuels (e.g., natural gas or distillate oil), of the system and the first feed to the unit. Toxic equivalency means the product of the concentration of an individual dioxin isomer in an environmental mixture and the corresponding estimate of the compound-specific toxicity relative to tetrachlorinated dibenzo-pdioxin, referred to as the toxic equivalency factor for that compound. Table 5 to this subpart lists the toxic equivalency factors. Wet scrubber means an add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquid to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases. You means the owner or operator of an affected SSI unit. Delegation of Authority § 62.16050 What authorities will be retained by the EPA Administrator? The authorities that will not be delegated to state, local, or tribal agencies are specified in paragraphs (a) through (g) of this section. (a) Approval of alternatives to the emission limits and standards in Tables 2 and 3 to this subpart and operating limits established under § 62.15965 or § 62.15985. (b) Approval of major alternatives to test methods. (c) Approval of major alternatives to monitoring. (d) Approval of major alternatives to recordkeeping and reporting. (e) The requirements in § 62.15965. (f) The requirements in § 62.15945(b)(2). (g) Performance test and data reduction waivers under § 60.8(b). TABLE 1 TO SUBPART LLL OF PART 62—INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDULES FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS Comply with these increments of progress By these dates Increment 1—Submit final control plan. Increment 2—Final compliance ...... [DATE 3 MONTHS FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. March 21, 2016. TABLE 2 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING FLUIDIZED BED SEWAGE SLUDGE INCINERATION UNITS You must meet this emission limit a Using these averaging methods and minimum sampling volumes or durations And determining compliance using this method Particulate matter .... 18 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run). Hydrogen chloride ... 0.51 parts per million by dry volume .... 64 parts per million by dry volume ...... Dioxins/furans (total mass basis); or Dioxins/furans (toxic equivalency basis).b Mercury ................... 1.2 nanograms per dry standard cubic meter (total mass basis); or 0.10 nanograms per dry standard cubic meter (toxic equivalency basis). 3-run average (Collect a minimum volume of 1 dry standard cubic meters per run). 3-run average (collect sample for a minimum duration of one hour per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Performance test (Method 5 at 40 CFR part 60, appendix A–3; Method 26A or Method 29 at 40 CFR part 60, appendix A–8). Performance test (Method 26A at 40 CFR part 60, appendix A–8). Carbon monoxide .... mstockstill on DSK4VPTVN1PROD with PROPOSALS3 For the air pollutant Oxides of nitrogen ... 150 parts per million by dry volume ..... Sulfur dioxide .......... 15 parts per million by dry volume ....... VerDate Sep<11>2014 0.037 milligrams per dry standard cubic meter. 19:25 Apr 24, 2015 Jkt 235001 PO 00000 Frm 00034 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008),c collect a minimum volume of 1 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A–8). 3-run average (Collect sample for a minimum duration of one hour per run). 3-run average (For Method 6, collect a minimum volume of 60 liters per run. For Method 6C, collect sample for a minimum duration of one hour per run). Fmt 4701 Sfmt 4702 E:\FR\FM\27APP3.SGM Performance test (Method 10, 10A, or 10B at 40 CFR part 60, appendix A– 4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). Performance test (Method 29 at 40 CFR part 60, appendix A–8; Method 30B at 40 CFR part 60, appendix A– 8; or ASTM D6784–02 (Reapproved 2008).c Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 6 or 6C at 40 CFR part 40, appendix A–4; or ANSI/ASME PTC–19.10–1981.c 27APP3 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 23435 TABLE 2 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING FLUIDIZED BED SEWAGE SLUDGE INCINERATION UNITS—Continued For the air pollutant You must meet this emission limit a Using these averaging methods and minimum sampling volumes or durations And determining compliance using this method Cadmium ................. 0.0016 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Lead ........................ 0.0074 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run). Fugitive emissions from ash handling. Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period. Three 1-hour observation periods ........ Performance test (Method 29 at 40 CFR part 60, appendix A–8). Use GFAAS or ICP/MS for the analytical finish. Performance test (Method 29 at 40 CFR part 60, appendix A–8. Use GFAAS or ICP/MS for the analytical finish. Visible emission test (Method 22 of appendix A–7 of this part). a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions. have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis. c Incorporated by reference, see § 60.17. b You TABLE 3 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING MULTIPLE HEARTH SEWAGE SLUDGE INCINERATION UNITS You must meet this emission limit a Using these averaging methods and minimum sampling volumes or durations And determining compliance using this method Particulate matter .... 80 milligrams per dry standard cubic meter. 3-run average (collect a minimum volume of 0.75 dry standard cubic meters per run). Hydrogen chloride ... 1.2 parts per million by dry volume ...... 3,800 parts per million by dry volume .. Dioxins/furans (total mass basis). Dioxins/furans (toxic equivalency basis).b Mercury ................... 5.0 nanograms per dry standard cubic meter; or. 0.32 nanograms per dry standard cubic meter. 3-run average (For Method 26, collect a minimum volume of 200 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meters per run). 3-run average (collect sample for a minimum duration of one hour per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Performance test (Method 5 at 40 CFR part 60, appendix A–3; Method 26A or Method 29 at 40 CFR part 60, appendix A–8). Performance test (Method 26 or 26A at 40 CFR part 60, appendix A–8). Carbon monoxide .... Oxides of nitrogen ... 220 parts per million by dry volume ..... Sulfur dioxide .......... mstockstill on DSK4VPTVN1PROD with PROPOSALS3 For the air pollutant 26 parts per million by dry volume ....... Cadmium ................. 0.095 milligrams per dry standard cubic meter. Lead ........................ 0.30 milligrams per dry standard cubic meter. VerDate Sep<11>2014 0.28 milligrams per dry standard cubic meter. 19:25 Apr 24, 2015 Jkt 235001 PO 00000 Frm 00035 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008),c collect a minimum volume of 1 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A–8). 3-run average (Collect sample for a minimum duration of one hour per run). 3-run average (For Method 6, collect a minimum volume of 200 liters per run. For Method 6C, collect sample for a minimum duration of one hour per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Fmt 4701 Sfmt 4702 E:\FR\FM\27APP3.SGM Performance test (Method 10, 10A, or 10B at 40 CFR part 60, appendix A– 4). Performance test (Method 23 at 40 CFR part 60, appendix A–7). Performance test (Method 29 at 40 CFR part 60, appendix A–8; Method 30B at 40 CFR part 60, appendix A– 8; or ASTM D6784–02 (Reapproved 2008).c Performance test (Method 7 or 7E at 40 CFR part 60, appendix A–4). Performance test (Method 6 or 6C at 40 CFR part 40, appendix A–4; or ANSI/ASME PTC 19.10–1981.c Performance test (Method 29 at 40 CFR part 60, appendix A–8). Performance test (Method 29 at 40 CFR part 60, appendix A–8. 27APP3 23436 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules TABLE 3 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING MULTIPLE HEARTH SEWAGE SLUDGE INCINERATION UNITS—Continued For the air pollutant You must meet this emission limit a Fugitive emissions from ash handling. Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period. Using these averaging methods and minimum sampling volumes or durations And determining compliance using this method Three 1-hour observation periods ........ Visible emission test (Method 22 of appendix A–7 of this part). a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions. have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis. c Incorporated by reference, see § 60.17. b You TABLE 4 TO SUBPART LLL OF PART 62—OPERATING PARAMETERS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS a And monitor using these minimum frequencies You must establish these operating limits For these operating parameters Data measurement Data recording b Data averaging period for compliance All sewage sludge incineration units Combustion chamber operating temperature (not required if afterburner temperature is monitored). Fugitive emissions from ash handling .......... Minimum combustion chamber operating temperature or afterburner temperature. Site-specific operating requirements. Continuous ... Every 15 minutes ..... 12-hour block. Not applicable. No applicable ........... Not applicable. Continuous ... Continuous ... Continuous ... Every 15 minutes ..... Every 15 minutes ..... Every 15 minutes ..... 12-hour block. 12-hour block. 3-hour block. Scrubber Pressure drop across each wet scrubber .... Scrubber liquid flow rate ............................... Scrubber liquid pH ........................................ Minimum pressure drop ................ Minimum flow rate ........................ Minimum pH .................................. Fabric Filter Alarm time of the bag leak detection system alarm. Maximum alarm time of the bag leak detection system alarm (this operating limit is provided in § 60.4850 and is not established on a site-specific basis). Electrostatic precipitator Secondary voltage of the electrostatic precipitator collection plates. Secondary amperage of the electrostatic precipitator collection plates. Effluent water flow rate at the outlet of the electrostatic precipitator. Minimum power input to the electrostatic precipitator collection plates. Continuous ... Hourly ....................... 12-hour block. Minimum effluent water flow rate at the outlet of the electrostatic precipitator. Hourly ........... Hourly ....................... 12-hour block. Hourly ........... Hourly ....................... 12-hour block. Continuous ... Every 15 minutes ..... 12-hour block. Continuous ... Every 15 minutes ..... 12-hour block. Activated carbon injection Mercury sorbent injection rate ...................... Dioxin/furan sorbent injection rate ................ mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Carrier gas flow rate or carrier gas pressure drop. Minimum mercury sorbent injection rate. Minimum dioxin/furan sorbent injection rate. Minimum carrier gas flow rate or minimum carrier gas pressure drop. Afterburner Temperature of the afterburner combustion chamber. Minimum temperature of the afterburner combustion chamber. a As specified in § 62.15985, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing certain operating limits. b This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages. VerDate Sep<11>2014 19:25 Apr 24, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\27APP3.SGM 27APP3 23437 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules TABLE 5 TO SUBPART LLL OF PART 62—TOXIC EQUIVALENCY FACTORS Toxic equivalency factor Dioxin/Furan isomer 2,3,7,8-tetrachlorinated dibenzo-p-dioxin ............................................................................................................................................ 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ........................................................................................................................................ 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin .................................................................................................................................. octachlorinated dibenzo-p-dioxin ......................................................................................................................................................... 2,3,7,8-tetrachlorinated dibenzofuran .................................................................................................................................................. 2,3,4,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 1,2,3,7,8-pentachlorinated dibenzofuran ............................................................................................................................................. 1,2,3,4,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 1,2,3,6,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 1,2,3,7,8,9-hexachlorinated dibenzofuran ........................................................................................................................................... 2,3,4,6,7,8-hexachlorinated dibenzofuran ........................................................................................................................................... 1,2,3,4,6,7,8-heptachlorinated dibenzofuran ....................................................................................................................................... 1,2,3,4,7,8,9-heptachlorinated dibenzofuran ....................................................................................................................................... octachlorinated dibenzofuran ............................................................................................................................................................... 1 1 0.1 0.1 0.1 0.01 0.0003 0.1 0.3 0.03 0.1 0.1 0.1 0.1 0.01 0.01 0.0003 TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS a Due date Contents Increments of progress report No later than 10 business days after the compliance date for the increment. Initial compliance report .......... No later than 60 days following the initial performance test. Annual compliance report ........ mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Report No later than 12 months following the submission of the initial compliance report; subsequent reports are to be submitted no more than 12 months following the previous report. 1. Final control plan including air pollution control device descriptions, process changes, type of waste to be burned, and the maximum design sewage sludge burning capacity. 2. Notification of any failure to meet an increment of progress. 3. Notification of any closure. 1. Company name and address ................. 2. Statement by a responsible official, with that official’s name, title, and signature, certifying the accuracy of the content of the report. 3. Date of report. 4. Complete test report for the initial performance test. 5. Results of CMS b performance evaluation. 6. The values for the site-specific operating limits and the calculations and methods used to establish each operating limit. 7. Documentation of installation of bag leak detection system for fabric filter. 8. Results of initial air pollution control device inspection, including a description of repairs. 9. The site-specific monitoring plan required under § 62.15995. 10. The site-specific monitoring plan for your ash handling system required under § 62.15995. 1. Company name and address. 2. Statement and signature by responsible official. 3. Date and beginning and ending dates of report. 4. If a performance test was conducted during the reporting period, the results of the test, including any new operating limits and associated calculations and the type of activated carbon used, if applicable. VerDate Sep<11>2014 20:12 Apr 24, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\27APP3.SGM Reference 27APP3 § 62.16030(a). § 62.16030(b). § 62.16030(c) 23438 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS a—Continued Report mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Deviation report (deviations from emission limits, emission standards, or operating limits, as specified in § 62.16030(e)(1)). VerDate Sep<11>2014 20:12 Apr 24, 2015 Due date Contents By August 1 of a calendar year for data collected during the first half of the calendar year; by February 1 of a calendar year for data collected during the second half of the calendar year. Jkt 235001 PO 00000 Frm 00038 Fmt 4701 Reference 5. For each pollutant and operating parameter recorded using a CMS, the highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable. 6. If no deviations from emission limits, emission standards, or operating limits occurred, a statement that no deviations occurred. 7. If a fabric filter is used, the date, time, and duration of alarms.. 8. If a performance evaluation of a CMS was conducted, the results, including any new operating limits and their associated calculations. 9. If you met the requirements of § 62.16000(a)(3) and did not conduct a performance test, include the dates of the last three performance tests, a comparison to the 50 percent emission limit threshold of the emission level achieved in the last three performance tests, and a statement as to whether there have been any process changes. 10. Documentation of periods when all qualified SSI unit operators were unavailable for more than 8 hours but less than 2 weeks. 11. Results of annual pollutions control device inspections, including description of repairs. 12. If there were no periods during which your CMSs had malfunctions, a statement that there were no periods during which your CMSs had malfunctions. 13. If there were no periods during which your CMSs were out of control, a statement that there were no periods during which your CMSs were out of control. 14. If there were no operator training deviations, a statement that there were no such deviations. 15. Information on monitoring plan revisions, including a copy of any revised monitoring plan. If using a CMS: 1. Company name and address. 2. Statement by a responsible official. 3. The calendar dates and times your unit deviated from the emission limits or operating limits. 4. The averaged and recorded data for those dates. 5. Duration and cause of each deviation. 6. Dates, times, and causes for monitor downtime incidents. 7. A copy of the operating parameter monitoring data during each deviation and any test report that documents the emission levels. 8. For periods of CMS malfunction or when a CMS was out of control, you must include the information specified in § 62.16030(d)(3)(viii). If not using a CMS:. 1. Company name and address. 2. Statement by a responsible official. 3. The total operating time of each affected SSI. Sfmt 4702 E:\FR\FM\27APP3.SGM 27APP3 § 62.16030(d). Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 23439 TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS a—Continued Report Due date Contents Notification of qualified operator deviation (if all qualified operators are not accessible for 2 weeks or more). Within 10 days of deviation ........................ Notification of status of qualified operator deviation. Every 4 weeks following notification of deviation. Notification of resumed operation following shut down (due to qualified operator deviation and as specified in § 62.15945(b)(2)(i). Notification of a force majeure Within five days of obtaining a qualified operator and resuming operation. Notification of intent to start or stop use of a CMS. Notification of intent to conduct a performance test. Notification of intent to conduct a rescheduled performance test. a This As soon as practicable following the date you first knew, or through due diligence should have known that the event may cause or caused a delay in conducting a performance test beyond the regulatory deadline; the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification must occur as soon as practicable. 1 month before starting or stopping use of a CMS. At least 30 days prior to the performance test. At least 7 days prior to the date of a rescheduled performance test. Reference 4. The calendar dates and times your unit deviated from the emission limits, emission standard, or operating limits. 5. The averaged and recorded data for those dates. 6. Duration and cause of each deviation. 7. A copy of any performance test report that showed a deviation from the emission limits or standards. 8. A brief description of any malfunction, a description of actions taken during the malfunction to minimize emissions, and corrective action taken. 1. Statement of cause of deviation ............ § 62.16030(e). 2. Description of actions taken to ensure that a qualified operator will be available. 3. The date when a qualified operator will be accessible. 1. Description of actions taken to ensure § 62.16030(e). that a qualified operator is accessible. 2. The date when you anticipate that a qualified operator will be accessible. 3. Request for approval to continue operation. 1. Notification that you have obtained a § 62.16030(e). qualified operator and are resuming operation. 1. Description of the force majeure event .. § 62.16030(f). 2. Rationale for attributing the delay in conducting the performance test beyond the regulatory deadline to the force majeure. 3. Description of the measures taken or to be taken to minimize the delay. 4. Identification of the date by which you propose to conduct the performance test. 1. Intent to start or stop use of a CMS ...... 1. Intent to conduct a performance test to comply with this subpart. 1. Intent to conduct a rescheduled performance test to comply with this subpart. table is only a summary, see the referenced sections of the rule for the complete requirements. means continuous monitoring system. b CMS [FR Doc. 2015–08777 Filed 4–24–15; 8:45 am] mstockstill on DSK4VPTVN1PROD with PROPOSALS3 BILLING CODE 6560–50–P VerDate Sep<11>2014 20:12 Apr 24, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4701 Sfmt 9990 E:\FR\FM\27APP3.SGM 27APP3 § 62.16030(g).

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Pages 23401-23439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08777]

[[Page 23401]]

Vol. 80

Monday,

No. 80

April 27, 2015

Part III

Environmental Protection Agency

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40 CFR Part 62

Federal Plan Requirements for Sewage Sludge Incineration Units
Constructed on or Before October 14, 2010; Proposed Rule

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

[[Page 23402]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2012-0319; FRL-9923-62-OAR]
RIN 2060-AR77

Federal Plan Requirements for Sewage Sludge Incineration Units
Constructed on or Before October 14, 2010

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On March 21, 2011, the Environmental Protection Agency (EPA)
issued emissions standards for new and existing sewage sludge
incineration units (SSI). This action proposes that existing SSI units
implement the emission guidelines (EG) adopted on March 21, 2011, in
states that do not have an approved state plan implementing the EG in
place by March 21, 2012. This Federal Plan will result in emissions
reductions of certain pollutants from all affected units.

DATES: Comments. Comments must be received on or before June 11, 2015.
Public Hearing. If anyone contacts the EPA by May 7, 2015
requesting to speak at a public hearing, the EPA will hold a public
hearing on May 12, 2015.

ADDRESSES: Submit your comments on the Federal Plan requirements
proposed rule, identified by Docket ID No. EPA-HQ-OAR-2012-0319, by one
of the following methods:
Federal Rulemaking Portal: www.regulations.gov: Follow the
online instructions for submitting comments.
Email: a-and-r-Docketa@epa.gov, Attention Docket ID No.
EPA-HQ- OAR-2012-0319.
Facsimile: Fax your comments to (202) 566-9744, Attention
Docket ID No. EPA-HQ-OAR-2012-0319.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2012-0319. We request that a separate copy also be sent to the contact
person identified below (see FOR FURTHER INFORMATION CONTACT).
Hand Delivery: Deliver your comments to: EPA Docket Center
(EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2012-0319.
Such deliveries are accepted only during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays) and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments on the Federal Plan requirements
proposed rule to Docket ID No. EPA-HQ-OAR-2012-0319. The EPA's policy
is that all comments received will be included in the public docket and
may be made available online at www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption and be free
of any defects or viruses.
Public Hearing: If a public hearing is held, it will be held at the
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC. Contact Ms. Virginia Hunt at (919) 541-0832, to request a
hearing, to request to speak at a public hearing or to determine if a
hearing will be held. If no one contacts the EPA requesting to speak at
a public hearing concerning this proposed rule by May 7, 2015, a public
hearing will not be held. If a hearing is held, it will provide
interested parties the opportunity to present data, views or arguments
concerning the proposed action. The EPA will make every effort to
accommodate all speakers who arrive and register. Because this hearing,
if held, will be at U.S. government facilities, individuals planning to
attend the hearing should be prepared to show valid picture
identification to the security staff in order to gain access to the
meeting room. Please note that the REAL ID Act, passed by Congress in
2005, established new requirements for entering federal facilities. If
your driver's license is issued by Alaska, American Samoa, Arizona,
Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New
York, Oklahoma or the state of Washington, you must present an
additional form of identification to enter the federal building.
Acceptable alternative forms of identification include: Federal
employee badges, passports, enhanced driver's licenses and military
identification cards. In addition, you will need to obtain a property
pass for any personal belongings you bring with you. Upon leaving the
building, you will be required to return this property pass to the
security desk. No large signs will be allowed in the building, cameras
may only be used outside of the building and demonstrations will not be
allowed on federal property for security reasons.
The EPA may ask clarifying questions during the oral presentations,
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing. Commenters
should notify Ms. Hunt if they will need specific equipment, or if
there are other special needs related to providing comments at the
hearings. Verbatim transcripts of the hearing and written statements
will be included in the docket for the rulemaking. The EPA will make
every effort to follow the schedule as closely as possible on the day
of the hearing; however, please plan for the hearing to run either
ahead of schedule or behind schedule. All details regarding a public
hearing if one is held will be posted on our Web site at https://www.epa.gov/ttn/atw/129/ssi/ssipg.html. The hearing will be cancelled
without further notice.
Docket: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2012-0319. The EPA has previously established
a docket for the March 21, 2011, original sewage sludge incinerator
(SSI) new source performance standards (NSPS) and emissions guidelines
(EG) under Docket ID No. EPA-HQ-OAR-2009-0559. All documents in the
docket are listed in the www.regulations.gov index. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, will be publicly
available only in hard copy form.

[[Page 23403]]

Publicly available docket materials are available either electronically
at www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC,
EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-0964; fax number: (919) 541-3470;
email address: hambrick.amy@epa.gov.

SUPPLEMENTARY INFORMATION:
Acronyms and Abbreviations.The following acronyms and abbreviations
are used in this document.

7-PAH 7-Polycyclic Aromatic Hydrocarbons
ACI Activated Carbon Injection
AG Attorney General
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
CAA Clean Air Act
CBI Confidential Business Information
Cd Cadmium
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CEMS Continuous Emissions Monitoring Systems
CFR Code of Federal Regulations
CO Carbon Monoxide
Cr Chromium
EG Emission Guidelines
EJ Environmental Justice
ERT Electronic Reporting Tool
ESP Electrostatic Precipitators
FB Fluidized Bed
FF Fabric Filter
HAP Hazardous Air Pollutants
HCl Hydrogen Chloride
Hg Mercury
ISTDMS Integrated Sorbent Trap Dioxin Monitoring System
ISTMMS Integrated Sorbent Trap Mercury Monitoring System
Mg/dscm Milligrams per Dry Standard Cubic Meter
MH Multiple Hearth
Mn Manganese
NAICS North American Industrial Classification System
Ng/dscm Nanograms per Dry Standard Cubic Meter
Ni Nickel
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PCB Polychlorinated Biphenyls
PCDD/PCDF Polychlorinated Dibenzo-P-Dioxins and Polychlorinated
Dibenzofurans
PM Particulate Matter
PPM Parts per Million
PPMV Parts per Million by Volume
PPMDV Parts per Million of Dry Volume
PRA Paperwork Reduction Act
PS Performance Specifications
RFA Regulatory Flexibility Act
SBA Small Business Administration
SO2 Sulfur Dioxide
SSI Sewage Sludge Incineration
TEF Toxicity Equivalence Factor
TEQ Toxicity Equivalence
The Court U.S. Court of Appeals for the District of Columbia Circuit
TMB Total Mass Basis
TPY Tons per Year
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act of 1995
VCS Voluntary Consensus Standards
WWW World Wide Web

Organization of This Document. The following outline is provided to
aid in locating information in this preamble.

I. General Information
A. Does the proposed action apply to me?
B. What should I consider as I prepare my comments?
II. Background Information
A. What is the regulatory development background for this
proposed rule?
B. What is the purpose of this proposed rule?
C. What is the status of state plan submittals?
III. Affected Facilities
A. What is a sewage sludge incinerator?
B. Does the Federal Plan apply to me?
C. How do I determine if my SSI is covered by an approved and
effective state plan?
IV. Elements of the SSI Federal Plan
A. Legal Authority and Enforcement Mechanism
B. Inventory of Affected SSI
C. Inventory of Emissions
D. Compliance Schedules
E. Emissions Limits and Operating Limits
F. Operator Training and Qualification Requirements
G. Testing, Monitoring, Recordkeeping and Reporting Requirements
H. Record of Public Hearings
I. Progress Reports
J. Affirmative Defense to Malfunctions
V. Summary of Proposed SSI Federal Plan Requirements
A. What are the proposed applicability requirements?
B. What are the proposed compliance schedules?
C. What are the proposed emissions limits and operating limits?
D. What are the proposed performance testing and monitoring
requirements?
E. What are the proposed recordkeeping and reporting
requirements?
F. What other requirements is the EPA proposing?
VI. SSI That Have or Will Shut Down
A. Units That Plan To Close Rather Than Comply
B. Inoperable Units
C. SSI That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan and Retained Authorities
C. Mechanisms for Transferring Authority
D. Implementing Authority
VIII. Title V Operating Permits
A. Title V and Delegation of a Federal Plan
IX. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Environmental Justice Considerations
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does the proposed action apply to me?

Regulated Entities. If you own or operate an existing SSI and are
not already subject to an EPA-approved and effective state plan
implementing the March 21, 2011, emissions guidelines (EG), you may be
covered by this proposed action. Existing SSI are those that commenced
construction on or before October 14, 2010. Regulated categories and
entities include those that operate SSI. Although there is no specific
North American Industry Classification System (NAICS) code for SSI,
these units may be operated by wastewater treatment facilities designed
to treat domestic sewage sludge. The following NAICS codes could apply
as shown in Table 1 below:

[[Page 23404]]

Table 1--Examples of Potentially Regulated Entities
----------------------------------------------------------------------------------------------------------------
Category NAICS code Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Solid waste combustors and incinerators.. 562213 Municipalities with SSI units.
Sewage treatment facilities.............. 221320 .....................................................
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
general guide for identifying entities likely to be affected by the
proposed action. To determine whether your facility would be affected
by this action, you should examine the applicability criteria in 40 CFR
62.15855 to 62.15870 of subpart LLL being proposed today. If you have
any questions regarding the applicability of this action to a
particular entity, contact the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments?

1. Submitting CBI
Do not submit information that you consider to be CBI
electronically through www.regulations.gov or email. Send or deliver
information identified as CBI to only the following address:
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2012-0319.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI on a disk or CD-ROM that you mail to the EPA, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information marked as CBI will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2.
If you have any questions about CBI or the procedures for claiming
CBI, please consult the person identified in the FOR FURTHER
INFORMATION CONTACT section.
2. Docket. The docket number for the proposed action regarding the
SSI Federal Plan (40 CFR part 62, subpart LLL) is Docket ID No. EPA-HQ-
OAR-2012-0319.
3. World Wide Web (WWW). In addition to being available in the
docket, an electronic copy of the proposed action is available on the
WWW through the Technology Transfer Network (TTN) Web site. Following
signature, the EPA will post a copy of the proposed action at https://www.epa.gov/airtoxics/129/ssi/ssipg.html. The TTN provides information
and technology exchange in various areas of air pollution control.
Additional information is also available at the same Web site.
4. Solicitation of Comments
The EPA is aware of concerns regarding the 40 CFR 62.16015
provision requiring the SSI to operate at a minimum of 85 percent of
the maximum permitted capacity during testing. We are specifically
soliciting comments and additional data on whether the 85 percent
threshold warrants a revision due to operational limitations or other
factors.

II. Background Information

A. What is the regulatory development background for this proposed
rule?

Section 129 of the Clean Air Act (CAA), titled, ``Solid Waste
Combustion,'' requires the EPA to develop and adopt standards for solid
waste incineration units pursuant to CAA sections 111 and 129. On March
21, 2011, the EPA promulgated NSPS and EG for SSI units located at
wastewater treatment facilities designed to treat domestic sewage
sludge. See 76 FR 15372. Codified at 40 CFR part 60, subparts LLLL and
MMMM, these final rules set limits for nine pollutants under section
129 of the CAA: cadmium (Cd), carbon monoxide (CO), hydrogen chloride
(HCl), lead (Pb), mercury (Hg), nitrogen oxides (NOX),
particulate matter (PM), polychlorinated dibenzo-p-dioxins and
polychlorinated dibenzofurans (PCDDs/PCDFs), and sulfur dioxide
(SO2).
Sections 111(b) and 129(a) of the CAA address emissions from new
units (i.e., NSPS), and CAA sections 111(d) and 129(b) address
emissions from existing units (i.e., EG). The NSPS are directly
enforceable federal regulations, and, under CAA section 129(f)(1),
become effective 6 months after promulgation. Unlike the NSPS, the EG
are not themselves directly enforceable.
Section 129(b)(2) of the CAA directs states with existing SSI
subject to the EG to submit plans to the EPA that implement and enforce
the EG. The deadline for states to submit state plans to the EPA for
review was March 21, 2012.\1\ Sections 111 and 129(b)(3) of the CAA and
40 CFR 60.27(c) and (d) require the EPA to develop, implement and
enforce a Federal Plan for SSI in any state without an approvable state
plan within 2 years after promulgation of the EG. This action proposes
the SSI Federal Plan.
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\1\ Several states did not submit plans to the EPA by this date.
---------------------------------------------------------------------------

On August 20, 2013, the U.S. Court of Appeals for the District of
Columbia Circuit (the Court) remanded portions of the 2011 SSI rules
for further explanation. National Ass'n. of Clean Water Agencies v.
EPA, 734 F.3d 1115. The Court did not vacate the NSPS or EG, and,
therefore, the requirements of the rules remain in place. The EPA is
evaluating the Court's decision and intends to address the Court's
remand in a timely manner. However, the court's remand requires EPA to
provide additional explanation of several aspects of its MACT floor
calculations in the SSI rule, and the Agency's response to the decision
may require further evaluation of those calculations. In the meantime,
the agency believes it is appropriate to propose the Federal Plan at
this time because the SSI rule remains in place following the Court's
decision and the federal plan is needed to implement the rule in states
without an approved state plan. In this proposal, the EPA is soliciting
public comment only on the implementation of the SSI EG through the
proposed Federal Plan. The EPA will not address comments on the
underlying SSI rule.

B. What is the purpose of this proposed rule?

Section 129 of the CAA relies upon states as the preferred
implementers of EG for existing SSI. States with existing SSI are to
submit to the EPA within 1 year following promulgation of the EG state
plans that are at least as protective as the EG. The EPA must develop,
implement and enforce a Federal Plan within 2 years following
promulgation of the EG for sources in states which have not submitted
an approvable plan. The Federal Plan is an interim measure to ensure
that emissions standards are implemented until states assume their

[[Page 23405]]

role as the preferred implementers of the EG.
States without any existing SSI are directed to submit to the
Administrator a letter of negative declaration certifying that there
are no SSI in the state. No plan is required for states that do not
have any SSI. SSI located in states that mistakenly submit a letter of
negative declaration would be subject to the Federal Plan until a state
plan covering those SSI becomes approved. State plans that have been
submitted to implement the EG adopted on March 21, 2011, are currently
undergoing EPA review. This action proposes the SSI Federal Plan to
implement the EG adopted on March 21, 2011, for those states that did
not have an approved state plan in place by March 21, 2012.
Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require
the EPA to develop, implement and enforce a Federal Plan to cover
existing SSI located in states that do not have an approved plan within
2 years after promulgation of the EG (by March 21, 2013). The EPA is
proposing the SSI Federal Plan now so that a promulgated Federal Plan
will go into place for any such states, and, thus, ensuring
implementation and enforcement of the SSI EG.
Incineration of sewage sludge causes the release of a wide array of
air pollutants, some of which exist in the waste feed material and are
released unchanged during combustion, and some of which are generated
as a result of the combustion process itself.\2\ The EPA estimated in
the 2011 rule that once the state plans and Federal Plan become
effective, a total emissions reduction of the regulated pollutants
would occur as follows: Acid gases (i.e., HCl and SO2) about
450 tons per year (TPY), PM about 58 TPY, non-mercury metals (i.e., Pb
and Cd) about 1.7 TPY and Hg about 4 pounds per year. The EPA also
estimated that air pollution control devices installed to comply with
the 2011 rule would also effectively reduce emissions of pollutants
such as 7-Polycyclic Aromatic Hydrocarbons (7-PAH), chromium (Cr),
manganese (Mn), nickel (Ni), and polychlorinated biphenyls (PCB).
---------------------------------------------------------------------------

\2\ See 76 FR 51371-51375, 51396-51399 and 51399-51400 to
reference the regulatory background, summary of final rule changes
and impacts of the EG adopted on March 21, 2011.
---------------------------------------------------------------------------

C. What is the status of state plan submittals?

Sections 111(d) and 129(b)(3) of the CAA, 42 U.S.C. 7411(d) and
7429(b)(3), authorize and require the EPA to develop and implement a
Federal Plan for SSI located in states with no approved and effective
state plan. The status of the state plans as of this proposal is
outlined in the following table.

Table 2--Status of State Plans
------------------------------------------------------------------------
Status States
------------------------------------------------------------------------
I. States with EPA-Approved State Plans Indiana.
II. States Anticipated to Submit Huntsville, Alabama; Jefferson
Negative Declarations to the EPA. County, Alabama; Kentucky;
Jefferson County, Kentucky;
Mississippi; Tennessee;
Montana; Pima County, Arizona;
Pinal County, Arizona; Hawaii;
Washoe County, Nevada;
American Samoa; Guam; Oregon.
III. Negative Declaration Submitted/EPA Maine; Vermont; District of
Approved. Columbia; Delaware;
Philadelphia County,
Pennsylvania; West Virginia;
Alabama; Arkansas; City of
Albuquerque, New Mexico; New
Mexico; Oklahoma; Texas;
Nebraska; Colorado; North
Dakota; South Dakota; Wyoming
Arizona; Idaho.
IV. Final State Plans Submitted to the New York; Florida; Georgia;
EPA. South Carolina.
V. Draft States Plans Submitted to the Puerto Rico; Virginia;
EPA. Missouri.
VI. States from which the EPA has not Rhode Island; Virgin Islands;
received a draft or final plan or Huntsville, Alabama; Jefferson
negative declaration. County, Alabama; Kentucky;
Jefferson County, Kentucky;
Mississippi; North Carolina;
Forsyth County, North
Carolina; Mecklenburg County,
North Carolina; Buncombe
County, North Carolina;
Tennessee; Minnesota;
Louisiana; Iowa; Kansas; Utah;
Montana; Pima County, Arizona;
Pinal County, Arizona;
California; Hawaii; Washoe
County, Nevada; American
Samoa; Guam; Alaska; Oregon;
Washington.
VII. States Anticipated to Accept Connecticut; Massachusetts; New
Delegation of Federal Plan. Hampshire; New Jersey;
Maryland; Pennsylvania;
Allegheny County,
Pennsylvania; Illinois;
Michigan; Ohio; Wisconsin;
Maricopa County, Arizona;
Nevada; Clark County, Nevada.
------------------------------------------------------------------------

The preamble of the final Federal Plan will list states that have
an EPA-approved plan in effect on the date the final Federal Plan is
signed by the EPA Administrator. As Regional Offices approve state
plans, they will also, in the same action, amend the appropriate
subpart of 40 CFR part 62 to codify their approvals.
The EPA will maintain a list of state plan submittals and approvals
on the TTN Air Toxics Web site at https://www.epa.gov/airtoxics/129/ssi/ssipg.html. The list will help SSI owners or operators determine
whether their SSI is affected by a state plan or the Federal Plan.
Sewage sludge incinerator owners and operators can also contact the
EPA Regional Office for the state in which their SSI is located to
determine whether there is an approved and effective state plan in
place. Table 3 lists the names, email addresses and telephone numbers
of the EPA Regional Office contacts and the states and protectorates
that they cover.

Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
Region Regional contact Phone States and protectorates
----------------------------------------------------------------------------------------------------------------
Region I...................... Patrick Bird, (617) 918-1287 Connecticut, Massachusetts,
bird.patrick@epa.gov. Maine, New Hampshire, Rhode
Island, Vermont.
Region II..................... Ted Gardella, (212) 637-3892 New York, New Jersey, Puerto
gardella.anthony@epa.gov. Rico, Virgin Islands.

[[Page 23406]]

Region III.................... Mike Gordon, (215) 814-2039 Virginia, Delaware, District
gordon.mike@epa.gov. of Columbia, Maryland,
Pennsylvania, West Virginia.
Region IV..................... Stan Kukier, (404) 562-9046 Florida, Georgia, North
Kukier.stan@epa.gov.. Carolina, Alabama, Kentucky,
Mississippi, South Carolina,
Tennessee.
Region V...................... Margaret Sieffert, (312) 353-1151 Minnesota, Wisconsin,
sieffert.margaret@epa.gov. Illinois, Indiana, Michigan,
Ohio.
Region VI..................... Steve Thompson, (214) 665-2769 Arkansas, Louisiana, New
thompson.steve@epa.gov. Mexico, Oklahoma, Texas.
Region VII.................... Lisa Hanlon, (913) 551-7599 Iowa, Kansas, Missouri,
hanlon.lisa@epa.gov. Nebraska.
Region VIII................... Kendra Morrison, (303) 312-6145 Colorado, Montana, North
Morrison.kendra@epa.gov. Dakota, South Dakota, Utah,
Wyoming.
Region IX..................... Joseph Lapka, (415) 947-4226 Arizona, California, Hawaii,
lapka.joseph@epa.gov. Nevada, American Samoa,
Guam, Northern Mariana
Islands.
Region X...................... Heather Valdez, (206) 553-6220 Alaska, Idaho, Oregon,
valdez.heather@epa.gov. Washington.
----------------------------------------------------------------------------------------------------------------

III. Affected Facilities

A. What is a sewage sludge incinerator?

The term ``SSI'' means any unit \3\ that combusts any amount of
sewage sludge located at a wastewater treatment facility designed to
treat domestic sewage sludge, as defined in 40 CFR part 62, subpart
LLL. The affected facility is each individual SSI unit. The Federal
Plan defines two subcategories for existing SSI units in 40 CFR part
62.16045 of subpart LLL: Multiple hearth (MH) incinerators and
fluidized bed (FB) incinerators.
---------------------------------------------------------------------------

\3\ An SSI unit is an enclosed device or devices using
controlled flame combustion that burns sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible
matter. An SSI unit also includes, but is not limited to, the sewage
sludge feed system, auxiliary fuel feed system, grate system, flue
gas system, waste heat recovery equipment, if any, and bottom ash
system. The SSI unit includes all ash handling systems connected to
the bottom ash handling system. The combustion unit bottom ash
system ends at the truck loading station or similar equipment that
transfers the ash to final disposal. The SSI unit does not include
air pollution control equipment or the stack. 40 CFR 60.5250.
---------------------------------------------------------------------------

The combustion of sewage sludge that is not burned in an SSI unit
located at a wastewater treatment facility designed to treat domestic
sewage sludge may be subject to other standards under the CAA.

B. Does the Federal Plan apply to me?

The Federal Plan would apply to the owner or operator of an
affected SSI unit and the device is not covered by an approved and
effective state plan as of March 21, 2012. The Federal Plan would cover
SSI until the EPA approves a state plan that covers SSI and that plan
becomes effective.
If the construction of an SSI unit began on or before October 14,
2010, it would be considered an existing SSI and could be subject to
the Federal Plan. If the construction of an SSI unit began after
October 14, 2010, or modification of an SSI unit began after September
21, 2011, it would be considered a new SSI and would be subject to the
NSPS.
Any existing SSI would be subject to this Federal Plan, if, on the
effective date of the Federal Plan, the EPA has not approved a state
plan implementing the EG that covers an SSI unit or the EPA-approved
state plan has not become effective. The specific applicability of the
proposed Federal Plan is described in 40 CFR 62.15855 through 62.15870
of subpart LLL. The Federal Plan would become effective 30 days after
final promulgation.
Once an approved state plan is in effect, the Federal Plan would no
longer apply to SSI covered by an approved state plan. An approved
state plan is a plan developed by a state that the EPA has reviewed and
approved based on the requirements in 40 CFR part 60, subpart B, to
implement 40 CFR part 60, subpart MMMM. The state plan is effective on
the date specified in the notice published in the Federal Register
announcing the EPA's approval of the plan.
The EPA's promulgation of an SSI Federal Plan will not preclude
states from submitting a plan. If a state submits a plan after the
promulgation of the SSI Federal Plan, the EPA will review and approve
or disapprove the state plan. If the EPA approves a plan, then the SSI
Federal Plan no longer applies to SSI covered by the state plan. If an
SSI were overlooked by a state and the state submitted a negative
declaration letter, or if an individual SSI were not covered by an
approved and effective state plan, the SSI would be subject to this
Federal Plan.

C. How do I determine if my SSI is covered by an approved and effective
state plan?

Part 62 of Title 40 of the CFR identifies the status of approval
and promulgation of CAA section 111(d) and CAA section 129 state plans
for designated facilities in each state. However, 40 CFR part 62 is
updated only once per year. Thus, if 40 CFR part 62 does not indicate
that your state has an approved and effective plan, you should contact
your state environmental agency's air director or your EPA Regional
Office (see Table 3 in section II.C of this preamble) to determine if
approval occurred since publication of the most recent version of 40
CFR part 62.

IV. Elements of the SSI Federal Plan

The basic elements of the Federal Plan include: (1) Identification
of legal authority and mechanisms for implementation; (2) inventory of
SSI; (3) emissions inventory; (4) compliance schedules; (5) emissions
limits and operating limits; (6) operator training and qualification;
(7) testing, monitoring, recordkeeping and reporting; (8) public
hearing; and (9) progress reporting. See 40 CFR part 62, subparts LLL
and sections 111 and 129 of the CAA. Below, we explain the proposed
Federal Plan elements in detail.

A. Legal Authority and Enforcement Mechanism

Section 301(a) of the CAA provides the EPA with broad authority to
write regulations that carry out the functions of the CAA. Sections
111(d) and 129(b)(3) of the CAA direct the EPA to develop a Federal
Plan for states that do not submit approvable state plans. Sections 111
and 129 of the CAA provide the EPA with the authority to implement and
enforce the Federal Plan in cases where the state fails to submit a
satisfactory state plan. Section 129(b)(3) of the CAA requires the EPA
to develop, implement and enforce a Federal Plan within 2 years after
the date the relevant EG are promulgated (by March 21, 2013, for the
2011 SSI

[[Page 23407]]

EG). Compliance with the EG cannot be later than 5 years after the
relevant EG are promulgated (by March 21, 2016, for the 2011 SSI EG).

B. Inventory of Affected SSI

In Docket No. EPA-HQ-OAR-2012-0319, today's proposed Federal Plan
includes an inventory of the SSI that may potentially be covered by
this Federal Plan in the absence of approved state plans. (See 40 CFR
62.15870.) This inventory contains 185 SSI in 25 states. It is based on
information collected from EPA Regions, states, SSI facilities, and
review of existing SSI inventories, Title V permits, emissions test
reports and facility Web sites. The EPA recognizes that this list may
not be complete. Therefore, sources potentially subject to this
proposed Federal Plan may include, but are not limited to, the SSI
listed in Docket No. EPA-HQ-OAR-2012-0319. Any SSI that meets the
applicability criteria in the proposed Federal Plan rule would be
subject to the Federal Plan, regardless of whether it is listed in the
inventory. States or individuals are invited to identify additional
sources for inclusion to the list during the comment period for this
proposal.

C. Inventory of Emissions

This proposed Federal Plan includes an emissions estimate for
existing SSI. The pollutants inventoried are Cd, CO, PCDD/PCDF, HCl,
Pb, Hg, PM, NOX and SO2. For this proposal, the
EPA has estimated the emissions from each known SSI that potentially
may be covered by the proposed Federal Plan for the nine pollutants
regulated by the EG and covered by the proposed Federal Plan.
The emissions inventory is based on available information about the
SSI and typical emissions rates developed for calculating nationwide
air impacts of the EG. Refer to the inventory memorandum in Docket No.
EPA-HQ-OAR-2012-0319 for the complete updated emissions inventory.We
are soliciting comments on additional data regarding the emission
inventory for existing SSI.

D. Compliance Schedules

Owners or operators of affected SSI units must comply within 1 year
from state plan approval or, in the case of the Federal Plan, within 1
year of promulgation of the Federal Plan. Increments of progress are
required for SSI that need more than 1 year from state plan approval to
comply, or, in the case of the Federal Plan, more than 1 year after
promulgation of the final Federal Plan. (See 40 CFR 62.15875 through
62.15915.) The two proposed increments of progress are included to
ensure that each SSI needing more time to comply is making progress
toward meeting the emissions limits.
The proposed Federal Plan includes defined and enforceable dates
for completion of each increment. These increments of progress are: (1)
Submit final control plan; and (2) final compliance.

E. Emissions Limits and Operating Limits

The proposed Federal Plan contains emissions limits that correspond
to the 2011 SSI rule. (See 40 CFR 62.15955 through 62.16010.) The
emissions limits in this proposed SSI Federal Plan are the same as
those contained in the 2011 EG. (See proposed Table 5 of this
preamble.)This action does not revise these limits. It is only intended
to implement these limits for existing sources in states that have not
adopted a state plan. Section V.B of this preamble discusses these
emissions limits.

F. Operator Training and Qualification Requirements

The proposed Federal Plan requires that the owner or operator must
qualify operators or their supervisors (at least one per facility) by
ensuring that they complete an operator training course and annual
review or refresher course. (See 40 CFR 62.15920 through 62.15950.)
Today's proposed Federal Plan also contains operator training and
qualification requirements that correspond to the 2011 EG.

G. Testing, Monitoring, Recordkeeping and Reporting Requirements

The proposed Federal Plan includes testing, monitoring,
recordkeeping and reporting requirements. (See 40 CFR 62.16015 through
62.16040.) These proposed requirements correspond with the 2011 EG.
Testing, monitoring, recordkeeping and reporting requirements will
assure initial and ongoing compliance.

H. Record of Public Hearings

Today's proposed Federal Plan provides opportunity for public
participation in adopting the plan. If requested to do so, the EPA will
hold a public hearing in Research Triangle Park, NC. A record of the
public hearing, if any, will appear in Docket No. EPA-HQ-OAR-2012-0319.
If a public hearing is requested and held, the EPA may ask clarifying
questions during the oral presentation, but will not respond to the
presentations or comments at that time. Written statements and
supporting information submitted during the public comment period will
be considered with equivalent weight as any oral statement and
supporting information subsequently presented at a public hearing, if
held.

I. Progress Reports

Today's proposed Federal Plan requests that the EPA Regional
Offices prepare annual progress reports to show the progress of SSI
toward implementation of the EG. States that have been delegated the
authority to implement and enforce this Federal Plan would be required
to submit annual progress reports to the appropriate EPA Regional
Office.
Each progress report must include the following items: (1) Status
of enforcement actions; (2) status of increments of progress; (3)
identification of sources that have shut down or started operation; (4)
emissions inventory data for sources that were not in operation at the
time of plan development but that began operation during the reporting
period; (5) additional data as necessary to update previously submitted
source and emissions information; and (6) copies of technical reports
on any performance testing and monitoring.

J. Affirmative Defense to Malfunctions

The proposed Federal Plan does not include an affirmative defense
to malfunction events. In the 2011 SSI rule, the EPA included an
affirmative defense which provided that civil penalties would not be
assessed if a source demonstrated in a judicial or administrative
proceeding that it had met certain requirements.
However in 2014, the Court vacated such an affirmative defense in
one of the EPA's CAA section 112(d) regulations. NRDC v. EPA, 749 F.3d
1055 (D.C. Cir. 2014) (vacating affirmative defense provisions in CAA
section 112(d) rule establishing emission standards for Portland cement
kilns). The Court found that the EPA lacked authority to establish an
affirmative defense for private civil suits and held that under the
CAA, the authority to determine civil penalty amounts lies exclusively
with the Courts, not the EPA. Specifically, the Court found: ``As the
language of the statute makes clear, the courts determine, on a case-
by-case basis, whether civil penalties are `appropriate.' '' See NRDC
at 1063 (``U]nder this statute, deciding whether penalties are
`appropriate' in a given private civil suit is a job for the courts,
not EPA.''). In light of NRDC, the EPA's proposed Federal Plan for the
SSI rule does not include the affirmative defense

[[Page 23408]]

provision. The EPA intends to revise the SSI rule and remove the
affirmative defense provision from the rule in the near future.

V. Summary of Proposed SSI Federal Plan Requirements

The proposed SSI Federal Plan requirements are described below.
Table 4 lists each element and identifies where it is located or
codified.

Table 4--Elements of the Proposed SSI Federal Plan
----------------------------------------------------------------------------------------------------------------
Element of the SSI Federal
Plan Location
----------------------------------------------------------------------------------------------------------------
Legal authority and Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA.
enforcement mechanism.
Inventory of affected SSI Docket ID No. EPA-HQ-OAR-2012-0319.
units.
Inventory of emissions....... Docket ID No. EPA-HQ-OAR-2012-0319.
Compliance schedules......... 40 CFR 62.15875 to 62.15915.
Emissions limits and 40 CFR 62.15955 to 62.16010.
operating limits.
Operator training and 40 CFR 62.15920 to 62.15950.
qualification.
Testing, monitoring, 40 CFR 62.16015 to 62.16040.
recordkeeping and reporting.
Record of public hearings.... Docket ID No. EPA-HQ-OAR-2012-0319.
Progress reports............. Section V.B. of this preamble.
----------------------------------------------------------------------------------------------------------------

A. What are the proposed applicability requirements?

The proposed Federal Plan applicability reflects the 2011 EG. The
proposed Federal Plan applies to existing SSI units meeting the
applicability of 40 CFR 62.15855 that are located in any state that
does not currently have an approved state plan in place. Existing SSI
are considered to be all SSI units for which construction commenced on
or before October 14, 2010. All SSI units for which construction
commenced after October 14, 2010, or for which modification commenced
after September 21, 2011, are considered ``new'' sources subject to
NSPS emissions limits (40 CFR part 60, subpart LLLL).
The Federal Plan requirements apply to owners and/or operators of
SSI units (as defined in 40 CFR 62.16045) located at wastewater
treatment facilities designed to treat domestic sewage sludge. Two
subcategories are defined for existing units: MH incinerators and FB
incinerators. The combustion of sewage sludge that is not burned in an
SSI unit located at a wastewater treatment facility designed to treat
domestic sewage sludge may be subject to other incineration standards.

B. What are the proposed compliance schedules?

Today's proposed Federal Plan requires owners or operators of SSI
to either: (1) Come into compliance with the plan within 1 year after
the plan is promulgated; or (2) meet increments of progress and come
into compliance by March 21, 2016. Increments of progress are necessary
in order to ensure that SSI needing more time to comply are making
progress toward meeting the emissions limits and will be in compliance
by the required date. This proposed Federal Plan includes two
increments of progress (See 40 CFR 62.15875 through 62.15915), along
with defined and enforceable dates for completion of each increment.
The SSI owner or operator must meet each of the two increments of
progress for each SSI no later than the applicable compliance date for
each increment. In addition, the owner or operator must notify the EPA
and permitting authority or delegated authority as each increment of
progress is achieved, as well as when any is missed. The notification
must identify the increment and the date the increment is achieved (or
missed). If an owner or operator misses an increment deadline, the
owner or operator must also notify the EPA and permitting authority or
delegated authority when the increment is achieved. The owner or
operator must mail the notification to the applicable EPA Regional
Office and permitting authority or delegated authority within 10
business days after the increment date that is defined in the Federal
Plan. (See Table 3 under section II.C.of this preamble for a list of
EPA Regional Offices.)
The definition of each increment of progress, along with its
required completion date, follows.
Submit Final Control Plan. To meet this increment, the owner or
operator of each SSI must submit a plan that includes a description of
the devices for air pollution control and process changes that will be
used to comply with the emissions limits and standards and other
requirements of this subpart, a description of the type(s) of waste to
be burned (if other than sewage sludge is burned in the unit), the
maximum design sewage sludge burning capacity, and, if applicable, the
petition for site-specific operating limits under 40 CFR 62.15965. A
copy of the final control plan must be maintained onsite. A final
control plan is not required for units that will be shut down prior to
the final control plan submittal date.
Completion date: [3 months from date of publication of the final
rule in the Federal Register].
Final Compliance. To be in final compliance means to complete all
process changes and retrofit construction of control devices as
specified in the final control plan, so that if the SSI is brought
online, all necessary process changes and air pollution control devices
are operating as designed.
Completion date: March 21, 2016.
The EPA developed this schedule using the EPA guidance drafted for
enabling states to draft state plans and set increments of progress.
The 2010 State Implementation Guidance Document is available in this
rulemaking docket and through the EPA's TTN at https://www.epa.gov/ttnatw01/129/hmiwi/epa453b10001_hmiwi.pdf.
If an SSI does not achieve final compliance by March 21, 2016, the
proposed Federal Plan requires the SSI to shut down by March 21, 2016,
complete the retrofit while not operating and be in compliance upon
restarting. An SSI that operates out of compliance after the final
compliance date would be in violation of the Federal Plan and subject
to enforcement action.

C. What are the proposed emissions limits and operating limits?

This action proposes to incorporate the EG emissions and operating
limits into the SSI Federal Plan. Table 5 of this preamble summarizes
the EG emissions limits promulgated. Existing sources may comply with
either the PCDD/PCDF toxicity equibalance or total mass balance
emission limits. These standards apply at all times. Facilities will be
required to establish site-specific operating limits derived from the
results of performance testing. The site-specific operating limits are
established as the

[[Page 23409]]

minimum (or maximum, as appropriate) operating parameter value measured
during the performance test. These operating limits will result in
achievable operating ranges that will ensure that the control devices
used for compliance will be operated to achieve continuous compliance
with the emissions limits. Further discussion on performance testing
can be found in section V.D.of this preamble.

Table 5--Summary of EG Emissions Limits Promulgated For Existing SSI
----------------------------------------------------------------------------------------------------------------
Emission limit for MH Emission limit for FB
Pollutant Units incinerators incinerators
----------------------------------------------------------------------------------------------------------------
Cd................................. milligrams per dry standard 0.095................. 0.0016.
cubic meter @7 percent
Oxygen.
CO................................. parts per million of dry 3,800................. 64.
volume @7 percent Oxygen.
HCl................................ parts per million of dry 1.2................... 0.51.
volume @7 percent Oxygen.
Hg................................. mg/dscm @7% 02............. 0.28.................. 0.037.
NOX................................ parts per million of dry 220................... 150.
volume @7 percent Oxygen.
Pb................................. milligrams per dry standard 0.30.................. 0.0074.
cubic meter @7 percent
Oxygen.
PCDD/PCDF, TEQ..................... nanograms per dry standard 0.32.................. 0.10.
cubic meter @7 percent
Oxygen.
PCDD/PCDF, TMB..................... nanograms per dry standard 5.0................... 1.2.
cubic meter @7 percent
Oxygen.
PM................................. milligrams per dry standard 80.................... 18.
cubic meter @7 percent
Oxygen.
SO2................................ parts per million of dry 26.................... 15.
volume @7 percent Oxygen.
Fugitive emissions from ash Percent of the hourly Visible emissions of Visible emissions of
handling. observation period. combustion ash from combustion ash from
an ash conveying an ash conveying
system (including system (including
conveyor transfer conveyor transfer
points) for no more points) for no more
than 5 percent of any than 5 percent of any
compliance test compliance test
hourly observation hourly observation
period. period.
----------------------------------------------------------------------------------------------------------------

D. What are the proposed performance testing and monitoring
requirements?

The following paragraphs list a number of testing and monitoring
requirements in the 2011 EG that are proposed to be incorporated into
the SSI Federal Plan in today's action.
1. Performance Testing
The proposed performance testing provisions reflect those in the
SSI EG. First, today's proposed Federal Plan requires all existing SSI
units to demonstrate initial and annual compliance with the emission
limits using EPA-approved emission test methods. Additionally, there is
a proposed option for less frequent testing if sources demonstrate that
their emissions of regulated pollutants are below thresholds of the
emission limits.
This proposal requires initial and annual emissions performance
tests (or continuous emissions monitoring or continuous sampling as an
alternative), bag leak detection systems for fabric filter (FF)
controlled units, and continuous parameter monitoring, if they are used
to meet the emission limits. All SSI are also required to conduct
initial and annual inspections of air pollution control devices.
Additional monitoring includes the Method 22 (see 40 CFR part 60,
appendix A-7) visible emissions test of the ash handling operations
during each compliance test to demonstrate compliance with the visible
emissions limit. For existing SSI units, use of Cd, CO, HCl,
NOX, PM, Pb or SO2 Continuous Emissions
Monitoring Systems (CEMS); Integrated Sorbent Trap Mercury Monitoring
System (ISTMMS); and Integrated Sorbent Trap Dioxin Monitoring System
(ISTDMS) (continuous sampling with periodic sample analysis) are
approved alternatives to parametric monitoring and annual compliance
testing.
Second, today's proposed Federal Plan allows sources to use results
of their previous emissions tests to meet the initial compliance
performance test requirement if those tests were conducted within the 2
previous years and were conducted under the same conditions. The
operating limits established during the most recent performance test
that demonstrated initial compliance with the emissions limits must be
met.
Third, today's proposed Federal Plan incorporates by reference two
alternatives to the EPA reference test methods, ANSI/ASME PTC 19.10-
1981, Flue and Exhaust Gas Analyses and ASTM D6784-02, Standard Test
Method for Elemental, Oxidized, Particle Bound and Total Mercury
Generated from Coal-Fired Stationary sources (Ontario-Hydro Method).
These tests are discussed further in section IX.I.titled, ``National
Technology Transfer and Advancement Act (NTTAA),'' of this preamble.
2. Monitoring
Monitoring of operating limits can be used to indicate whether air
pollution control equipment and practices are functioning properly to
minimize air pollution. The 2011 EG and today's proposed Federal Plan
include the following parameter monitoring requirements for good
combustion, wet scrubbers, afterburners, electrostatic precipitators
(ESP), activated carbon injection (ACI) or FF:
All units must establish a minimum operating temperature
or afterburner temperature, site specific operating requirements for
fugitive ash, and monitor feed rate and moisture content of the sludge.
If using a scrubber to comply with the emissions limits
for PM, Pb and Cd, continuously monitor minimum pressure drop.
If using a scrubber to comply with any of the emissions
limits, continuously monitor minimum scrubber liquid flow rate.
If using a scrubber to comply with the emissions limits
for SO2 or HCl, continuously monitor minimum scrubber liquid
pH.
If using an afterburner to comply with the emissions
limits, continuously

[[Page 23410]]

monitor the minimum temperature of the afterburner combustion chamber.
If using an ESP to comply with PM, Pb and Cd emissions
limits, continuously monitor minimum power input to the ESP collection
plates. Power input must be calculated as the product of the secondary
voltage and secondary amperage to the ESP collection plates. Both the
secondary voltage and secondary amperage must be recorded during the
performance test.
If using an ESP to comply with PM, Pb and Cd emissions
limits, monitor hourly minimum effluent water flow rate at the outlet
of the ESP.
If using ACI to comply with the emissions limits, monitor
hourly minimum Hg sorbent inject rate, minimum PCDD/PCDF sorbent
injection rate, and continuously monitor minimum carrier gas flow rate
or minimum carrier gas pressure drop for the applicable emission limit.
If using a FF, install a bag leak detection system and
operate the bag leak detection system such that the alarm does not
sound more than 5 percent of the operating time during a 6-month
period.
If using something other than a wet scrubber, ESP, ACI, FF
or afterburner, petition the Administrator for other site-specific
operating parameters, operating limits, and averaging periods to be
established during the initial performance test and continuously
thereafter.
Owners or operators are not required to establish operating limits
for the operating parameters for a control device if a Continuous
Monitoring System (CMS) is used to demonstrate compliance with the
emissions limits.
3. Electronic Data Submittal
In this proposal, the EPA is describing a process to increase the
ease and efficiency of performance test data submittal while improving
data accessibility. Specifically, the EPA is proposing that owners and
operators of SSI facilities submit electronic copies of required
performance test and performance evaluation reports by direct computer-
to-computer electronic transfer using EPA-provided software. This
mirrors the 2011 EG for SSI units. The direct computer-to-computer
electronic transfer is accomplished through the EPA's Central Data
Exchange (CDX) using the Compliance and Emissions Data Reporting
Interface (CEDRI). The CDX is the EPA's portal for submittal of
electronic data. The EPA-provided software is called the Electronic
Reporting Tool (ERT) which is used to generate electronic reports of
performance tests and evaluations. The ERT generates an electronic
report package which will be submitted using the CEDRI. The submitted
report package will be stored in the CDX archive (the official copy of
record) and the EPA's public database called WebFIRE. All stakeholders
will have access to all reports and data in WebFIRE and accessing these
reports and data will be very straightforward and easy (see the WebFIRE
Report Search and Retrieval link at https://cfpub.epa.gov/webfire/index.cfm?action=fire.searchERTSubmission). A description and
instructions for use of the ERT can be found at https://www.epa.gov/ttn/chief/ert/ and CEDRI can be accessed through the CDX Web site
(www.epa.gov/cdx). A description of the WebFIRE database is available
at: https://cfpub.epa.gov/oarweb/index.cfm?action=fire.main.
The proposal to submit performance test data electronically to the
EPA applies only to those performance tests (and/or performance
evaluations) conducted using test methods that are supported by the
ERT. The ERT supports most of the commonly used EPA reference methods.
A listing of the pollutants and test methods supported by the ERT is
available at: https://www.epa.gov/ttn/chief/ert/.
Similarly described in the 2011 EG for SSI units, we believe that
industry would benefit from this proposed approach to electronic data
submittal. Specifically, by using this approach, industry will save
time in the performance test submittal process. Additionally, the
standardized format that the ERT uses allows sources to create a more
complete test report resulting in less time spent on data backfilling
if a source failed to include all data elements required to be
submitted. Also, through this proposal, industry may only need to
submit a report once to meet the requirements of the applicable subpart
because stakeholders can readily access these reports from the WebFIRE
database. This also benefits industry by reducing on recordkeeping
costs as the performance test reports that are submitted to the EPA
using CEDRI are no longer required to be retained in hard copy,
thereby, reducing staff time needed to coordinate these records.
Since the EPA will already have performance test data in hand,
another benefit to industry is that fewer or less substantial data
collection requests in conjunction with prospective required residual
risk assessments or technology reviews will be needed. This would
result in a decrease in staff time needed to respond to data collection
requests.
State, local and tribal air pollution control agencies may also
benefit from having electronic versions of the reports they are now
receiving. For example, state, local and tribal air pollution control
agencies may be able to conduct a more streamlined and accurate review
of electronic data submitted to them. For example, the ERT would allow
for an electronic review process, rather than a manual data assessment,
and, therefore, making review and evaluation of the source provided
data and calculations easier and more efficient. In addition, the
public will stand to benefit from electronic reporting of emissions
data because the electronic data will be easier for the public to
access. How the air emissions data are collected, accessed and reviewed
will be more transparent for all stakeholders.
One major advantage of the proposed submittal of performance test
data through the ERT is a standardized method to compile and store much
of the documentation required to be reported by this rule. The ERT
clearly states what testing information would be required by the test
method and has the ability to house additional data elements that might
be required by a delegated authority.
In addition, the EPA must have performance test data to conduct
effective reviews of CAA sections 111, 112 and 129 standards, as well
as for many other purposes including compliance determinations,
emission factor development and annual emission rate determinations. In
conducting these required reviews, the EPA has found it ineffective and
time consuming, for both EPA and regulatory agencies and source owners
and operators, to locate, collect and submit performance test data. In
recent years, though, stack testing firms have typically collected
performance test data in electronic format, making it possible to move
to an electronic data submittal system that would increase the ease and
efficiency of data submittal and improve data accessibility.
A common concern raised by industry and regulators is that emission
factors are outdated or not representative of a particular source
category. With timely receipt and incorporation of data from most
performance tests, the EPA would be able to ensure that emission
factors, when updated, represent the most current range of operational
practices. Finally, another benefit of the proposed data submittal to
WebFIRE electronically is that these data would greatly improve the
overall quality of existing and new emissions factors by supplementing
the pool of emissions

[[Page 23411]]

test data for establishing emissions factors.
In summary, in addition to supporting regulation development,
control strategy development and other air pollution control
activities, having an electronic database populated with performance
test data would save industry, state, local, tribal agencies and the
EPA significant time, money and effort while also improving the quality
of emission inventories and air quality regulations.

E. What are the proposed recordkeeping and reporting requirements?

Today's action proposes recordkeeping and reporting requirements
which reflect those finalized in the 2011 EG. Today's proposed Federal
Plan requires that records of all initial and all subsequent stack or
performance specification (PS) tests, deviation reports, operating
parameter data, continuous monitoring data, maintenance and inspections
of air pollution control devices, monitoring plan, and operator
training and qualification must be maintained for 5 years. The results
of the stack tests and PS test and values for operating parameters are
required to be included in initial and subsequent compliance reports.
Any incident of deviation, resumed operation following shutdown, force
majeure, intent to stop or start use of CMS, and intent of conducting
or rescheduling a performance test are required to be reported to the
Administrator. Furthermore, increments of progress reports are required
following the completion of each increment of progress and identifying
any missed increment of progress. See section V.B of this preamble for
a more detailed discussion of the increments of progress and compliance
schedules.

F. What other requirements is the EPA proposing?

This action proposes other requirements that reflect those
finalized in the 2011 EG. First, owners and operators of existing SSI
units are required to meet operator training and qualification
requirements, which include: Ensuring that at least one operator or
supervisor per facility complete the operator training course, that
qualified operator(s) or supervisor(s) complete an annual review or
refresher course specified in the regulation and that they maintain
plant-specific information, updated annually, regarding training.
Second, owners or operators of existing SSI are required to submit
a monitoring plan for any CMS or bag leak detection system used to
comply with the rule. Third, they must also submit a monitoring plan
for their ash handling system that specifies the operating procedures
they will follow to ensure that they meet the fugitive ash emissions
limit.

VI. SSI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

The proposed Federal Plan establishes that if owners or operators
plan to permanently close currently operating SSI, they must do so and
submit a closure notification to the Administrator by the date the
final control plan is due. The requirements for closing SSI unit rather
than complying with the rule under today's proposal will be set forth
at 40 CFR 62.15915 of subpart LLL. Until such time as a unit is
permanently closed, it must comply with any applicable requirements of
the Federal Plan.
If an SSI unit continues to operate 1 year after publication of the
final Federal Plan in the Federal Register, then it must comply with
all aspects of this Federal Plan by the date 1 year after publication
of the final action. In addition, while still in operation, the SSI
unit is subject to the same requirements for Title V operating permits
that apply to units that will not shut down.

B. Inoperable Units

Today's proposed Federal Plan provides that in cases where an SSI
has already shut down permanently and has been rendered inoperable
(e.g., waste charge door is welded shut, stack is removed, combustion
air blowers removed, burners or fuel supply appurtenances are removed,
the SSI may be left off the source inventory in a state plan or this
proposed Federal Plan. An SSI that has been rendered inoperable would
not be covered by the Federal Plan.

C. SSI That Have Shut Down

Today's Federal Plan proposal includes any SSI that are known to
have already shut down (but are not known to be inoperable) in the
source inventory . . .
1. Restarting Before the Final Compliance Date
If the owner or operator of an inactive SSI plans to restart before
the final compliance date, the owner or operator must meet the
increments of progress specified in the Federal Plan. Final compliance
is required for all pollutants and all SSI no later than the final
compliance date.
2. Restarting After the Final Compliance Date
Under this proposed Federal Plan, if the owner or operator of an
SSI closes the SSI unit, but restarts the unit after the final
compliance date, the owner or operator must complete emission control
retrofits and meet the emissions and operating limits on the date the
SSI unit restarts operation. Within 6 months of the unit startup,
operator(s) of these SSI would have to complete the operator training
and qualification requirements. Within 60 days of installing an air
pollution control device, operator(s) must conduct a unit inspection.
Performance testing to demonstrate initial compliance would also be
required as described at 40 CFR 62.15980. There is no need to show that
the increments of progress have been met since these steps would have
occurred before restart while the SSI was shut down and not generating
emissions. AN SSI that operates out of compliance after the final
compliance date would be in violation of the Federal Plan and subject
to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

Under sections 111(d) and 129(b) of the CAA, the EPA is required to
adopt EG that are applicable to existing solid waste incineration
units. These EG are fully implemented when the EPA approves a state
plan or adopts a Federal Plan that implements and enforces the EG. As
discussed above, the Federal Plan regulates SSI in states that do not
have approved plans in effect to implement the EG.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with state and local agencies.
(See section 101(a)(3) of the CAA.) Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved. Also, in section 111(d) of the
CAA, Congress explicitly required that the EPA establish procedures
that are similar to those under CAA section 110(c) for state
implementation plans. Although Congress required the EPA to propose and
promulgate a Federal Plan for states that fail to submit approvable
state plans on time, states may submit plans after promulgation of the
SSI Federal Plan. The EPA strongly encourages states that are unable to

[[Page 23412]]

submit approvable plans to request delegation of the Federal Plan so
that they can have primary responsibility for implementing the revised
EG, consistent with the intent of Congress.
Approved and effective state plans or delegation of the Federal
Plan is the EPA's preferred outcome because the EPA believes that
state, tribal, and local agencies not only have the responsibility to
carry out the revised EG, but also have the practical knowledge and
enforcement resources critical to achieving the highest rate of
compliance. It is generally preferable for the state and local agencies
to be the implementing agency. For these reasons, the EPA will do all
that it can to expedite delegation of the Federal Plan to state and
local agencies, whenever possible, in cases where states are unable to
develop and submit approvable state plans.

B. Delegation of the Federal Plan and Retained Authorities

If a state or tribe intends to take delegation of the Federal Plan,
the state or tribe should submit to the appropriate EPA Regional Office
a written request for delegation of authority. The state or tribe
should explain how it meets the criteria for delegation. See generally
``Good Practices Manual for Delegation of NSPS and NESHAP'' (EPA,
February 1983). The letter requesting delegation of authority to
implement the Federal Plan should: 1. demonstrate that the state or
tribe has adequate resources, as well as the legal and enforcement
authority to administer and enforce the program, 2. include an
inventory of affected SSI units, which includes those that have ceased
operation, but have not been dismantled, include an inventory of the
affected units' air emissions and a provision for state progress
reports to the EPA, 3. certify that a public hearing is held on the
state delegation request, and 4. include a memorandum of agreement
between the state or tribe and the EPA that sets forth the terms and
conditions of the delegation, the effective date of the agreement and
the mechanism to transfer authority. Upon signature of the agreement,
the appropriate EPA Regional Office would publish an approval notice in
the Federal Register, thereby incorporating the delegation of authority
into the appropriate subpart of 40 CFR part 62.
If authority is not delegated to a state or tribe, the EPA will
implement the Federal Plan. Also, if a state or tribe fails to properly
implement a delegated portion of the Federal Plan, the EPA will assume
direct implementation and enforcement of that portion. The EPA will
continue to hold enforcement authority along with the state or tribe
even when a state or tribe has received delegation of the Federal Plan.
In all cases where the Federal Plan is delegated, the EPA will retain
and will not transfer authority to a state or tribe to approve the
following items promulgated in the 2011 SSI rules:
1. Alternatives to the emissions limits in Table 5 of this
2. Approval of major alternatives to monitoring;
3. Approval of major alternatives to recordkeeping and reporting;
4. Alternative site-specific operating parameters established by
facilities using controls other than a scrubber, ESP, afterburner, ACI
or FF;
5. Approval of operation of an SSI unit and receipt of status
reports when a qualified operator is not accessible for 2 weeks or
more; and
6. Performance test and data reduction waivers under 40 CFR
60.8(b).
Today's proposed Federal Plan also specifies that SSI owners or
operators who wish to petition the agency for any alternative
requirement should submit a request to the Regional Administrator with
a copy sent to the appropriate state.

C. Mechanisms for Transferring Authority

There are two mechanisms for transferring implementation authority
to state, tribal, and local agencies: 1. The EPA approval of a state
plan after the Federal Plan is in effect; and 2. if a state does not
submit or obtain approval of its own plan, the EPA delegation to a
state of the authority to implement certain portions of this Federal
Plan to the extent appropriate and if allowed by state law. Both of
these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
After SSI in a state become subject to the Federal Plan, the state
or local agency may still adopt and submit a plan to the EPA. If the
EPA determines that the state plan is as protective as the EG, the EPA
will approve the state plan. If the EPA determines that the plan is not
as protective as the EG, the EPA will partially approve or disapprove
the plan (or portion of the plan) and the SSI covered in the state plan
would remain subject to the Federal Plan until a state plan covering
those SSI is approved and effective. Prior to disapproval, the EPA will
work with states to attempt to reconcile areas of the plan that remain
not as protective as the EG.
Upon the effective date of a state plan, the Federal Plan would no
longer apply to SSI covered by such a plan and the state or local
agency would implement and enforce the state plan in lieu of the
Federal Plan. When an EPA Regional Office approves a state plan, it
will amend the appropriate subpart of 40 CFR part 62 to indicate such
approval.
2. State Takes Delegation of the Federal Plan
The EPA, in its discretion, may delegate to state agencies the
authority to implement this Federal Plan. As discussed above, the EPA
believes that it is advantageous and the best use of resources for
state or local agencies to agree to undertake, on the EPA's behalf,
administrative and substantive roles in implementing the Federal Plan
to the extent appropriate and where authorized by state law. If a state
requests delegation, the EPA will generally delegate the entire Federal
Plan to the state agency. These functions include administration and
oversight of compliance reporting and recordkeeping requirements, SSI
inspections and preparation of draft notices of violation, but will not
include any authorities retained by the EPA. State agencies that have
taken delegation, as well as the EPA, will have responsibility for
bringing enforcement actions against sources violating Federal Plan
provisions.

D. Implementing Authority

The EPA Regional Administrators have been delegated the authority
for implementing the SSI Federal Plan. All reports required by the
Federal Plan should be submitted to the appropriate Regional
Administrator. Section II.C of this preamble includes Table 3 that
lists names and addresses of the EPA Regional Office contacts and the
states they cover.

VIII. Title V Operating Permits

All existing SSI units regulated under state or Federal Plans
implementing the 2011 EG must apply for and obtain a Title V permit.
These Title V operating permits assure compliance with all applicable
requirements for regulated SSI units, including all applicable CAA
section 129 requirements.\4\
---------------------------------------------------------------------------

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

The permit application deadline for a CAA section 129 source
applying for a Title V operating permit depends on when the source
first becomes subject to the relevant Title V permits program. For
example, if the SSI unit is an existing unit and is not subject to an
earlier permit application deadline, the source must submit a complete
Title V

[[Page 23413]]

permit application by the earliest of the following dates:
Twelve months after the effective date of any applicable
EPA-approved CAA sections 111(d)/129 plan (i.e., approved state or
tribal plan that implements the SSI EG); or
Twelve months after the effective date of any applicable
Federal Plan; or
Thirty-six months after promulgation of 40 CFR part 60,
subpart MMMM, i.e., March 21, 2014.
For any existing SSI unit not subject to an earlier permit
application deadline, the application deadline of March 21, 2014,
applies regardless of whether or when any applicable Federal Plan is
effective, or whether or when any applicable CAA sections 111(d)/129
plan is approved by the EPA and becomes effective. (See CAA sections
129(e), 503(c), 503(d), 502(a) and 40 CFR 70.5(a)(1)(i) and
71.5(a)(1)(i).)
If the SSI unit is subject to Title V as a result of some
triggering requirement(s) other than those mentioned above (for
example, an SSI unit may be a major source or part of a major source),
then the owner/operator of the source may be required to apply for a
Title V permit prior to the deadlines specified above. If more than one
requirement triggers a source's obligation to apply for a Title V
permit, the 12-month time frame for filing a Title V permit application
is triggered by the requirement which first causes the source to be
subject to Title V.\5\
---------------------------------------------------------------------------

\5\ CAA Section 503(c) and 40 CFR 70.3(a) and (b),
70.5(a)(1)(i), 71.3(a) and (b) and 71.5(a)(1)(i).
---------------------------------------------------------------------------

For more background information on the interface between CAA
section 129 and Title V, including the EPA's interpretation of CAA
section 129(e), as well as information on submitting Title V permit
applications, updating existing Title V permit applications and
reopening existing Title V permits, see the final Federal Plan for
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68
FR 57518, 57532). See also the final Federal Plan for Hospital Medical
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).

A. Title V and Delegation of a Federal Plan

As noted previously, issuance of a Title V permit is not equivalent
to the approval of a state plan or delegation of a Federal Plan.\6\
Legally, delegation of a standard or requirement results in a delegated
state or tribe standing in for the EPA as a matter of federal law. This
means that obligations a source may have to the EPA under a federally
promulgated standard become obligations to a state (except for
functions that the EPA retains for itself) upon delegation.\7\ Although
a state or tribe may have the authority under state or tribal law to
incorporate section 111/129 requirements into its Title V permits, and
implement and enforce these requirements in these permits without first
taking delegation of the section 111/129 Federal Plan, the state or
tribe is not standing in for the EPA as a matter of federal law in this
situation. Where a state or tribe does not take delegation of a section
111/129 Federal Plan, obligations that a source has to the EPA under
the Federal Plan continue after a Title V permit is issued to the
source. As a result, the EPA continues to maintain that an approved
part 70 operating permits program cannot be used as a mechanism to
transfer the authority to implement and enforce the Federal Plan from
the EPA to a state or tribe.
---------------------------------------------------------------------------

\6\ See, e.g., the ``Title V and Delegation of a Federal Plan''
section of the proposed Federal Plan for Commercial Industrial Solid
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652).
The preamble language from this section in the proposed Federal Plan
for CISWI was reaffirmed in the final Federal Plan for CISWI,
October 3, 2003 (68 FR 57518, 57535).
\7\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

As mentioned above, a state or tribe may have the authority under
state or tribal law to incorporate CAA section 111/129 requirements
into its Title V permits, and implement and enforce these requirements
in that context without first taking delegation of the CAA section 111/
129 Federal Plan.\8\ Some states or tribes, however, may not be able to
implement and enforce a CAA section 111/129 standard in a Title V
permit under state or tribal law until the CAA section 111/129 standard
has been delegated. In these situations, a state or tribe should not
issue a 40 CFR part 70 permit to a source subject to a Federal Plan
before taking delegation of the section 111/129 Federal Plan.
---------------------------------------------------------------------------

\8\ The EPA interprets the phrase ``assure compliance'' in CAA
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation or
requirement which must be included in the Title V permits the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------

However, if a state or tribe can provide an Attorney General's
(AG's) opinion delineating its authority to incorporate CAA section
111/129 requirements into its Title V permits, and then implement and
enforce these requirements through its Title V permits without first
taking delegation of the requirements, then a state or tribe does not
need to take delegation of the CAA section 111/129 requirements for
purposes of Title V permitting.\9\ In practical terms, without approval
of a state or tribal plan, delegation of a Federal Plan, or an adequate
AG's opinion, states and tribes with approved CFR 40 part 70 permitting
programs open themselves up to potential questions regarding their
authority to issue permits containing CAA section 111/129 requirements
and to assure compliance with these requirements. Such questions could
lead to the issuance of a notice of deficiency for a state's or tribe's
CFR 40 part 70 program. As a result, prior to a state or tribal
permitting authority drafting a part 70 permit for a source subject to
a CAA section 111/129 Federal Plan, the state or tribe, the EPA
Regional Office and source in question are advised to ensure that
delegation of the relevant Federal Plan has taken place or that the
permitting authority has provided to the EPA Regional Office an
adequate AG's opinion.
---------------------------------------------------------------------------

\9\ It is important to note that an attorney general's opinion
submitted at the time of initial Title V program approval is
sufficient if it demonstrates that a state or tribe has adequate
authority to incorporate CAA section 111/129 requirements into its
Title V permits and to implement and enforce these requirements
through its Title V permits without delegation.
---------------------------------------------------------------------------

In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a Federal Plan, a CAA section 111/
129 source subject to the Federal Plan in that state must
simultaneously submit to both the EPA and the state or tribe all
reports required by the standard to be submitted to the EPA. Given that
these reports are necessary to implement and enforce the CAA section
111/129 requirements when they have been included in Title V permits,
the permitting authority needs to receive these reports at the same
time as the EPA.
In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a Federal Plan, the EPA
Regional Offices will be responsible for implementing and enforcing
section CAA 111/129 requirements outside of any Title V permits.
Moreover, in this situation, the EPA Regional Offices will continue to
be responsible for developing progress reports and conducting any other
administrative functions required under this Federal Plan or any other
section CAA 111/129 Federal Plan. See, e.g., section V.B of this
preamble titled ``What are the proposed compliance schedules?''.
It is important to note that the EPA is not using its authority
under 40 CFR part 70.4(i)(3) to request that all states

[[Page 23414]]

and tribes which do not take delegation of this Federal Plan submit
supplemental AG's opinions at this time. However, the EPA Regional
Offices shall request, and permitting authorities shall provide, such
opinions when the EPA questions a state's or tribe's authority to
incorporate CAA section 111/129 requirements into a Title V permit and
implement and enforce these requirements in that context without
delegation.

IX. Statutory and Executive Order Reviews

Additional information about the Statutes and Executive Orders can
be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. This action simply proposes the SSI Federal Plan to implement
the EG adopted on March 21, 2011,\10\ for those states that do not have
a state plan implementing the emission guidelines.
---------------------------------------------------------------------------

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

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Emissions
guidelines for owners of existing sewage sludge incineration units were
established by the March 21, 2011, final rule and that rule was
certified as not having a significant economic impact on a substantial
number of small entities. This action merely establishes a Federal Plan
to implement and enforce those requirements in those states that do not
have their own EPA-approved state plan for implementing and enforcing
the requirements.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. Therefore, this
action imposes no enforceable duty or any state, local or tribal
government or the private sector.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states or on the distribution of
power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications, as specified in
Executive Order 13175. The EPA is not aware of any SSI owned or
operated by Indian tribal governments. Thus, Executive Order 13175 does
not apply to this proposed action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern health or safety risks, that EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Orders 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

This action involves technical standards that are reasonably
available and already widely used by industries and regulated parties.
The EPA proposes to use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust
Gas Analyses,'' for its manual methods of measuring the oxygen or
carbon dioxide content of the exhaust gas. These parts of ASME PTC
19.10-1981 are acceptable alternatives to EPA Methods 6, 7 for the
manual procedures only. This standard is available from the ASME, Three
Park Avenue, New York, NY 10016-5990.
Another voluntary consensus standards (VCS), ASTM D6784-02
(Reapproved 2008), ``Standard Test Method for Elemental, Oxidized,
Particle-Bound and Total Mercury Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro Method)'' is an acceptable
alternative to Method 29 and 30B. The EPA has also decided to use EPA
Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, l0B, 22, 23, 26A, 29 and 30B. No
VCS were found for EPA Method 9 and 22.
While the EPA has identified 23 VCS as being potentially applicable
to the proposed rule, we have decided not to use these VCS in this
rulemaking. The use of these VCS would be impractical because they do
not meet the objectives of the standards cited in this proposed rule.
See the docket for the 2011 EG (Docket ID No. EPA-HQ-OAR-2009-0539),
which is being implemented under today's proposed action, for the
reason for these determinations.
Under 40 CFR 62.16050, the EPA Administrator retains the authority
of approving alternate methods of demonstrating compliance as
established under 40 CFR 60.8(b) and 60.13(i), subpart A (NSPS General
Provisions). A source may apply to the EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any required EPA test methods, performance specifications or
procedures.
The EPA solicits comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable VCS and to explain why such standards should be used in this
regulation.

J. Environmental Justice Considerations

An analysis of demographic data was conducted for this rulemaking.
This analysis showed that the average of populations in close proximity
to the sources, and thus most likely to be effected by the sources,
were similar in demographic composition to national averages. The
results of the demographic analysis are presented in ``Review of
Environmental Justice Impacts,'' June 2010, a copy of which is
available in the SSI docket (EPA-HQ-OAR-2009-0559).

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This proposed action implements national
standards in the 2011 EG that would result in reduction in emissions of
many of the listed HAP emitted from this source. This includes
emissions of Cd, HCl, Pb, and Hg. Other emissions reductions include
reductions of criteria pollutants such as CO, NOX,

[[Page 23415]]

PM and PM2.5 and SO2. Sulfur dioxide and
NOX are precursors for the formation of PM2.5 and
NOX is a precursor for ozone. Reducing these emissions will
decrease the amount of such pollutants to which all affected
populations are exposed.

List of Subjects in 40 CFR Part 62

Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

Dated: April 7, 2015.
Gina McCarthy,
Administrator.

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

For the reasons stated in the preamble, Title 40, chapter I, part
62 of the Code of Federal Regulations (CFR) is proposed to be amended
as follows:

0
1. The authority citation for part 62 continues to read as follows:

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

0
2. Part 62 is amended by adding subpart LLL to read as follows:

Subpart LLL--Federal Plan Requirements for Sewage Sludge
Incineration Units Constructed on or Before October 14, 2010

Table of Contents

Sec.

Applicability

62.15855 Am I subject to this subpart?
62.15860 What SSI units are exempt from the Federal Plan?
62.15865 How do I determine if my SSI is covered by an approved and
effective State or Tribal plan?
62.15870 If my SSI is not listed on the Federal Plan inventory, am I
exempt from this subpart?

Compliance Schedules

62.15875 What is my final compliance date?
62.15880 When must I complete each increment of progress?
62.15885 What must I include in the notifications of achievement of
increments of progress?
62.15890 When must I submit the notifications of achievement of
increments of progress?
62.15895 What if I do not meet an increment of progress?
62.15900 How do I comply with the increment of progress for
submittal of a control plan?
62.15905 How do I comply with the increment of progress for
achieving final compliance?
62.15910 What must I do if I close my SSI unit and then restart it?
62.15915 What must I do if I plan to permanently close my SSI unit
and not restart it?

Operator Training and Qualification

62.15920 What are the operator training and qualification
requirements?
62.15925 When must the operator training course be completed?
62.15930 How do I obtain my operator qualification?
62.15935 How do I maintain my operator qualification?
62.15940 How do I renew my lapsed operator qualification?
62.15945 What if all the qualified operators are temporarily not
accessible?
62.15950 What site-specific documentation is required and how often
must it be reviewed by qualified operators and plant personnel?

Emission Limits, Emission Standards and Operating Limits and
Requirements

62.15955 What emission limits and standards must I meet and by when?
62.15960 What operating limits and requirements must I meet and by
when?
62.15965 How do I establish operating limits if I do not use a wet
scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some
other manner, to comply with the emission limits?
62.15970 Do the emission limits, emission standards, and operating
limits apply during periods of startup, shutdown, and malfunction?
62.15975 [Reserved]

Initial Compliance Requirements

62.15980 How and when do I demonstrate initial compliance with the
emission limits and standards?
62.15985 How do I establish my operating limits?
62.15990 By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?
62.15995 How do I develop a site-specific monitoring plan for my
continuous monitoring, bag leak detection, and ash handling systems,
and by what date must I conduct an initial performance evaluation?

Continuous Compliance Requirements

62.16000 How and when do I demonstrate continuous compliance with
the emission limits and standards?
62.16005 How do I demonstrate continuous compliance with my
operating limits?
62.16010 By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

Performance Testing, Monitoring, and Calibration Requirements

62.16015 What are the performance testing, monitoring, and
calibration requirements for compliance with the emission limits and
standards?
62.16020 What are the monitoring and calibration requirements for
compliance with my operating limits?

Recordkeeping and Reporting

62.16025 What records must I keep?
62.16030 What reports must I submit?

Title V Operating Permits

62.16035 Am I required to apply for and obtain a Title V operating
permit for my existing SSI unit?
62.16040 When must I submit a title V permit application for my
existing SSI unit?

Definitions

62.16045 What definitions must I know?

Delegation of Authority

62.16050 What authorities will be retained by the EPA Administrator?

Applicability

Sec. 62.15855 Am I subject to this subpart?
(a) You are subject to this subpart if your SSI unit meets all
three criteria described in paragraphs (a)(1) through (3) of this
section.
(1) You own or operate an SSI unit(s) that commenced construction
on or before October 14, 2010.
(2) You own or operate an SSI unit(s) that meet the definition of
an SSI unit as defined in Sec. 62.16045.
(3) You own or operate an SSI unit(s) not exempt under Sec.
62.15860.
(b) If you own or operator an SSI unit(s) and make changes that
meet the definition of modification after September 21, 2011, the SSI
unit becomes subject to 40 CFR part 60 subpart LLLL and the Federal
Plan no longer applies to that unit.
(c) If you own or operate an SSI unit(s) and make physical or
operational changes to the SSI unit(s) for which construction commenced
on or before September 21, 2011 primarily to comply with the Federal
Plan, 40 CFR part 60, subpart LLLL does not apply to the unit(s). Such
changes do not qualify as modifications under 40 CFR part 60, subpart
LLLL.

Sec. 62.15860 What SSI units are exempt from the Federal Plan?

This subpart exempts combustion units that incinerate sewage sludge
and are not located at a wastewater treatment facility designed to
treat domestic sewage sludge. These units may be subject to another
subpart of this part (e.g., subpart III of this part). If you own or
operate such a combustion unit, you must notify the Administrator of an
exemption claim under this section.

Sec. 62.15865 How do I determine if my SSI is covered by an approved
and effective State or Tribal plan?

This part (40 CFR part 62) contains a list of all states and tribal
areas with

[[Page 23416]]

approved Clean Air Act (CAA) section 111(d)/129 plans in effect.
However, this part is only updated once a year. Thus, if this part does
not indicate that your state or tribal area has an approved and
effective plan, you should contact your state environmental agency's
air director or your EPA Regional Office to determine if approval
occurred since publication of the most recent version of this part. A
state may also meet its CAA section 111(d)/129 obligations by
submitting an acceptable written request for delegation of the Federal
Plan that meets the requirements of this section. This is the only
other option for a state to meet its 111(d)/129 obligations.
(a) An acceptable Federal Plan delegation request must include the
following:
(1) A demonstration of adequate resources and legal authority to
administer and enforce the Federal Plan.
(2) The items under Sec. Sec. 60.5015(a)(1), (2), and (7).
(3) Certification that the hearing on the state delegation request,
similar to the hearing for a state plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission.
(4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator who sets forth the terms, conditions and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in the EPA's ``Delegations Manual, Item 7-139, Implementation and
Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) Federal Plans.''
(b) A state with an already approved SSI CAA section 111(d)/129
state plan is not precluded from receiving EPA approval of a delegation
request for the Federal Plan, providing the requirements of paragraph
(a) of this section are met, and at the time of the delegation request,
the state also requests withdrawal of the EPA's previous state plan
approval.
(c) A state's CAA section 111(d)/129 obligations are separate from
its obligations under Title V of the CAA.

Sec. 62.15870 If my SSI is not listed on the Federal Plan inventory,
am I exempt from this subpart?

Not necessarily. Sources subject to this subpart include, but are
not limited to, the inventory of sources listed in Docket ID Number
EPA-HQ-OAR-2012-0319 for the Federal Plan. Review the applicability of
Sec. 62.15855 to determine if you are subject to this subpart.

Compliance Schedules

Sec. 62.15875 What is my final compliance date?

You must achieve final compliance specified by the dates in
paragraphs (a) or (b) of this section:
(a) [DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register].
(b) If you plan to achieve compliance more than 1 year following
[DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register], you must meet the two increments of progress specified in
paragraphs (b)(1) and (2) of this section:
(1) Submit a final control plan; and
(2) Achieve final compliance.

Sec. 62.15880 When must I complete each increment of progress?

Table 1 to this subpart specifies compliance dates for each
increment of progress.

Sec. 62.15885 What must I include in the notifications of achievement
of increments of progress?

Your notification of achievement of increments of progress must
include the three items specified in paragraphs (a) through (c) of this
section:
(a) Notification that the increment of progress has been achieved;
(b) Any items required to be submitted with each increment of
progress; and
(c) Signature of the owner or operator of the SSI unit.

Sec. 62.15890 When must I submit the notifications of achievement of
increments of progress?

Notifications for achieving increments of progress must be
postmarked no later than 10 business days after the compliance date for
the increment.

Sec. 62.15895 What if I do not meet an increment of progress?

If you fail to meet an increment of progress, you must submit a
notification to the Administrator postmarked within 10 business days
after the date for that increment of progress in Table 1 to this
subpart. You must inform the Administrator that you did not meet the
increment, and you must continue to submit reports each subsequent
calendar month until the increment of progress is met.

Sec. 62.15900 How do I comply with the increment of progress for
submittal of a control plan?

For your control plan increment of progress, you must satisfy the
two requirements specified in paragraphs (a) and (b) of this section.
(a) Submit the final control plan to your EPA Regional Office and
permitting authority or delegated authority that includes the four
items described in paragraphs (a)(1) through (4) of this section:
(1) A description of the devices for air pollution control and
process changes that you will use to comply with the emission limits
and standards and other requirements of this subpart;
(2) The type(s) of waste to be burned, if waste other than sewage
sludge is burned in the unit;
(3) The maximum design sewage sludge burning capacity; and
(4) If applicable, the petition for site-specific operating limits
under Sec. 62.15965.
(b) Maintain an onsite copy of the final control plan.

Sec. 62.15905 How do I comply with the increment of progress for
achieving final compliance?

For the final compliance increment of progress, you must complete
all process changes and retrofit construction of control devices, as
specified in the final control plan, so that, if the affected SSI unit
is brought online, all necessary process changes and air pollution
control devices would operate as designed.

Sec. 62.15910 What must I do if I close my SSI unit and then restart
it?

(a) If you close your SSI unit but will restart it prior to the
final compliance date in your state plan, you must meet the increments
of progress specified in Sec. 62.15875.
(b) If you close your SSI unit but will restart it after your final
compliance date, you must complete emission control retrofits and meet
the emission limits, emission standards, and operating limits on the
date your unit restarts operation.

Sec. 62.15915 What must I do if I plan to permanently close my SSI
unit and not restart it?

If you plan to close your SSI unit rather than comply with the
Federal Plan, submit a closure notification, including the date of
closure, to the Administrator by the date your final control plan is
due.

Operator Training and Qualification

Sec. 62.15920 What are the operator training and qualification
requirements?

(a) AN SSI unit cannot be operated unless a fully trained and
qualified SSI unit operator is accessible, either at the facility or
can be at the facility within 1 hour. The trained and qualified SSI
unit operator may operate the SSI unit directly or be the direct
supervisor of

[[Page 23417]]

one or more other plant personnel who operate the unit. If all
qualified SSI unit operators are temporarily not accessible, you must
follow the procedures in Sec. 62.15945.
(b) Operator training and qualification must be obtained through a
state-approved program or by completing the requirements included in
paragraph (c) of this section.
(c) Training must be obtained by completing an incinerator operator
training course that includes, at a minimum, the three elements
described in paragraphs (c)(1) through (3) of this section:
(1) Training on the 10 subjects listed in paragraphs (c)(1)(i)
through (x) of this section:
(i) Environmental concerns, including types of emissions;
(ii) Basic combustion principles, including products of combustion;
(iii) Operation of the specific type of incinerator to be used by
the operator, including proper startup, sewage sludge feeding and
shutdown procedures;
(iv) Combustion controls and monitoring;
(v) Operation of air pollution control equipment and factors
affecting performance (if applicable);
(vi) Inspection and maintenance of the incinerator and air
pollution control devices;
(vii) Actions to prevent malfunctions or to prevent conditions that
may lead to malfunctions;
(viii) Bottom and fly ash characteristics and handling procedures;
(ix) Applicable federal, state and local regulations, including
Occupational Safety and Health Administration workplace standards; and
(x) Pollution prevention.
(2) An examination designed and administered by the state-approved
program or instructor administering the subjects in paragraph(c)(1) of
this section.
(3) Written material covering the training course topics that may
serve as reference material following completion of the course.

Sec. 62.15925 When must the operator training course be completed?

The operator training course must be completed by the later of the
three dates specified in paragraphs (a) through (c) of this section:
(a) The final compliance date (Increment 2);
(b) Six months after your SSI unit startup; and
(c) Six months after an employee assumes responsibility for
operating the SSI unit or assumes responsibility for supervising the
operation of the SSI unit.

Sec. 62.15930 How do I obtain my operator qualification?

(a) You must obtain operator qualification by completing a training
course that satisfies the criteria under Sec. 62.15920(b).
(b) Qualification is valid from the date on which the training
course is completed and the operator successfully passes the
examination required under Sec. 62.15920(c)(2).

Sec. 62.15935 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual review or
refresher course covering, at a minimum, the five topics described in
paragraphs (a) through (e) of this section:
(a) Update of regulations;
(b) Incinerator operation, including startup and shutdown
procedures, sewage sludge feeding and ash handling;
(c) Inspection and maintenance;
(d) Prevention of malfunctions or conditions that may lead to
malfunction; and
(e) Discussion of operating problems encountered by attendees.

Sec. 62.15940 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification before you begin
operation of an SSI unit by one of the two methods specified in
paragraphs (a) and (b) of this section:
(a) For a lapse of less than 3 years, you must complete a standard
annual refresher course described in Sec. 62.15935; and
(b) For a lapse of 3 years or more, you must repeat the initial
qualification requirements in Sec. 62.15920.

Sec. 62.15945 What if all the qualified operators are temporarily not
accessible?

If a qualified operator is not at the facility and cannot be at the
facility within 1 hour, you must meet the criteria specified in either
paragraph (a) or (b) of this section, depending on the length of time
that a qualified operator is not accessible:
(a) When a qualified operator is not accessible for more than 8
hours, the SSI unit may be operated for less than 2 weeks by other
plant personnel who are familiar with the operation of the SSI unit and
who have completed a review of the information specified in Sec.
62.15950 within the past 12 months. However, you must record the period
when a qualified operator was not accessible and include this deviation
in the annual report as specified under Sec. 62.16030(c).
(b) When a qualified operator is not accessible for 2 weeks or
more, you must take the two actions that are described in paragraphs
(b)(1) and (2) of this section:
(1) Notify the Administrator of this deviation in writing within 10
days. In the notice, state what caused this deviation, what you are
doing to ensure that a qualified operator is accessible, and when you
anticipate that a qualified operator will be accessible; and
(2) Submit a status report to the Administrator every 4 weeks
outlining what you are doing to ensure that a qualified operator is
accessible, stating when you anticipate that a qualified operator will
be accessible and requesting approval from the Administrator to
continue operation of the SSI unit. You must submit the first status
report 4 weeks after you notify the Administrator of the deviation
under paragraph (b)(1) of this section:
(i) If the Administrator notifies you that your request to continue
operation of the SSI unit is disapproved, the SSI unit may continue
operation for 30 days and then must cease operation; and
(ii) Operation of the unit may resume if a qualified operator is
accessible as required under Sec. 62.15920(a). You must notify the
Administrator within 5 days of having resumed operations and of having
a qualified operator accessible.

Sec. 62.15950 What site-specific documentation is required and how
often must it be reviewed by qualified operators and plant personnel?

(a) You must maintain at the facility the documentation of the
operator training procedures specified under Sec. 62.15920(c)(1) and
make the documentation readily accessible to all SSI unit operators.
(b) You must establish a program for reviewing the information
listed in Sec. 62.15920(c)(1) with each qualified incinerator operator
and other plant personnel who may operate the unit according to the
provisions of Sec. 62.15945(a), according to the following schedule:
(1) The initial review of the information listed in Sec.
62.15920(c)(1) must be conducted within 6 months after the effective
date of this subpart or prior to an employee's assumption of
responsibilities for operation of the SSI unit, whichever date is
later; and
(2) Subsequent annual reviews of the information listed in Sec.
62.15920(c)(1) must be conducted no later than 12 months following the
previous review.

[[Page 23418]]

Emission Limits, Emission Standards, and Operating Limits and
Requirements

Sec. 62.15955 What emission limits and standards must I meet and by
when?

You must meet the emission limits and standards specified in Table
2 or 3 to this subpart by the final compliance date specified in Sec.
62.15880. The emission limits and standards apply at all times the unit
is operating and during periods of malfunction. The emission limits and
standards apply to emissions from a bypass stack or vent while sewage
sludge is in the combustion chamber (i.e., until the sewage sludge feed
to the combustor has been cut off for a period of time not less than
the sewage sludge incineration residence time).

Sec. 62.15960 What operating limits and requirements must I meet and
by when?

You must meet, as applicable, the operating limits and requirements
specified in paragraphs (a) through (d) and (h) of this section,
according to the schedule specified in paragraph (e) of this section.
The operating parameters for which you will establish operating limits
for a wet scrubber, fabric filter, electrostatic precipitator or
activated carbon injection are listed in Table 4 to this subpart. You
must comply with the operating requirements in paragraph (f) of this
section and the requirements in paragraph (g) of this section for
meeting any new operating limits, re-established in Sec. 62.16005. The
operating limits apply at all times that sewage sludge is in the
combustion chamber (i.e., until the sewage sludge feed to the combustor
has been cut off for a period of time not less than the sewage sludge
incineration residence time):
(a) You must meet a site-specific operating limit for minimum
operating temperature of the combustion chamber (or afterburner
combustion chamber) that you establish in Sec. 62.15985;
(b) If you use a wet scrubber, electrostatic precipitator,
activated carbon injection or afterburner to comply with an emission
limit, you must meet the site-specific operating limits that you
establish in Sec. 62.15985 for each operating parameter associated
with each air pollution control device;
(c) If you use a fabric filter to comply with the emission limits,
you must install the bag leak detection system specified in Sec. Sec.
62.15995(b) and 62.16020(b)(3)(i) and operate the bag leak detection
system such that the alarm does not sound more than 5 percent of the
operating time during a 6-month period. You must calculate the alarm
time as specified in Sec. 62.16005(a)(2)(i);
(d) You must meet the operating requirements in your site-specific
fugitive emission monitoring plan, submitted as specified in Sec.
62.15995(d) to ensure that your ash handling system will meet the
emission standard for fugitive emissions from ash handling;
(e) You must meet the operating limits and requirements specified
in paragraphs (a) through (d) of this section by the final compliance
date specified in Sec. 62.15880;
(f) You must monitor the feed rate and moisture content of the
sewage sludge fed to the sewage sludge incinerator, as specified in
paragraphs (f)(1) and (2) of this section:
(1) Continuously monitor the sewage sludge feed rate and calculate
a daily average for all hours of operation during each 24-hour period.
Keep a record of the daily average feed rate, as specified in Sec.
62.16025(f)(3)(ii); and
(2) Take at least one grab sample per day of the sewage sludge fed
to the sewage sludge incinerator. If you take more than one grab sample
in a day, calculate the daily average for the grab samples. Keep a
record of the daily average moisture content, as specified in Sec.
62.16025(f)(3)(ii).
(g) For the operating limits and requirements specified in
paragraphs (a) through (d) and (h) of this section, you must meet any
new operating limits and requirements, re-established according to
Sec. 62.16005(d)); and
(h) If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator or activated carbon
injection to comply with the emission limits in Table 2 or 3 to this
subpart, you must meet any site-specific operating limits or
requirements that you establish as required in Sec. 62.15965.

Sec. 62.15965 How do I establish operating limits if I do not use a
wet scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some other
manner, to comply with the emission limits?

If you use an air pollution control device other than a wet
scrubber, fabric filter, electrostatic precipitator, activated carbon
injection, or afterburner, or limit emissions in some other manner
(e.g., materials balance) to comply with the emission limits in Sec.
62.15955, you must meet the requirements in paragraphs (a) and (b) of
this section:
(a) Meet the applicable operating limits and requirements in Sec.
60.4850, and establish applicable operating limits according to Sec.
62.15985; and
(b) Petition the Administrator for specific operating parameters,
operating limits, and averaging periods to be established during the
initial performance test and to be monitored continuously thereafter.
(1) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. You must not conduct the
initial performance test until after the petition has been approved by
the Administrator, and you must comply with the operating limits as
written, pending approval by the Administrator. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart;
(2) Your petition must include the five items listed in paragraphs
(b)(2)(i) through(v) of this section:
(i) Identification of the specific parameters you propose to
monitor;
(ii) A discussion of the relationship between these parameters and
emissions of regulated pollutants, identifying how emissions of
regulated pollutants change with changes in these parameters, and how
limits on these parameters will serve to limit emissions of regulated
pollutants;
(iii) A discussion of how you will establish the upper and/or lower
values for these parameters that will establish the operating limits on
these parameters, including a discussion of the averaging periods
associated with those parameters for determining compliance;
(iv) A discussion identifying the methods you will use to measure
and the instruments you will use to monitor these parameters, as well
as the relative accuracy and precision of these methods and
instruments; and
(v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.

Sec. 62.15970 Do the emission limits, emission standards, and
operating limits apply during periods of startup, shutdown and
malfunction?

The emission limits and standards apply at all times and during
periods of malfunction. The operating limits apply at all times that
sewage sludge is in the combustion chamber (i.e., until the sewage
sludge feed to the combustor has been cut off for a period of time not
less than the sewage sludge incineration residence time). For
determining compliance with the CO concentration limit using CO CEMS,
the correction to 7 percent oxygen does not apply during

[[Page 23419]]

periods of startup or shutdown. Use the measured CO concentration
without correcting for oxygen concentration in averaging with other CO
concentrations (corrected to 7 percent O2) to determine the
24-hour average value.

Sec. 62.15975 [Reserved]

Initial Compliance Requirements

Sec. 62.15980 How and when do I demonstrate initial compliance with
the emission limits and standards?

To demonstrate initial compliance with the emission limits and
standards in Table 2 or 3 to this subpart, use the procedures specified
in paragraph (a) of this section. In lieu of using the procedures
specified in paragraph (a) of this section, you have the option to
demonstrate initial compliance using the procedures specified in
paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead and fugitive emissions from ash handling. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
62.16015(a) and (b).
(a) Demonstrate initial compliance using the performance test
required in Sec. 60.8. You must demonstrate that your SSI unit meets
the emission limits and standards specified in Table 2 or 3 to this
subpart for particulate matter, hydrogen chloride, carbon monoxide,
dioxins/furans (total mass basis or toxic equivalency basis), mercury,
nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive emissions
from ash handling using the performance test. The initial performance
test must be conducted using the test methods, averaging methods, and
minimum sampling volumes or durations specified in Table 2 or 3 to this
subpart and according to the testing, monitoring, and calibration
requirements specified in Sec. 62.16015(a).
(1) Except as provided in paragraph (e) of this section, you must
demonstrate that your SSI unit meets the emission limits and standards
specified in Table 2 or 3 to this subpart by the final compliance date
(see Table 1 to this subpart).
(2) You may use the results from a performance test conducted
within the 2 previous years that was conducted under the same
conditions and demonstrated compliance with the emission limits and
standards in Table 2 or 3 to this subpart, provided no process changes
have been made since you conducted that performance test. However, you
must continue to meet the operating limits established during the most
recent performance test that demonstrated compliance with the emission
limits and standards in Table 2 or 3 to this subpart. The performance
test must have used the test methods specified in Table 2 or 3 to this
subpart.
(b) Demonstrate initial compliance using a continuous emissions
monitoring system or continuous automated sampling system. The option
to use a continuous emissions monitoring system for hydrogen chloride,
dioxins/furans, cadmium, or lead takes effect on the date a final
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The
option to use a continuous automated sampling system for dioxins/furans
takes effect on the date a final performance specification for such a
continuous automated sampling system is published in the Federal
Register. Collect data as specified in Sec. 62.16015(b)(6) and use the
following procedures:
(1) To demonstrate initial compliance with the emission limits
specified in Table 2 or 3 to this subpart for particulate matter,
hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or
toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide,
cadmium and lead, you may substitute the use of a continuous monitoring
system in lieu of conducting the initial performance test required in
paragraph (a) of this section, as follows:
(i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
in lieu of conducting the initial performance test for that pollutant
in paragraph (a) of this section. For determining compliance with the
carbon monoxide concentration limit using carbon monoxide CEMS, the
correction to 7 percent oxygen does not apply during periods of startup
or shutdown. Use the measured carbon monoxide concentration without
correcting for oxygen concentration in averaging with other carbon
monoxide concentrations (corrected to 7 percent oxygen) to determine
the 24-hour average value.
(ii) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
(2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in Table 2 or
3 to this subpart, as described in paragraph (b)(1) of this section,
you must use the continuous emissions monitoring system and follow the
requirements specified in Sec. 62.16015(b). You must measure emissions
according to Sec. 60.13 to calculate 1-hour arithmetic averages,
corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate
initial compliance using a 24-hour block average of these 1-hour
arithmetic average emission concentrations, calculated using Equation
19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A-7.
(3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in Table 2 or
3 to this subpart, as described in paragraph (b)(1) of this section,
you must:
(i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
(A) Use the procedures specified in Sec. 60.58b(p) to calculate
24-hour block averages to determine compliance with the mercury
emission limit in Table 2 or 3 to this subpart.
(B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-
week block averages to determine compliance with the dioxin/furan
(total mass basis or toxic equivalency basis) emission limit in Table 2
or 3 to this subpart.
(ii) Comply with the provisions in Sec. 60.58b(q) to develop a
monitoring plan. For mercury continuous automated sampling systems, you
must use Performance Specification 12B of appendix B of part 75 and
Procedure 5 of appendix F of part 60.
(4) Except as provided in paragraph (e) of this section, you must
complete your initial performance evaluations required under your
monitoring plan for any continuous emissions monitoring systems and
continuous automated sampling systems by the final compliance date (see
Table 1 to this subpart). Your performance evaluation must be conducted
using the procedures and acceptance criteria specified in Sec.
62.15995(a)(3).
(c) To demonstrate initial compliance with the dioxins/furans toxic
equivalency emission limit in Table 2 or 3 to this subpart, determine
dioxins/furans toxic equivalency as follows:
(1) Measure the concentration of each dioxin/furan tetra- through
octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60,
appendix A-7.

[[Page 23420]]

(2) Multiply the concentration of each dioxin/furan (tetra- through
octa-chlorinated) isomer by its corresponding toxic equivalency factor
specified in Table 5 to this subpart.
(3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
(d) Submit an initial compliance report, as specified in Sec.
62.16030(b).
(e) If you demonstrate initial compliance using the performance
test specified in paragraph (a) of this section, then the provisions of
this paragraph (e) apply. If a force majeure is about to occur, occurs
or has occurred for which you intend to assert a claim of force
majeure, you must notify the Administrator in writing as specified in
Sec. 62.16030(f). You must conduct the initial performance test as
soon as practicable after the force majeure occurs. The Administrator
will determine whether or not to grant the extension to the initial
performance test deadline and will notify you in writing of approval or
disapproval of the request for an extension as soon as practicable.
Until an extension of the performance test deadline has been approved
by the Administrator, you remain strictly subject to the requirements
of this subpart.

Sec. 62.15985 How do I establish my operating limits?

(a) You must establish the site-specific operating limits specified
in paragraphs (b) through (h) of this section or established in Sec.
62.15965, as applicable, during your initial performance tests required
in Sec. 62.15980. You must meet the requirements in Sec. 62.16005(d)
to confirm these operating limits or re-establish new operating limits
using operating data recorded during any performance tests or
performance evaluations required in Sec. 62.16000. You must follow the
data measurement and recording frequencies and data averaging times
specified in Table 4 to this subpart or as established in Sec.
62.15965, and you must follow the testing, monitoring and calibration
requirements specified in Sec. Sec. 62.16015 and 62.16020 or
established in Sec. 62.15965. You are not required to establish
operating limits for the operating parameters listed in Table 4 to this
subpart for a control device if you use a continuous monitoring system
to demonstrate compliance with the emission limits in Table 2 or 3 to
this subpart for the applicable pollutants, as follows:
(1) For a scrubber designed to control emissions of hydrogen
chloride or sulfur dioxide, you are not required to establish an
operating limit and monitor scrubber liquid flow rate or scrubber
liquid pH if you use the continuous monitoring system specified in
Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the
emission limit for hydrogen chloride or sulfur dioxide.
(2) For a scrubber designed to control emissions of particulate
matter, cadmium and lead, you are not required to establish an
operating limit and monitor pressure drop across the scrubber or
scrubber liquid flow rate if you use the continuous monitoring system
specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for particulate matter, cadmium and
lead.
(3) For an electrostatic precipitator designed to control emissions
of particulate matter, cadmium and lead, you are not required to
establish an operating limit and monitor secondary voltage of the
collection plates, secondary amperage of the collection plates or
effluent water flow rate at the outlet of the electrostatic
precipitator if you use the continuous monitoring system specified in
Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the
emission limit for particulate matter, lead and cadmium.
(4) For an activated carbon injection system designed to control
emissions of mercury, you are not required to establish an operating
limit and monitor sorbent injection rate and carrier gas flow rate (or
carrier gas pressure drop) if you use the continuous monitoring system
specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate
compliance with the emission limit for mercury.
(5) For an activated carbon injection system designed to control
emissions of dioxins/furans, you are not required to establish an
operating limit and monitor sorbent injection rate and carrier gas flow
rate (or carrier gas pressure drop) if you use the continuous
monitoring system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to
demonstrate compliance with the emission limit for dioxins/furans
(total mass basis or toxic equivalency basis).
(b) Minimum pressure drop across each wet scrubber used to meet the
particulate matter, lead and cadmium emission limits in Table 2 or 3 to
this subpart, equal to the lowest 4-hour average pressure drop across
each such wet scrubber measured during the most recent performance test
demonstrating compliance with the particulate matter, lead and cadmium
emission limits.
(c) Minimum scrubber liquid flow rate (measured at the inlet to
each wet scrubber), equal to the lowest 4-hour average liquid flow rate
measured during the most recent performance test demonstrating
compliance with all applicable emission limits.
(d) Minimum scrubber liquid pH for each wet scrubber used to meet
the sulfur dioxide or hydrogen chloride emission limits in Table 2 or 3
to this subpart, equal to the lowest 1-hour average scrubber liquid pH
measured during the most recent performance test demonstrating
compliance with the sulfur dioxide and hydrogen chloride emission
limits.
(e) Minimum combustion chamber operating temperature (or minimum
afterburner temperature), equal to the lowest 4-hour average combustion
chamber operating temperature (or afterburner temperature) measured
during the most recent performance test demonstrating compliance with
all applicable emission limits.
(f) Minimum power input to the electrostatic precipitator
collection plates, equal to the lowest 4-hour average secondary
electric power measured during the most recent performance test
demonstrating compliance with the particulate matter, lead and cadmium
emission limits. Power input must be calculated as the product of the
secondary voltage and secondary amperage to the electrostatic
precipitator collection plates. Both the secondary voltage and
secondary amperage must be recorded during the performance test.
(g) Minimum effluent water flow rate at the outlet of the
electrostatic precipitator, equal to the lowest 4-hour average effluent
water flow rate at the outlet of the electrostatic precipitator
measured during the most recent performance test demonstrating
compliance with the particulate matter, lead and cadmium emission
limits.
(h) For activated carbon injection, establish the site-specific
operating limits specified in paragraphs (h)(1) through (3) of this
section.
(1) Minimum mercury sorbent injection rate, equal to the lowest 4-
hour average mercury sorbent injection rate measured during the most
recent performance test demonstrating compliance with the mercury
emission limit.
(2) Minimum dioxin/furan sorbent injection rate, equal to the
lowest 4-hour average dioxin/furan sorbent injection rate measured
during the most recent performance test demonstrating compliance with
the dioxin/furan (total mass basis or toxic equivalency basis) emission
limit.

[[Page 23421]]

(3) Minimum carrier gas flow rate or minimum carrier gas pressure
drop, as follows:
(i) Minimum carrier gas flow rate, equal to the lowest 4-hour
average carrier gas flow rate measured during the most recent
performance test demonstrating compliance with the applicable emission
limit.
(ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour
average carrier gas flow rate measured during the most recent
performance test demonstrating compliance with the applicable emission
limit.

Sec. 62.15990 By what date must I conduct the initial air pollution
control device inspection and make any necessary repairs?

(a) You must conduct an air pollution control device inspection
according to Sec. 62.16015(c) by the final compliance date as
specified in Sec. 62.15880. For air pollution control devices
installed after the final compliance date, you must conduct the air
pollution control device inspection within 60 days after installation
of the control device.
(b) Within 10 operating days following the air pollution control
device inspection under paragraph (a) of this section, all necessary
repairs must be completed unless you obtain written approval from the
Administrator establishing a date whereby all necessary repairs of the
SSI unit must be completed.

Sec. 62.15995 How do I develop a site-specific monitoring plan for my
continuous monitoring, bag leak detection, and ash handling systems,
and by what date must I conduct an initial performance evaluation?

You must develop and submit to the Administrator for approval a
site-specific monitoring plan for each continuous monitoring system
required under this subpart, according to the requirements in
paragraphs (a) through (c) of this section. This requirement also
applies to you if you petition the Administrator for alternative
monitoring parameters under Sec. 60.13(i) and paragraph (e) of this
section. If you use a continuous automated sampling system to comply
with the mercury or dioxin/furan (total mass basis or toxic equivalency
basis) emission limits, you must develop your monitoring plan as
specified in Sec. 60.58b(q), and you are not required to meet the
requirements in paragraphs (a) and (b) of this section. You must also
submit a site-specific monitoring plan for your ash handling system, as
specified in paragraph (d) of this section. You must submit and update
your monitoring plans as specified in paragraphs (f) through (h) of
this section.
(a) For each continuous monitoring system, your monitoring plan
must address the elements and requirements specified in paragraphs
(a)(1) through (8) of this section. You must operate and maintain the
continuous monitoring system in continuous operation according to the
site-specific monitoring plan.
(1) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer
and the data collection and reduction systems.
(3) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
(i) For continuous emissions monitoring systems, your performance
evaluation and acceptance criteria must include, but is not limited to,
the following:
(A) The applicable requirements for continuous emissions monitoring
systems specified in Sec. 60.13.
(B) The applicable performance specifications (e.g., relative
accuracy tests) in appendix B of part 60.
(C) The applicable procedures (e.g., quarterly accuracy
determinations and daily calibration drift tests) in appendix F of part
60.
(D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in paragraph (a)(7)(i) of this section.
(ii) For continuous parameter monitoring systems, your performance
evaluation and acceptance criteria must include, but is not limited to,
the following:
(A) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs
(a)(3)(ii)(A)(1) through (4) of this section.
(1) Install the flow sensor and other necessary equipment in a
position that provides a representative flow.
(2) Use a flow sensor with a measurement sensitivity of no greater
than 2 percent of the expected process flow rate.
(3) Minimize the effects of swirling flow or abnormal velocity
distributions due to upstream and downstream disturbances.
(4) Conduct a flow monitoring system performance evaluation in
accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
(B) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in
paragraphs (a)(3)(ii)(B)(1) through (6) of this section.
(1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., particulate matter
scrubber pressure drop).
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the
pressure monitoring system operating range, whichever is less.
(4) Perform checks at least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
(5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually.
(6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in your monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
(C) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1)
through (4) of this section.
(1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH.
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
(3) Conduct a performance evaluation of the pH monitoring system in
accordance with your monitoring plan at least once each process
operating day.
(4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1
of the operating limit pH level) of the pH monitoring system in
accordance with your monitoring plan at the time of each performance
test but no less frequently than quarterly.
(D) If you have an operating limit that requires the use of a
temperature measurement device, you must meet the

[[Page 23422]]

requirements in paragraphs (a)(3)(ii)(D)(1) through (4) of this
section.
(1) Install the temperature sensor and other necessary equipment in
a position that provides a representative temperature.
(2) Use a temperature sensor with a minimum tolerance of 2.8
degrees Celsius (5 degrees Fahrenheit), or 1.0 percent of the
temperature value, whichever is larger, for a noncryogenic temperature
range.
(3) Use a temperature sensor with a minimum tolerance of 2.8
degrees Celsius (5 degrees Fahrenheit), or 2.5 percent of the
temperature value, whichever is larger, for a cryogenic temperature
range.
(4) Conduct a temperature measurement device performance evaluation
at the time of each performance test but no less frequently than
annually.
(E) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator, you
must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of
this section.
(1) Install sensors to measure (secondary) voltage and current to
the electrostatic precipitator collection plates.
(2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
(F) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper or hopper flow measurement device), you must meet the
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
(1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate.
(2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time
of each performance test but no less frequently than annually.
(4) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. 60.11(d).
(5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 60.13.
(6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 60.7(b), (c), (c)(1), (c)(4),
(d), (e), (f) and (g).
(7) Provisions for periods when the continuous monitoring system is
out of control, as follows:
(i) A continuous monitoring system is out of control if the
conditions of paragraph (a)(7)(i)(A) or (i)(B) of this section are met.
(A) The zero (low-level), mid-level (if applicable), or high-level
calibration drift exceeds two times the applicable calibration drift
specification in the applicable performance specification or in the
relevant standard.
(B) The continuous monitoring system fails a performance test audit
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy
test audit or linearity test audit.
(ii) When the continuous monitoring system is out of control as
specified in paragraph (a)(7)(i) of this section, you must take the
necessary corrective action and must repeat all necessary tests that
indicate that the system is out of control. You must take corrective
action and conduct retesting until the performance requirements are
below the applicable limits. The beginning of the out-of-control period
is the hour you conduct a performance check (e.g., calibration drift)
that indicates an exceedance of the performance requirements
established under this part. The end of the out-of-control period is
the hour following the completion of corrective action and successful
demonstration that the system is within the allowable limits.
(8) Schedule for conducting initial and periodic performance
evaluations of your continuous monitoring systems.
(b) If a bag leak detection system is used, your monitoring plan
must include a description of the following items:
(1) Installation of the bag leak detection system in accordance
with paragraphs (b)(1)(i) and (ii) of this section.
(i) Install the bag leak detection sensor(s) in a position(s) that
will be representative of the relative or absolute particulate matter
loadings for each exhaust stack, roof vent or compartment (e.g., for a
positive pressure fabric filter) of the fabric filter.
(ii) Use a bag leak detection system certified by the manufacturer
to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less.
(2) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established. Use a
bag leak detection system equipped with a system that will sound an
alarm when the system detects an increase in relative particulate
matter emissions over a preset level. The alarm must be located where
it is observed readily and any alert is detected and recognized easily
by plant operating personnel.
(3) Evaluations of the performance of the bag leak detection
system, performed in accordance with your monitoring plan and
consistent with the guidance provided in Fabric Filter Bag Leak
Detection Guidance, EPA-454/R-98-015, September 1997 (incorporated by
reference, see Sec. 60.17).
(4) Operation of the bag leak detection system, including quality
assurance procedures.
(5) Maintenance of the bag leak detection system, including a
routine maintenance schedule and spare parts inventory list.
(6) Recordkeeping (including record retention) of the bag leak
detection system data. Use a bag leak detection system equipped with a
device to continuously record the output signal from the sensor.
(c) You must conduct an initial performance evaluation of each
continuous monitoring system and bag leak detection system, as
applicable, in accordance with your monitoring plan and to Sec.
60.13(c). For the purpose of this subpart, the provisions of Sec.
60.13(c) also apply to the bag leak detection system. You must conduct
the initial performance evaluation of each continuous monitoring system
within 60 days of installation of the monitoring system.
(d) You must submit a monitoring plan specifying the ash handling
system operating procedures that you will follow to ensure that you
meet the fugitive emissions limit specified in Table 2 or 3 to this
subpart.
(e) You may submit an application to the Administrator for approval
of alternate monitoring requirements to demonstrate compliance with the
standards of this subpart, subject to the provisions of paragraphs
(e)(1) through (6) of this section.
(1) The Administrator will not approve averaging periods other than
those specified in this section, unless you document, using data or
information, that the longer averaging period will ensure that
emissions do not exceed levels achieved over the duration of three
performance test runs.
(2) If the application to use an alternate monitoring requirement
is approved, you must continue to use the original monitoring
requirement until approval is received to use another monitoring
requirement.
(3) You must submit the application for approval of alternate
monitoring requirements no later than the

[[Page 23423]]

notification of performance test. The application must contain the
information specified in paragraphs (e)(3)(i) through (iii) of this
section:
(i) Data or information justifying the request, such as the
technical or economic infeasibility, or the impracticality of using the
required approach.
(ii) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach and technique, the averaging period for the limit,
and how the limit is to be calculated.
(iii) Data or information documenting that the alternative
monitoring requirement would provide equivalent or better assurance of
compliance with the relevant emission standard.
(4) The Administrator will notify you of the approval or denial of
the application within 90 calendar days after receipt of the original
request, or within 60 calendar days of the receipt of any supplementary
information, whichever is later. The Administrator will not approve an
alternate monitoring application unless it would provide equivalent or
better assurance of compliance with the relevant emission standard.
Before disapproving any alternate monitoring application, the
Administrator will provide the following:
(i) Notice of the information and findings upon which the intended
disapproval is based.
(ii) Notice of opportunity for you to present additional supporting
information before final action is taken on the application. This
notice will specify how much additional time is allowed for you to
provide additional supporting information.
(5) You are responsible for submitting any supporting information
in a timely manner to enable the Administrator to consider the
application prior to the performance test. Neither submittal of an
application, nor the Administrator's failure to approve or disapprove
the application relieves you of the responsibility to comply with any
provision of this subpart.
(6) The Administrator may decide at any time, on a case-by-case
basis, that additional or alternative operating limits, or alternative
approaches to establishing operating limits, are necessary to
demonstrate compliance with the emission standards of this subpart.
(f) You must submit your monitoring plans required in paragraphs
(a) and (b) of this section at least 60 days before your initial
performance evaluation of your continuous monitoring system(s).
(g) You must submit your monitoring plan for your ash handling
system, as required in paragraph (d) of this section, at least 60 days
before your initial compliance test date.
(h) You must update and resubmit your monitoring plan if there are
any changes or potential changes in your monitoring procedures or if
there is a process change, as defined in Sec. 62.16045.

Continuous Compliance Requirements

Sec. 62.16000 How and when do I demonstrate continuous compliance
with the emission limits and standards?

To demonstrate continuous compliance with the emission limits and
standards specified in Table 2 or 3 to this subpart, use the procedures
specified in paragraph (a) of this section. In lieu of using the
procedures specified in paragraph (a) of this section, you have the
option to demonstrate initial compliance using the procedures specified
in paragraph (b) of this section for particulate matter, hydrogen
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium,
lead and fugitive emissions from ash handling. You must meet the
requirements of paragraphs (a) and (b) of this section, as applicable,
and paragraphs (c) through (e) of this section, according to the
performance testing, monitoring, and calibration requirements in Sec.
62.16015(a) and (b). You may also petition the Administrator for
alternative monitoring parameters as specified in paragraph (f) of this
section.
(a) Demonstrate continuous compliance using a performance test.
Except as provided in paragraphs (a)(3) and (e) of this section,
following the date that the initial performance test for each pollutant
in Table 2 or 3 to this subpart is completed, you must conduct a
performance test for each such pollutant on an annual basis (between 11
and 13 calendar months following the previous performance test). The
performance test must be conducted using the test methods, averaging
methods, and minimum sampling volumes or durations specified in Table 2
or 3 to this subpart and according to the testing, monitoring and
calibration requirements specified in Sec. 62.16015(a).
(1) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward. The Administrator may request a repeat performance test at any
time.
(2) You must repeat the performance test within 60 days of a
process change, as defined in Sec. 62.16045.
(3) Except as specified in paragraphs (a)(1) and (2) of this
section, you can conduct performance tests less often for a given
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this
section.
(i) You can conduct performance tests less often if your
performance tests for the pollutant for at least 2 consecutive years
show that your emissions are at or below 75 percent of the emission
limit specified in Table 2 or 3 to this subpart, and there are no
changes in the operation of the affected source or air pollution
control equipment that could increase emissions. In this case, you do
not have to conduct a performance test for that pollutant for the next
2 years. You must conduct a performance test during the third year and
no more than 37 months after the previous performance test.
(ii) If your SSI unit continues to meet the emission limit for the
pollutant, you may choose to conduct performance tests for the
pollutant every third year if your emissions are at or below 75 percent
of the emission limit, and if there are no changes in the operation of
the affected source or air pollution control equipment that could
increase emissions, but each such performance test must be conducted no
more than 37 months after the previous performance test.
(iii) If a performance test shows emissions exceeded 75 percent of
the emission limit for a pollutant, you must conduct annual performance
tests for that pollutant until all performance tests over 2 consecutive
years show compliance.
(b) Demonstrate continuous compliance using a continuous emissions
monitoring system or continuous automated sampling system. The option
to use a continuous emissions monitoring system for hydrogen chloride,
dioxins/furans, cadmium or lead takes effect on the date a final
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The
option to use a continuous automated sampling system for dioxins/furans
takes effect on the date a final performance specification for such a
continuous automated sampling system is published in the Federal
Register. Collect data as specified in Sec. 62.16015(b)(6) and use the
following procedures:
(1) To demonstrate continuous compliance with the emission limits
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans (total mass basis or toxic equivalency basis), mercury, nitrogen
oxides, sulfur

[[Page 23424]]

dioxide, cadmium and lead, you may substitute the use of a continuous
monitoring system in lieu of conducting the annual performance test
required in paragraph (a) of this section, as follows:
(i) You may substitute the use of a continuous emissions monitoring
system for any pollutant specified in paragraph (b)(1) of this section
in lieu of conducting the annual performance test for that pollutant in
paragraph (a) of this section. For determining compliance with the
carbon monoxide concentration limit using carbon monoxide CEMS, the
correction to 7 percent oxygen does not apply during periods of startup
or shutdown. Use the measured carbon monoxide concentration without
correcting for oxygen concentration in averaging with other carbon
monoxide concentrations (corrected to 7 percent oxygen) to determine
the 24-hour average value.
(ii) You may substitute the use of a continuous automated sampling
system for mercury or dioxins/furans in lieu of conducting the annual
mercury or dioxin/furan performance test in paragraph (a) of this
section.
(2) If you use a continuous emissions monitoring system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must use the continuous emissions
monitoring system and follow the requirements specified in Sec.
62.16015(b). You must measure emissions according to Sec. 60.13 to
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or
carbon dioxide). You must demonstrate initial compliance using a 24-
hour block average of these 1-hour arithmetic average emission
concentrations, calculated using Equation 19-19 in section 12.4.1 of
Method 19 of 40 CFR part 60, appendix A-7.
(3) If you use a continuous automated sampling system to
demonstrate compliance with an applicable emission limit in paragraph
(b)(1) of this section, you must:
(i) Use the continuous automated sampling system specified in Sec.
60.58b(p) and (q), and measure and calculate average emissions
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.
60.58b(p) and your monitoring plan.
(A) Use the procedures specified in Sec. 60.58b(p) to calculate
24-hour averages to determine compliance with the mercury emission
limit in Table 2 or 3 to this subpart.
(B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan (total mass
basis or toxic equivalency basis) emission limits in Table 2 or 3 to
this subpart.
(ii) Update your monitoring plan as specified in Sec. 60.4880(e).
For mercury continuous automated sampling systems, you must use
Performance Specification 12B of appendix B of part 75 and Procedure 5
of appendix F of part 60.
(4) Except as provided in paragraph (e) of this section, you must
complete your periodic performance evaluations required in your
monitoring plan for any continuous emissions monitoring systems and
continuous automated sampling systems, according to the schedule
specified in your monitoring plan. If you were previously determining
compliance by conducting an annual performance test (or according to
the less frequent testing for a pollutant as provided in paragraph
(a)(3) of this section), you must complete the initial performance
evaluation required under your monitoring plan in Sec. 62.15995 for
the continuous monitoring system prior to using the continuous
emissions monitoring system to demonstrate compliance or continuous
automated sampling system. Your performance evaluation must be
conducted using the procedures and acceptance criteria specified in
Sec. 62.15995(a)(3).
(c) To demonstrate compliance with the dioxins/furans toxic
equivalency emission limit in paragraph (a) or (b) of this section, you
must determine dioxins/furans toxic equivalency as follows:
(1) Measure the concentration of each dioxin/furan tetra- through
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60,
appendix A-7.
(2) For each dioxin/furan (tetra- through octachlorinated) isomer
measured in accordance with paragraph (c)(1) of this section, multiply
the isomer concentration by its corresponding toxic equivalency factor
specified in Table 5 to this subpart.
(3) Sum the products calculated in accordance with paragraph (c)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of toxic equivalency.
(d) You must submit an annual compliance report as specified in
Sec. 62.16030(c). You must submit a deviation report as specified in
Sec. 62.16030(d) for each instance that you did not meet each emission
limit in Tables 2 and 3 to this subpart.
(e) If you demonstrate continuous compliance using a performance
test, as specified in paragraph (a) of this section, then the
provisions of this paragraph (e) apply. If a force majeure is about to
occur, occurs, or has occurred for which you intend to assert a claim
of force majeure, you must notify the Administrator in writing as
specified in Sec. 62.16030(f). You must conduct the performance test
as soon as practicable after the force majeure occurs. The
Administrator will determine whether or not to grant the extension to
the performance test deadline, and will notify you in writing of
approval or disapproval of the request for an extension as soon as
practicable. Until an extension of the performance test deadline has
been approved by the Administrator, you remain strictly subject to the
requirements of this subpart.
(f) After any initial requests in Sec. 62.15995 for alternative
monitoring requirements for initial compliance, you may subsequently
petition the Administrator for alternative monitoring parameters as
specified in Sec. Sec. 60.13(i) and 62.15995(e).

Sec. 62.16005 How do I demonstrate continuous compliance with my
operating limits?

You must continuously monitor your operating parameters as
specified in paragraph (a) of this section and meet the requirements of
paragraphs (b) and (c) of this section, according to the monitoring and
calibration requirements in Sec. 62.16020. You must confirm and re-
establish your operating limits as specified in paragraph (d) of this
section.
(a) You must continuously monitor the operating parameters
specified in paragraphs (a)(1) and(2) of this section using the
continuous monitoring equipment and according to the procedures
specified in Sec. 62.16020 or established in Sec. 62.15965. To
determine compliance, you must use the data averaging period specified
in Table 4 to this subpart (except for alarm time of the baghouse leak
detection system) unless a different averaging period is established
under Sec. 62.15965.
(1) You must demonstrate that the SSI unit meets the operating
limits established according to Sec. Sec. 62.15965 and 62.15985 and
paragraph (d) of this section for each applicable operating parameter.
(2) You must demonstrate that the SSI unit meets the operating
limit for bag leak detection systems as follows:
(i) For a bag leak detection system, you must calculate the alarm
time as follows:
(A) If inspection of the fabric filter demonstrates that no
corrective action is required, no alarm time is counted.
(B) If corrective action is required, each alarm time shall be
counted as a minimum of 1 hour.

[[Page 23425]]

(C) If you take longer than 1 hour to initiate corrective action,
each alarm time (i.e., time that the alarm sounds) is counted as the
actual amount of time taken by you to initiate corrective action.
(ii) Your maximum alarm time is equal to 5 percent of the operating
time during a 6-month period, as specified in Sec. 62.15960(c).
(b) Operation above the established maximum, below the established
minimum, or outside the allowable range of the operating limits
specified in paragraph (a) of this section constitutes a deviation from
your operating limits established under this subpart, except during
performance tests conducted to determine compliance with the emission
and operating limits or to establish new operating limits. You must
submit the deviation report specified in Sec. 62.16030(d) for each
instance that you did not meet one of your operating limits established
under this subpart.
(c) You must submit the annual compliance report specified in Sec.
62.16030(c) to demonstrate continuous compliance.
(d) You must confirm your operating limits according to paragraph
(d)(1) of this section or re-establish operating limits according to
paragraph (d)(2) of this section. Your operating limits must be
established so as to assure ongoing compliance with the emission
limits. These requirements also apply to your operating requirements in
your fugitive emissions monitoring plan specified in Sec. 62.15960(d).
(1) Your operating limits must be based on operating data recorded
during any performance test required in Sec. 62.16000(a) or any
performance evaluation required in Sec. 62.16000(b)(4).
(2) You may conduct a repeat performance test at any time to
establish new values for the operating limits to apply from that point
forward.

Sec. 62.16010 By what date must I conduct annual air pollution
control device inspections and make any necessary repairs?

(a) You must conduct an annual inspection of each air pollution
control device used to comply with the emission limits, according to
Sec. 62.16015(c), no later than 12 months following the previous
annual air pollution control device inspection.
(b) Within 10 operating days following an air pollution control
device inspection, all necessary repairs must be completed unless you
obtain written approval from the Administrator establishing a date
whereby all necessary repairs of the affected SSI unit must be
completed.

Performance Testing, Monitoring, and Calibration Requirements

Sec. 62.16015 What are the performance testing, monitoring, and
calibration requirements for compliance with the emission limits and
standards?

You must meet, as applicable, the performance testing requirements
specified in paragraph (a) of this section, the monitoring requirements
specified in paragraph (b) of this section, the air pollution control
device inspections requirements specified in paragraph (c) of this
section, and the bypass stack provisions specified in paragraph (d) of
this section.
(a) Performance testing requirements. (1) All performance tests
must consist of a minimum of three test runs conducted under conditions
representative of normal operations, as specified in Sec. 60.8(c).
Emissions in excess of the emission limits or standards during periods
of startup, shutdown, and malfunction are considered deviations from
the applicable emission limits or standards.
(2) You must document that the dry sludge burned during the
performance test is representative of the sludge burned under normal
operating conditions by:
(i) Maintaining a log of the quantity of sewage sludge burned
during the performance test by continuously monitoring and recording
the average hourly rate that sewage sludge is fed to the incinerator.
(ii) Maintaining a log of the moisture content of the sewage sludge
burned during the performance test by taking grab samples of the sewage
sludge fed to the incinerator for each 8 hour period that testing is
conducted.
(3) All performance tests must be conducted using the test methods,
minimum sampling volume, observation period, and averaging method
specified in Table 2 or 3 to this subpart.
(4) Method 1 at 40 CFR part 60, appendix A must be used to select
the sampling location and number of traverse points.
(5) Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used
for gas composition analysis, including measurement of oxygen
concentration. Method 3A or 3B at 40 CFR part 60, appendix A-2 must be
used simultaneously with each method.
(6) All pollutant concentrations must be adjusted to 7 percent
oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP27AP15.005

Where:

Cadj = Pollutant concentration adjusted to 7 percent
oxygen.
Cmeas = Pollutant concentration measured on a dry basis.
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen
correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis,
percent.

(7) Performance tests must be conducted and data reduced in
accordance with the test methods and procedures contained in this
subpart unless the Administrator does one of the following.
(i) Specifies or approves, in specific cases, the use of a method
with minor changes in methodology.
(ii) Approves the use of an equivalent method.
(iii) Approves the use of an alternative method the results of
which he has determined to be adequate for indicating whether a
specific source is in compliance.
(iv) Waives the requirement for performance tests because you have
demonstrated by other means to the Administrator's satisfaction that
the affected SSI unit is in compliance with the standard.
(v) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors. Nothing in this
paragraph is construed to abrogate the Administrator's authority to
require testing under section 114 of the Clean Air Act.
(8) You must provide the Administrator at least 30 days prior
notice of any performance test, except as specified under other
subparts, to afford the Administrator the opportunity to have an
observer present. If after 30 days' notice for an initially scheduled
performance test, there is a delay (due to operational problems, etc.)
in conducting the scheduled performance test, you must notify the
Administrator as soon as possible of any delay in the original test
date, either by providing at

[[Page 23426]]

least 7 days prior notice of the rescheduled date of the performance
test, or by arranging a rescheduled date with the Administrator by
mutual agreement.
(9) You must provide, or cause to be provided, performance testing
facilities as follows:
(i) Sampling ports adequate for the test methods applicable to the
SSI unit, as follows:
(A) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures.
(B) Providing a stack or duct free of cyclonic flow during
performance tests, as demonstrated by applicable test methods and
procedures.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling platform(s).
(iv) Utilities for sampling and testing equipment.
(10) Unless otherwise specified in this subpart, each performance
test must consist of three separate runs using the applicable test
method. Each run must be conducted for the time and under the
conditions specified in the applicable standard. Compliance with each
emission limit must be determined by calculating the arithmetic mean of
the three runs. In the event that a sample is accidentally lost or
conditions occur in which one of the three runs must be discontinued
because of forced shutdown, failure of an irreplaceable portion of the
sample train, extreme meteorological conditions, or other
circumstances, beyond your control, compliance may, upon the
Administrator's approval, be determined using the arithmetic mean of
the results of the two other runs.
(11) During each test run specified in paragraph (a)(1) of this
section, you must operate your sewage sludge incinerator at a minimum
of 85 percent of your maximum permitted capacity.
(b) Continuous monitor requirements. You must meet the following
requirements, as applicable, when using a continuous monitoring system
to demonstrate compliance with the emission limits in Table 2 or 3 to
this subpart. The option to use a continuous emissions monitoring
system for hydrogen chloride, dioxins/furans, cadmium, or lead takes
effect on the date a final performance specification applicable to
hydrogen chloride, dioxins/furans, cadmium or lead is published in the
Federal Register. If you elect to use a continuous emissions monitoring
system instead of conducting annual performance testing, you must meet
the requirements of paragraphs (b)(1) through (6) of this section. If
you elect to use a continuous automated sampling system instead of
conducting annual performance testing, you must meet the requirements
of paragraph (b)(7) of this section. The option to use a continuous
automated sampling system for dioxins/furans takes effect on the date a
final performance specification for such a continuous automated
sampling system is published in the Federal Register.
(1) You must notify the Administrator 1 month before starting use
of the continuous emissions monitoring system.
(2) You must notify the Administrator 1 month before stopping use
of the continuous emissions monitoring system, in which case you must
also conduct a performance test within prior to ceasing operation of
the system.
(3) You must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the emissions to
the atmosphere in accordance with the following:
(i) Section 60.13 of subpart A of part 60.
(ii) The following performance specifications of appendix B of part
60, as applicable:
(A) For particulate matter, Performance Specification 11 of
appendix B of part 60.
(B) For hydrogen chloride, Performance Specification 15 of appendix
B of part 60.
(C) For carbon monoxide, Performance Specification 4B of appendix B
of part 60 with spans appropriate to the applicable emission limit.
(D) [Reserved]
(E) For mercury, Performance Specification 12A of appendix B of
part 60.
(F) For nitrogen oxides, Performance Specification 2 of appendix B
of part 60.
(G) For sulfur dioxide, Performance Specification 2 of appendix B
of part 60.
(iii) For continuous emissions monitoring systems, the quality
assurance procedures (e.g., quarterly accuracy determinations and daily
calibration drift tests) of appendix F of this part specified in
paragraphs (b)(3)(iii)(A) through (G) of this section. For each
pollutant, the span value of the continuous emissions monitoring system
is two times the applicable emission limit, expressed as a
concentration.
(A) For particulate matter, Procedure 2 in appendix F of part 60.
(B) For hydrogen chloride, Procedure 1 in appendix F of part 60
except that the Relative Accuracy Test Audit requirements of Procedure
1 shall be replaced with the validation requirements and criteria of
sections 11.1.1 and 12.0 of Performance Specification 15 of appendix B
of part 60.
(C) For carbon monoxide, Procedure 1 in appendix F of part 60.
(D) [Reserved]
(E) For mercury, Procedures 5 in appendix F of part 60.
(F) For nitrogen oxides, Procedure 1 in appendix F of part 60.
(G) For sulfur dioxide, Procedure 1 in appendix F of part 60.
(iv) If your monitoring system has a malfunction or out-of-control
period, you must complete repairs and resume operation of your
monitoring system as expeditiously as possible.
(4) During each relative accuracy test run of the continuous
emissions monitoring system using the performance specifications in
paragraph (b)(3)(ii) of this section, emission data for each regulated
pollutant and oxygen (or carbon dioxide as established in (b)(5) of
this section) must be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emissions monitoring systems and
the test methods specified in paragraph (b)(4)(i) through (viii) of
this section. Relative accuracy testing must be at representative
operating conditions while the SSI unit is charging sewage sludge.
(i) For particulate matter, Method 5 at 40 CFR part 60, appendix A-
3 or Method 26A or 29 at 40 CFR part 60, appendix A-8 shall be used.
(ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60,
appendix A-8, shall be used, as specified in Tables 2 and 3 to this
subpart.
(iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part
60, appendix A-4, shall be used.
(iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A-7,
shall be used.
(v) For mercury, cadmium and lead, Method 29 at 40 CFR part 60,
appendix A-8, shall be used. Alternatively for mercury, either Method
30B at 40 CFR part 60, appendix A-8 or ASTM D6784-02 (Reapproved 2008)
(incorporated by reference, see Sec. 60.17), may be used.
(vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60,
appendix A-4, shall be used.
(vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60,
appendix A-4, or as an alternative ANSI/ASME PTC 19.10-1981
(incorporated by reference, see Sec. 60.17) must be used. For sources
that have actual inlet emissions less than 100 parts per million dry
volume, the relative accuracy criterion for the

[[Page 23427]]

inlet of the sulfur dioxide continuous emissions monitoring system
should be no greater than 20 percent of the mean value of the method
test data in terms of the units of the emission standard, or 5 parts
per million dry volume absolute value of the mean difference between
the method and the continuous emissions monitoring system, whichever is
greater.
(viii) For oxygen (or carbon dioxide as established in (b)(5) of
this section), Method 3A or 3B at 40 CFR part 60, appendix A-2, or as
an alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see
Sec. 60.17), as applicable, must be used.
(5) You may request that compliance with the emission limits be
determined using carbon dioxide measurements corrected to an equivalent
of 7 percent oxygen. If carbon dioxide is selected for use in diluent
corrections, the relationship between oxygen and carbon dioxide levels
must be established during the initial performance test according to
the procedures and methods specified in paragraphs (b)(5)(i) through
(iv) of this section. This relationship may be re-established during
subsequent performance tests.
(i) The fuel factor equation in Method 3B at 40 CFR part 60,
appendix A-2 must be used to determine the relationship between oxygen
and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR
part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981
(incorporated by reference, see Sec. 60.17), as applicable, must be
used to determine the oxygen concentration at the same location as the
carbon dioxide monitor.
(ii) Samples must be taken for at least 30 minutes in each hour.
(iii) Each sample must represent a 1-hour average.
(iv) A minimum of three runs must be performed.
(6) You must operate the continuous monitoring system and collect
data with the continuous monitoring system as follows:
(i) You must collect data using the continuous monitoring system at
all times the affected SSI unit is operating and at the intervals
specified in paragraph (b)(6)(ii) of this section, except for periods
of monitoring system malfunctions that occur during periods specified
in Sec. 62.15995(a)(7)(i), repairs associated with monitoring system
malfunctions, and required monitoring system quality assurance or
quality control activities (including, as applicable, calibration
checks and required zero and span adjustments). Any such periods that
you do not collect data using the continuous monitoring system
constitute a deviation from the monitoring requirements and must be
reported in a deviation report.
(ii) You must collect continuous emissions monitoring system data
in accordance with Sec. 60.13(e)(2).
(iii) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or control activities must not be
included in calculations used to report emissions or operating levels.
Any such periods must be reported in a deviation report.
(iv) Any data collected during periods when the monitoring system
is out of control as specified in Sec. 60.4880(a)(7)(i), repairs
associated with periods when the monitoring system is out of control,
or required monitoring system quality assurance or control activities
conducted during out-of-control periods must not be included in
calculations used to report emissions or operating levels. Any such
periods that do not coincide with a monitoring system malfunction as
defined in Sec. 62.16045, constitute a deviation from the monitoring
requirements and must be reported in a deviation report.
(v) You must use all the data collected during all periods except
those periods specified in paragraphs (b)(6)(iii) and (iv) of this
section in assessing the operation of the control device and associated
control system.
(7) If you elect to use a continuous automated sampling system
instead of conducting annual performance testing, you must:
(i) Install, calibrate, maintain and operate a continuous automated
sampling system according to the site-specific monitoring plan
developed in Sec. 60.58b(p)(1) through (6), (9), (10), and (q).
(ii) Collect data according to Sec. 60.58b(p)(5) and paragraph
(b)(6) of this section.
(c) Air pollution control device inspections. You must conduct air
pollution control device inspections that include, at a minimum, the
following:
(1) Inspect air pollution control device(s) for proper operation.
(2) Generally observe that the equipment is maintained in good
operating condition.
(3) Develop a site-specific monitoring plan according to the
requirements in Sec. 62.15995. This requirement also applies to you if
you petition the EPA Administrator for alternative monitoring
parameters under Sec. 60.13(i).
(d) Bypass stack. Use of the bypass stack at any time that sewage
sludge is being charged to the SSI unit is an emissions standards
deviation for all pollutants listed in Table 2 or 3 to this subpart.
The use of the bypass stack during a performance test invalidates the
performance test.

Sec. 62.16020 What are the monitoring and calibration requirements
for compliance with my operating limits?

(a) You must install, operate, calibrate and maintain the
continuous parameter monitoring systems according to the requirements
in paragraphs (a)(1) and (2) of this section.
(1) Meet the following general requirements for flow, pressure, pH
and operating temperature measurement devices:
(i) You must collect data using the continuous monitoring system at
all times the affected SSI unit is operating and at the intervals
specified in paragraph (a)(1)(ii) of this section, except for periods
of monitoring system malfunctions that occur during periods specified
defined in Sec. 62.15995(a)(7)(i), repairs associated with monitoring
system malfunctions, and required monitoring system quality assurance
or quality control activities (including, as applicable, calibration
checks and required zero and span adjustments). Any such periods that
you do not collect data using the continuous monitoring system
constitute a deviation from the monitoring requirements and must be
reported in a deviation report.
(ii) You must collect continuous parameter monitoring system data
in accordance with Sec. 60.13(e)(2).
(iii) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or control activities must not be
included in calculations used to report emissions or operating levels.
Any such periods must be reported in your annual deviation report.
(iv) Any data collected during periods when the monitoring system
is out of control as specified in Sec. 62.15995(a)(7)(i) must not be
included in calculations used to report emissions or operating levels.
Any such periods that do not coincide with a monitoring system
malfunction, as defined in Sec. 62.16045, constitute a deviation from
the monitoring requirements and must be reported in a deviation report.
(v) You must use all the data collected during all periods except
those periods specified in paragraphs (a)(1)(iii) and (iv) of this
section in assessing the operation of the control device and associated
control system.

[[Page 23428]]

(vi) Record the results of each inspection, calibration and
validation check.
(2) Operate and maintain your continuous monitoring system
according to your monitoring plan required under Sec. 60.4880.
Additionally:
(i) For carrier gas flow rate monitors (for activated carbon
injection), during the performance test conducted pursuant to Sec.
60.4885, you must demonstrate that the system is maintained within
5 percent accuracy, according to the procedures in appendix
A to part 75 of this chapter.
(ii) For carrier gas pressure drop monitors (for activated carbon
injection), during the performance test conducted pursuant to Sec.
60.4885, you must demonstrate that the system is maintained within
5 percent accuracy.
(b) You must operate and maintain your bag leak detection system in
continuous operation according to your monitoring plan required under
Sec. 60.4880. Additionally:
(1) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a bag leak detection
system must be installed in each baghouse compartment or cell.
(2) Where multiple bag leak detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(3) You must initiate procedures to determine the cause of every
alarm within 8 hours of the alarm, and you must alleviate the cause of
the alarm within 24 hours of the alarm by taking whatever corrective
action(s) are necessary. Corrective actions may include, but are not
limited to the following:
(i) Inspecting the fabric filter for air leaks, torn or broken bags
or filter media or any other condition that may cause an increase in
particulate matter emissions.
(ii) Sealing off defective bags or filter media.
(iii) Replacing defective bags or filter media or otherwise
repairing the control device.
(iv) Sealing off a defective fabric filter compartment.
(v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system.
(vi) Shutting down the process producing the particulate matter
emissions.
(c) You must operate and maintain the continuous parameter
monitoring systems specified in paragraphs (a) and (b) of this section
in continuous operation according to your monitoring plan required
under Sec. 60.4880.
(d) If your SSI unit has a bypass stack, you must install,
calibrate (to manufacturers' specifications), maintain and operate a
device or method for measuring the use of the bypass stack including
date, time and duration.

Recordkeeping and Reporting

Sec. 62.16025 What records must I keep?

You must maintain the items (as applicable) specified in paragraphs
(a) through (n) of this section for a period of at least 5 years. All
records must be available on site in either paper copy or computer-
readable format that can be printed upon request, unless an alternative
format is approved by the Administrator.
(a) Date. Calendar date of each record.
(b) Increments of progress. Copies of the final control plan and
any additional notifications, reported under Sec. 62.16030.
(c) Operator Training. Documentation of the operator training
procedures and records specified in paragraphs (c)(1) through (4) of
this section. You must make available and readily accessible at the
facility at all times for all SSI unit operators the documentation
specified in paragraph (c)(1) of this section.
(1) Documentation of the following operator training procedures and
information:
(i) Summary of the applicable standards under this subpart.
(ii) Procedures for receiving, handling and feeding sewage sludge.
(iii) Incinerator startup, shutdown, and malfunction preventative
and corrective procedures.
(iv) Procedures for maintaining proper combustion air supply
levels.
(v) Procedures for operating the incinerator and associated air
pollution control systems within the standards established under this
subpart.
(vi) Monitoring procedures for demonstrating compliance with the
incinerator operating limits.
(vii) Reporting and recordkeeping procedures.
(viii) Procedures for handling ash.
(ix) A list of the materials burned during the performance test, if
in addition to sewage sludge.
(x) For each qualified operator and other plant personnel who may
operate the unit according to the provisions of Sec. 62.15945(a), the
phone and/or pager number at which they can be reached during operating
hours.
(2) Records showing the names of SSI unit operators and other plant
personnel who may operate the unit according to the provisions of Sec.
62.15945(a), as follows:
(i) Records showing the names of SSI unit operators and other plant
personnel who have completed review of the information in paragraph
(c)(1) of this section as required by Sec. 62.15950(b), including the
date of the initial review and all subsequent annual reviews.
(ii) Records showing the names of the SSI operators who have
completed the operator training requirements under Sec. 62.15920, met
the criteria for qualification under Sec. 62.15930, and maintained or
renewed their qualification under Sec. 62.15935 or Sec. 62.15940.
Records must include documentation of training, including the dates of
their initial qualification and all subsequent renewals of such
qualifications.
(3) Records showing the periods when no qualified operators were
accessible for more than 8 hours, but less than 2 weeks, as required in
Sec. 62.15945(a).
(4) Records showing the periods when no qualified operators were
accessible for 2 weeks or more along with copies of reports submitted
as required in Sec. 62.15945(b).
(d) Air pollution control device inspections. Records of the
results of initial and annual air pollution control device inspections
conducted as specified in Sec. Sec. 62.15990 and 62.16015(c),
including any required maintenance and any repairs not completed within
10 days of an inspection or the timeframe established by the
Administrator.
(e) Performance test reports. (1) The results of the initial,
annual and any subsequent performance tests conducted to determine
compliance with the emission limits and standards and/or to establish
operating limits, as applicable.
(2) Retain a copy of the complete performance test report,
including calculations.
(3) Keep a record of the hourly dry sludge feed rate measured
during performance test runs as specified in Sec. 62.16015(a)(2)(i).
(4) Keep any necessary records to demonstrate that the performance
test was conducted under conditions representative of normal
operations, including a record of the moisture content measured as
required in Sec. 62.16015(a)(2)(ii) for each grab sample taken of the
sewage sludge burned during the performance test.
(f) Continuous monitoring data. Records of the following data, as
applicable:
(1) For continuous emissions monitoring systems, all 1-hour average
concentrations of particulate matter, hydrogen chloride, carbon
monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides,
sulfur dioxide, cadmium and lead emissions.

[[Page 23429]]

(2) For continuous automated sampling systems, all average
concentrations measured for mercury and dioxins/furans total mass basis
at the frequencies specified in your monitoring plan.
(3) For continuous parameter monitoring systems:
(i) All 1-hour average values recorded for the following operating
parameters, as applicable:
(A) Combustion chamber operating temperature (or afterburner
temperature).
(B) If a wet scrubber is used to comply with the rule, pressure
drop across each wet scrubber system and liquid flow rate to each wet
scrubber used to comply with the emission limit in Table 2 or 3 to this
subpart for particulate matter, cadmium or lead and scrubber liquid
flow rate and scrubber liquid pH for each wet scrubber used to comply
with an emission limit in Table 2 or 3 to this subpart for sulfur
dioxide or hydrogen chloride.
(C) If an electrostatic precipitator is used to comply with the
rule, secondary voltage of the electrostatic precipitator collection
plates and secondary amperage of the electrostatic precipitator
collection plates and effluent water flow rate at the outlet of the wet
electrostatic precipitator.
(D) If activated carbon injection is used to comply with the rule,
sorbent flow rate and carrier gas flow rate or pressure drop, as
applicable.
(ii) All daily average values recorded for the feed rate and
moisture content of the sewage sludge fed to the sewage sludge
incinerator, monitored and calculated as specified in Sec.
62.15960(f).
(iii) If a fabric filter is used to comply with the rule, the date,
time and duration of each alarm and the time corrective action was
initiated and completed, and a brief description of the cause of the
alarm and the corrective action taken. You must also record the percent
of operating time during each 6-month period that the alarm sounds,
calculated as specified in Sec. 62.16005.
(iv) For other control devices for which you must establish
operating limits under Sec. 62.15965, you must maintain data collected
for all operating parameters used to determine compliance with the
operating limits, at the frequencies specified in your monitoring plan.
(g) Other records for continuous monitoring systems. You must keep
the following records, as applicable:
(1) Keep records of any notifications to the Administrator in Sec.
60.4915(h)(1) of starting or stopping use of a continuous monitoring
system for determining compliance with any emissions limit.
(2) Keep records of any requests under Sec. 62.16015(b)(5) that
compliance with the emission limits be determined using carbon dioxide
measurements corrected to an equivalent of 7 percent oxygen.
(3) If activated carbon injection is used to comply with the rule,
the type of sorbent used and any changes in the type of sorbent used.
(h) Deviation Reports. Records of any deviation reports submitted
under Sec. 62.16030(e) and (f).
(i) Equipment specifications and operation and maintenance
requirements. Equipment specifications and related operation and
maintenance requirements received from vendors for the incinerator,
emission controls and monitoring equipment.
(j) Inspections, calibrations and validation checks of monitoring
devices. Records of inspections, calibration and validation checks of
any monitoring devices as required under Sec. Sec. 62.16015 and
62.16020.
(k) Monitoring plan and performance evaluations for continuous
monitoring systems. Records of the monitoring plans required under
Sec. 62.15995, and records of performance evaluations required under
Sec. 62.16000(b)(5).
(l) Less frequent testing. If, consistent with Sec.
62.16000(a)(3), you elect to conduct performance tests less frequently
than annually, you must keep annual records that document that your
emissions in the two previous consecutive years were at or below 75
percent of the applicable emission limit in Table 1 or 2 to this
subpart, and document that there were no changes in source operations
or air pollution control equipment that would cause emissions of the
relevant pollutant to increase within the past 2 years.
(m) Use of bypass stack. Records indicating use of the bypass
stack, including dates, times and durations as required under Sec.
62.16020(d).
(n) If a malfunction occurs, you must keep a record of the
information submitted in your annual report in Sec. 62.16030(c)(16).

Sec. 62.16030 What reports must I submit?

You must submit the reports to the Administrator specified in
paragraphs (a) through (i) of this section. See Table 6 to this subpart
for a summary of these reports.
(a) Increments of progress report. If you plan to achieve
compliance more than 1 year following the effective date of state plan
approval, you must submit the following reports, as applicable:
(1) A final control plan as specified in Sec. Sec. 62.15875(b)(1)
and 62.15900.
(2) You must submit your notification of achievement of increments
of progress no later than 10 business days after the compliance date
for the increment as specified in Sec. Sec. 62.15885 and 62.15890.
(3) If you fail to meet an increment of progress, you must submit a
notification to the Administrator postmarked within 10 business days
after the date for that increment, as specified in Sec. 62.15895.
(4) If you plan to close your SSI unit rather than comply with the
Federal Plan, submit a closure notification as specified in Sec.
62.15915.
(b) Initial compliance report. You must submit the following
information no later than 60 days following the initial performance
test.
(1) Company name, physical address and mailing address.
(2) Statement by a responsible official, with that official's name,
title and signature, certifying the accuracy of the content of the
report.
(3) Date of report.
(4) The complete test report for the initial performance test
results obtained by using the test methods specified in Table 2 or 3 to
this subpart.
(5) If an initial performance evaluation of a continuous monitoring
system was conducted, the results of that initial performance
evaluation.
(6) The values for the site-specific operating limits established
pursuant to Sec. Sec. 62.15960 and 62.15965 and the calculations and
methods, as applicable, used to establish each operating limit.
(7) If you are using a fabric filter to comply with the emission
limits, documentation that a bag leak detection system has been
installed and is being operated, calibrated, and maintained as required
by Sec. 62.15960(b).
(8) The results of the initial air pollution control device
inspection required in Sec. 62.15990, including a description of
repairs.
(9) The site-specific monitoring plan required under Sec.
62.15995, at least 60 days before your initial performance evaluation
of your continuous monitoring system.
(10) The site-specific monitoring plan for your ash handling system
required under Sec. 62.15995, at least 60 days before your initial
performance test to demonstrate compliance with your fugitive ash
emission limit.
(c) Annual compliance report. You must submit an annual compliance
report that includes the items listed in paragraphs (c)(1) through (16)
of this section for the reporting period specified in paragraph (c)(3)
of this section. You must submit your first annual compliance report no
later than 12 months following the submission of

[[Page 23430]]

the initial compliance report in paragraph (b) of this section. You
must submit subsequent annual compliance reports no more than 12 months
following the previous annual compliance report. (You may be required
to submit similar or additional compliance information more frequently
by the title V operating permit required in Sec. 62.16035.)
(1) Company name, physical address and mailing address.
(2) Statement by a responsible official, with that official's name,
title and signature, certifying the accuracy of the content of the
report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If a performance test was conducted during the reporting
period, the results of that performance test.
(i) If operating limits were established during the performance
test, include the value for each operating limit and, as applicable,
the method used to establish each operating limit, including
calculations.
(ii) If activated carbon is used during the performance test,
include the type of activated carbon used.
(5) For each pollutant and operating parameter recorded using a
continuous monitoring system, the highest average value and lowest
average value recorded during the reporting period, as follows:
(i) For continuous emission monitoring systems and continuous
automated sampling systems, report the highest and lowest 24-hour
average emission value.
(ii) For continuous parameter monitoring systems, report the
following values:
(A) For all operating parameters except scrubber liquid pH, the
highest and lowest 12-hour average values.
(B) For scrubber liquid pH, the highest and lowest 3-hour average
values.
(6) If there are no deviations during the reporting period from any
emission limit, emission standard or operating limit that applies to
you, a statement that there were no deviations from the emission
limits, emission standard or operating limits.
(7) Information for bag leak detection systems recorded under Sec.
62.16025(f)(3)(iii).
(8) If a performance evaluation of a continuous monitoring system
was conducted, the results of that performance evaluation. If new
operating limits were established during the performance evaluation,
include your calculations for establishing those operating limits.
(9) If you elect to conduct performance tests less frequently as
allowed in Sec. 62.16000(a)(3) and did not conduct a performance test
during the reporting period, you must include the dates of the last two
performance tests, a comparison of the emission level you achieved in
the last two performance tests to the 75 percent emission limit
threshold specified in Sec. 62.16000(a)(3), and a statement as to
whether there have been any process changes and whether the process
change resulted in an increase in emissions.
(10) Documentation of periods when all qualified sewage sludge
incineration unit operators were unavailable for more than 8 hours, but
less than 2 weeks.
(11) Results of annual air pollution control device inspections
recorded under Sec. 62.16025(d) for the reporting period, including a
description of repairs.
(12) If there were no periods during the reporting period when your
continuous monitoring systems had a malfunction, a statement that there
were no periods during which your continuous monitoring systems had a
malfunction.
(13) If there were no periods during the reporting period when a
continuous monitoring system was out of control, a statement that there
were no periods during which your continuous monitoring systems were
out of control.
(14) If there were no operator training deviations, a statement
that there were no such deviations during the reporting period.
(15) If you did not make revisions to your site-specific monitoring
plan during the reporting period, a statement that you did not make any
revisions to your site-specific monitoring plan during the reporting
period. If you made revisions to your site-specific monitoring plan
during the reporting period, a copy of the revised plan.
(16) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction that occurred during the
reporting period and that caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec. 60.11(d), including actions taken to correct a malfunction.
(d) Deviation reports. (1) You must submit a deviation report if:
(i) Any recorded operating parameter level, based on the averaging
time specified in Table 4 to this subpart, is above the maximum
operating limit or below the minimum operating limit established under
this subpart.
(ii) The bag leak detection system alarm sounds for more than 5
percent of the operating time for the 6-month reporting period.
(iii) Any recorded 24-hour block average emissions level is above
the emission limit, if a continuous monitoring system is used to comply
with an emission limit.
(iv) There are visible emissions of combustion ash from an ash
conveying system for more than 5 percent of any compliance test hourly
observation period.
(v) A performance test was conducted that deviated from any
emission limit in Table 2 or 3 to this subpart.
(vi) A continuous monitoring system was out of control.
(vii) You had a malfunction (e.g., continuous monitoring system
malfunction) that caused or may have caused any applicable emission
limit to be exceeded.
(2) The deviation report must be submitted by August 1 of that year
for data collected during the first half of the calendar year (January
1 to June 30), and by February 1 of the following year for data you
collected during the second half of the calendar year (July 1 to
December 31).
(3) For each deviation where you are using a continuous monitoring
system to comply with an associated emission limit or operating limit,
report the items described in paragraphs (d)(3)(i) through (viii) of
this section.
(i) Company name, physical address and mailing address.
(ii) Statement by a responsible official, with that official's
name, title and signature, certifying the accuracy of the content of
the report.
(iii) The calendar dates and times your unit deviated from the
emission limits, emission standards or operating limits requirements.
(iv) The averaged and recorded data for those dates.
(v) Duration and cause of each deviation from the following:
(A) Emission limits, emission standards, operating limits and your
corrective actions.
(B) Bypass events and your corrective actions.
(vi) Dates, times and causes for monitor downtime incidents.
(vii) A copy of the operating parameter monitoring data during each
deviation and any test report that documents the emission levels.
(viii) If there were periods during which the continuous monitoring
system malfunctioned or was out of control, you must include the
following

[[Page 23431]]

information for each deviation from an emission limit or operating
limit:
(A) The date and time that each malfunction started and stopped.
(B) The date, time and duration that each continuous monitoring
system was inoperative, except for zero (low-level) and high-level
checks.
(C) The date, time and duration that each continuous monitoring
system was out of control, including start and end dates and hours and
descriptions of corrective actions taken.
(D) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction, during
a period when the system as out of control or during another period.
(E) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
(F) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes and other unknown causes.
(G) A summary of the total duration of continuous monitoring system
downtime during the reporting period, and the total duration of
continuous monitoring system downtime as a percent of the total
operating time of the SSI unit at which the continuous monitoring
system downtime occurred during that reporting period.
(H) An identification of each parameter and pollutant that was
monitored at the SSI unit.
(I) A brief description of the SSI unit.
(J) A brief description of the continuous monitoring system.
(K) The date of the latest continuous monitoring system
certification or audit.
(L) A description of any changes in continuous monitoring system,
processes, or controls since the last reporting period.
(4) For each deviation where you are not using a continuous
monitoring system to comply with the associated emission limit or
operating limit, report the following items:
(i) Company name, physical address and mailing address.
(ii) Statement by a responsible official, with that official's
name, title and signature, certifying the accuracy of the content of
the report.
(iii) The total operating time of each affected source during the
reporting period.
(iv) The calendar dates and times your unit deviated from the
emission limits, emission standards or operating limits requirements.
(v) The averaged and recorded data for those dates.
(vi) Duration and cause of each deviation from the following:
(A) Emission limits, emission standards, operating limits and your
corrective actions.
(B) Bypass events and your corrective actions.
(vii) A copy of any performance test report that showed a deviation
from the emission limits or standards.
(viii) A brief description of any malfunction reported in paragraph
(d)(1)(vii) of this section, including a description of actions taken
during the malfunction to minimize emissions in accordance with Sec.
60.11(d) and to correct the malfunction.
(e) Qualified operator deviation. (1) If all qualified operators
are not accessible for 2 weeks or more, you must take the two actions
in paragraphs (e)(1)(i) and (ii) of this section.
(i) Submit a notification of the deviation within 10 days that
includes the three items in paragraphs (e)(1)(i)(A) through(C) of this
section.
(A) A statement of what caused the deviation.
(B) A description of actions taken to ensure that a qualified
operator is accessible.
(C) The date when you anticipate that a qualified operator will be
available.
(ii) Submit a status report to the Administrator every 4 weeks that
includes the three items in paragraphs (e)(1)(ii)(A) through (C) of
this section.
(A) A description of actions taken to ensure that a qualified
operator is accessible.
(B) The date when you anticipate that a qualified operator will be
accessible.
(C) Request for approval from the Administrator to continue
operation of the SSI unit.
(2) If your unit was shut down by the Administrator, under the
provisions of Sec. 62.15945(b)(2)(i), due to a failure to provide an
accessible qualified operator, you must notify the Administrator within
five days of meeting Sec. 62.15945(b)(2)(ii) that you are resuming
operation.
(f) Notification of a force majeure. If a force majeure is about to
occur, occurs, or has occurred for which you intend to assert a claim
of force majeure:
(1) You must notify the Administrator, in writing as soon as
practicable following the date you first knew, or through due
diligence, should have known that the event may cause or caused a delay
in conducting a performance test beyond the regulatory deadline, but
the notification must occur before the performance test deadline unless
the initial force majeure or a subsequent force majeure event delays
the notice, and in such cases, the notification must occur as soon as
practicable.
(2) You must provide to the Administrator a written description of
the force majeure event and a rationale for attributing the delay in
conducting the performance test beyond the regulatory deadline to the
force majeure; describe the measures taken or to be taken to minimize
the delay; and identify a date by which you propose to conduct the
performance test.
(g) Other notifications and reports required. You must submit other
notifications as provided by Sec. 60.7 and as follows:
(1) You must notify the Administrator 1 month before starting or
stopping use of a continuous monitoring system for determining
compliance with any emission limit.
(2) You must notify the Administrator at least 30 days prior to any
performance test conducted to comply with the provisions of this
subpart, to afford the Administrator the opportunity to have an
observer present.
(3) As specified in Sec. 62.16015(a)(8), you must notify the
Administrator at least 7 days prior to the date of a rescheduled
performance test for which notification was previously made in
paragraph (g)(2) of this section.
(h) Report submission form. (1) Submit initial, annual and
deviation reports electronically or in paper format, postmarked on or
before the submittal due dates.
(2) Submit performance tests and evaluations according to
paragraphs (i) and (ii) below.
(i) Within 60 days after the date of completing each performance
test (see Sec. 60.8) required by this subpart, you must submit the
results of the performance test according to the method specified by
either paragraph (A) or (B) of this section.
(A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www.epa.gov/ttn/chief/ert/), you must submit the
results of the performance test to the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through the EPA's Central
Data Exchange (CDX) (https://cdx.epa.gov/epa_home.asp), unless the
Administrator approves another approach. Performance test data must be
submitted in a file format generated through the use of the EPA's ERT.
If you claim that some of the performance test information being
transmitted is confidential business information (CBI),

[[Page 23432]]

you must submit a complete file generated through the use of the EPA's
ERT, including information claimed to be CBI, on a compact disk, flash
drive, or other commonly used electronic storage media to the EPA. The
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT
file with the CBI omitted must be submitted to the EPA via CDX as
described earlier in this paragraph.
(B) For any performance tests conducted using test methods that are
not supported by the EPA's ERT as listed on the EPA's ERT Web site, you
must submit the results of the performance test to the Administrator at
the appropriate address listed in Sec. 60.4.
(ii) Within 60 days after the date of completing each CEMS
performance evaluation (as defined in Sec. 63.2), you must submit the
results of the performance evaluation according to the method specified
by either paragraph (A) or (B) of this section.
(A) For data collection of relative accuracy test audit (RATA)
pollutants that are supported by the EPA's ERT as listed on the EPA's
ERT Web site, you must submit the results of the performance evaluation
to the CEDRI that is accessed through the EPA's CDX, unless the
Administrator approves another approach. Performance evaluation data
must be submitted in a file format generated through the use of the
EPA's ERT. If you claim that some of the performance evaluation
information being transmitted is CBI, you must submit a complete file
generated through the use of the EPA's ERT, including information
claimed to be CBI, on a compact disk or other commonly used electronic
storage media (including, but not limited to, flash drives) by
registered letter to the EPA. The compact disk shall be clearly marked
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT file with the CBI omitted must be
submitted to the EPA via CDX as described earlier in this paragraph.
(B) For any performance evaluations with RATA pollutants that are
not supported by the EPA's ERT as listed on the EPA's ERT Web site, you
shall submit the results of the performance evaluation to the
Administrator at the appropriate address listed in Sec. 60.4.
(3) Changing report dates. If the Administrator agrees, you may
change the semiannual or annual reporting dates. See Sec. 60.19(c) for
procedures to seek approval to change your reporting date.

Title V Operating Permits

Sec. 62.16035 Am I required to apply for and obtain a Title V
operating permit for my existing SSI unit?

Yes, if you are subject to an applicable EPA-approved and effective
CAA section 111(d)/129 state or tribal plan or an applicable and
effective Federal Plan, you are required to apply for and obtain a
Title V operating permit for your existing SSI unit unless you meet the
relevant requirements for an exemption specified in Sec. 62.15860.

Sec. 62.16040 When must I submit a Title V permit application for my
existing SSI unit?

(a) If your existing SSI unit is not subject to an earlier permit
application deadline, a complete title V permit application must be
submitted on or before the earlier of the dates specified in paragraphs
(a)(1) through (3) of this section. (See sections 129(e), 503(c),
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40
CFR 71.5(a)(1)(i)).
(1) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 state or tribal plan.
(2) 12 months after the effective date of any applicable Federal
Plan.
(3) March 21, 2014.
(b) For any existing unit not subject to an earlier permit
application deadline, the application deadline of 36 months after the
promulgation of 40 CFR part 60, subpart MMMM applies regardless of
whether or when any applicable Federal Plan is effective, or whether or
when any applicable Clean Air Act section 111(d)/129 state or tribal
plan is approved by the EPA and becomes effective.
(c) If your existing unit is subject to title V as a result of some
triggering requirement(s) other than those specified in paragraphs (a)
and (b) of this section (for example, a unit may be a major source or
part of a major source), then your unit may be required to apply for a
title V permit prior to the deadlines specified in paragraphs (a) and
(b). If more than one requirement triggers a source's obligation to
apply for a title V permit, the 12-month time frame for filing a title
V permit application is triggered by the requirement which first causes
the source to be subject to title V. (See section 503(c) of the Clean
Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR
71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
(d) A ``complete'' title V permit application is one that has been
determined or deemed complete by the relevant permitting authority
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40
CFR 71.5(a)(2). You must submit a complete permit application by the
relevant application deadline in order to operate after this date in
compliance with federal law. (See sections 503(d) and 502(a) of the
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Definitions

Sec. 62.16045 What definitions must I know?

Terms used but not defined in this subpart are defined in the Clean
Air Act and Sec. 60.2.
Administrator means:
(1) For units covered by the Federal Plan, the Administrator of the
EPA or his/her authorized representative (e.g. delegated authority).
(2) For units covered by an approved state plan, the director of
the state air pollution control agency or his/her authorized
representative.
Affected source means a sewage sludge incineration unit as defined
in Sec. 62.16045.
Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil
or diesel fuel.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter (i.e., baghouse) in order to detect bag failures. A bag leak
detection system includes, but is not limited to, an instrument that
operates on triboelectric, light scattering, light transmittance or
other principle to monitor relative particulate matter loadings.
Bypass stack means a device used for discharging combustion gases
to avoid severe damage to the air pollution control device or other
equipment.
Calendar year means 365 consecutive days starting on January 1 and
ending on December 31.
Continuous automated sampling system means the total equipment and
procedures for automated sample collection and sample recovery/analysis
to determine a pollutant concentration or emission rate by collecting a
single integrated sample(s) or multiple integrated sample(s) of the
pollutant (or

[[Page 23433]]

diluent gas) for subsequent on- or off-site analysis; integrated
sample(s) collected are representative of the emissions for the sample
time as specified by the applicable requirement.
Continuous emissions monitoring system means a monitoring system
for continuously measuring and recording the emissions of a pollutant
from an affected facility.
Continuous monitoring system (CMS) means a continuous emissions
monitoring system, continuous automated sampling system, continuous
parameter monitoring system or other manual or automatic monitoring
that is used for demonstrating compliance with an applicable regulation
on a continuous basis as defined by this subpart. The term refers to
the total equipment used to sample and condition (if applicable), to
analyze and to provide a permanent record of emissions or process
parameters.
Continuous parameter monitoring system means a monitoring system
for continuously measuring and recording operating conditions
associated with air pollution control device systems (e.g., operating
temperature, pressure and power).
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limit, operating
limit, or operator qualification and accessibility requirements.
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
Electrostatic precipitator or wet electrostatic precipitator means
an air pollution control device that uses both electrical forces and,
if applicable, water to remove pollutants in the exit gas from a sewage
sludge incinerator stack.
Existing sewage sludge incineration unit means a sewage sludge
incineration unit the construction of which is commenced on or before
October 14, 2010.
Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse.
Fluidized bed incinerator means an enclosed device in which organic
matter and inorganic matter in sewage sludge are combusted in a bed of
particles suspended in the combustion chamber gas.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control and monitoring equipment,
process equipment or a process to operate in a normal or usual manner.
Failures that are caused, in part, by poor maintenance or careless
operation are not malfunctions.
Modification means a change to an existing SSI unit later than
September 21, 2011 and that meets one of two criteria:
(1) The cumulative cost of the changes over the life of the unit
exceeds 50 percent of the original cost of building and installing the
SSI unit (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the SSI unit used to calculate these costs, see the definition of SSI
unit.
(2) Any physical change in the SSI unit or change in the method of
operating it that increases the amount of any air pollutant emitted for
which section 129 or section 111 of the Clean Air Act has established
standards.
Modified sewage sludge incineration unit means an existing SSI unit
that undergoes a modification, as defined in this section.
Multiple hearth incinerator means a circular steel furnace that
contains a number of solid refractory hearths and a central rotating
shaft; rabble arms that are designed to slowly rake the sludge on the
hearth are attached to the rotating shaft. Dewatered sludge enters at
the top and proceeds downward through the furnace from hearth to
hearth, pushed along by the rabble arms.
Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any amount of sewage sludge is
combusted at any time in the SSI unit.
Particulate matter means filterable particulate matter emitted from
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
Power input to the electrostatic precipitator means the product of
the test-run average secondary voltage and the test-run average
secondary amperage to the electrostatic precipitator collection plates.
Process change means a significant permit revision, but only with
respect to those pollutant-specific emission units for which the
proposed permit revision is applicable, including but not limited to:
(1) A change in the process employed at the wastewater treatment
facility associated with the affected SSI unit (e.g., the addition of
tertiary treatment at the facility, which changes the method used for
disposing of process solids and processing of the sludge prior to
incineration).
(2) A change in the air pollution control devices used to comply
with the emission limits for the affected SSI unit (e.g., change in the
sorbent used for activated carbon injection).
Sewage sludge means solid, semi-solid, or liquid residue generated
during the treatment of domestic sewage in a treatment works. Sewage
sludge includes, but is not limited to, domestic septage; scum or
solids removed in primary, secondary or advanced wastewater treatment
processes; and a material derived from sewage sludge. Sewage sludge
does not include ash generated during the firing of sewage sludge in a
sewage sludge incineration unit or grit and screenings generated during
preliminary treatment of domestic sewage in a treatment works.
Sewage sludge feed rate means the rate at which sewage sludge is
fed into the incinerator unit.
Sewage sludge incineration (SSI) unit means an incineration unit
combusting sewage sludge for the purpose of reducing the volume of the
sewage sludge by removing combustible matter. Sewage sludge
incineration unit designs include fluidized bed and multiple hearth. AN
SSI unit also includes, but is not limited to, the sewage sludge feed
system, auxiliary fuel feed system, grate system, flue gas system,
waste heat recovery equipment, if any, and bottom ash system. The SSI
unit includes all ash handling systems connected to the bottom ash
handling system. The combustion unit bottom ash system ends at the
truck loading station or similar equipment that transfers the ash to
final disposal. The SSI unit does not include air pollution control
equipment or the stack.
Shutdown means the period of time after all sewage sludge has been
combusted in the primary chamber.
Solid waste means any garbage, refuse, sewage sludge from a waste
treatment plant, water supply treatment plant or air pollution control
facility and other discarded material, including solid, liquid,
semisolid or contained gaseous material resulting from industrial,
commercial, mining, agricultural operations and from community
activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point

[[Page 23434]]

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[emsp14][deg]F (20 [deg]C) and a pressure of 1
atmosphere (101.3 kilopascals).
Startup means the period of time between the activation, including
the firing of fuels (e.g., natural gas or distillate oil), of the
system and the first feed to the unit.
Toxic equivalency means the product of the concentration of an
individual dioxin isomer in an environmental mixture and the
corresponding estimate of the compound-specific toxicity relative to
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency
factor for that compound. Table 5 to this subpart lists the toxic
equivalency factors.
Wet scrubber means an add-on air pollution control device that
utilizes an aqueous or alkaline scrubbing liquid to collect particulate
matter (including nonvaporous metals and condensed organics) and/or to
absorb and neutralize acid gases.
You means the owner or operator of an affected SSI unit.

Delegation of Authority

Sec. 62.16050 What authorities will be retained by the EPA
Administrator?

The authorities that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (a) through (g) of this
section.
(a) Approval of alternatives to the emission limits and standards
in Tables 2 and 3 to this subpart and operating limits established
under Sec. 62.15965 or Sec. 62.15985.
(b) Approval of major alternatives to test methods.
(c) Approval of major alternatives to monitoring.
(d) Approval of major alternatives to recordkeeping and reporting.
(e) The requirements in Sec. 62.15965.
(f) The requirements in Sec. 62.15945(b)(2).
(g) Performance test and data reduction waivers under Sec.
60.8(b).

Table 1 to Subpart LLL of Part 62--Increments of Progress and Compliance
Schedules for Existing Sewage Sludge Incineration Units
------------------------------------------------------------------------
Comply with these increments of
progress By these dates
------------------------------------------------------------------------
Increment 1--Submit final control [DATE 3 MONTHS FROM DATE OF
plan. PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER].
Increment 2--Final compliance..... March 21, 2016.
------------------------------------------------------------------------

Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Fluidized Bed Sewage Sludge
Incineration Units
----------------------------------------------------------------------------------------------------------------
Using these averaging
You must meet this methods and minimum And determining
For the air pollutant emission limit \a\ sampling volumes or compliance using this
durations method
----------------------------------------------------------------------------------------------------------------
Particulate matter............... 18 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 1 dry 5 at 40 CFR part 60,
standard cubic meters appendix A-3; Method
sample per run). 26A or Method 29 at 40
CFR part 60, appendix A-
8).
Hydrogen chloride................ 0.51 parts per million by 3-run average (Collect a Performance test (Method
dry volume. minimum volume of 1 dry 26A at 40 CFR part 60,
standard cubic meters appendix A-8).
per run).
Carbon monoxide.................. 64 parts per million by 3-run average (collect Performance test (Method
dry volume. sample for a minimum 10, 10A, or 10B at 40
duration of one hour CFR part 60, appendix A-
per run). 4).
Dioxins/furans (total mass 1.2 nanograms per dry 3-run average (collect a Performance test (Method
basis); or standard cubic meter minimum volume of 1 dry 23 at 40 CFR part 60,
Dioxins/furans (toxic equivalency (total mass basis); or standard cubic meters appendix A-7).
basis).\b\. 0.10 nanograms per dry per run).
standard cubic meter
(toxic equivalency
basis).
Mercury.......................... 0.037 milligrams per dry 3-run average (For Performance test (Method
standard cubic meter. Method 29 and ASTM 29 at 40 CFR part 60,
D6784-02 (Reapproved appendix A-8; Method
2008),\c\ collect a 30B at 40 CFR part 60,
minimum volume of 1 dry appendix A-8; or ASTM
standard cubic meters D6784-02 (Reapproved
per run. For Method 2008).\c\
30B, collect a minimum
sample as specified in
Method 30B at 40 CFR
part 60, appendix A-8).
Oxides of nitrogen............... 150 parts per million by 3-run average (Collect Performance test (Method
dry volume. sample for a minimum 7 or 7E at 40 CFR part
duration of one hour 60, appendix A-4).
per run).
Sulfur dioxide................... 15 parts per million by 3-run average (For Performance test (Method
dry volume. Method 6, collect a 6 or 6C at 40 CFR part
minimum volume of 60 40, appendix A-4; or
liters per run. For ANSI/ASME PTC-19.10-
Method 6C, collect 1981.\c\
sample for a minimum
duration of one hour
per run).

[[Page 23435]]

Cadmium.......................... 0.0016 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 1 dry 29 at 40 CFR part 60,
standard cubic meters appendix A-8). Use
per run). GFAAS or ICP/MS for the
analytical finish.
Lead............................. 0.0074 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 1 dry 29 at 40 CFR part 60,
standard cubic meters appendix A-8. Use GFAAS
sample per run). or ICP/MS for the
analytical finish.
Fugitive emissions from ash Visible emissions of Three 1-hour observation Visible emission test
handling. combustion ash from an periods. (Method 22 of appendix
ash conveying system A-7 of this part).
(including conveyor
transfer points) for no
more than 5 percent of
any compliance test
hourly observation
period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec. 60.17.

Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Multiple Hearth Sewage Sludge
Incineration Units
----------------------------------------------------------------------------------------------------------------
Using these averaging
You must meet this methods and minimum And determining
For the air pollutant emission limit \a\ sampling volumes or compliance using this
durations method
----------------------------------------------------------------------------------------------------------------
Particulate matter............... 80 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 0.75 5 at 40 CFR part 60,
dry standard cubic appendix A-3; Method
meters per run). 26A or Method 29 at 40
CFR part 60, appendix A-
8).
Hydrogen chloride................ 1.2 parts per million by 3-run average (For Performance test (Method
dry volume. Method 26, collect a 26 or 26A at 40 CFR
minimum volume of 200 part 60, appendix A-8).
liters per run. For
Method 26A, collect a
minimum volume of 1 dry
standard cubic meters
per run).
Carbon monoxide.................. 3,800 parts per million 3-run average (collect Performance test (Method
by dry volume. sample for a minimum 10, 10A, or 10B at 40
duration of one hour CFR part 60, appendix A-
per run). 4).
Dioxins/furans (total mass basis) 5.0 nanograms per dry 3-run average (collect a Performance test (Method
Dioxins/furans (toxic equivalency standard cubic meter; or. minimum volume of 1 dry 23 at 40 CFR part 60,
basis).\b\. 0.32 nanograms per dry standard cubic meters appendix A-7).
standard cubic meter. per run).
Mercury.......................... 0.28 milligrams per dry 3-run average (For Performance test (Method
standard cubic meter. Method 29 and ASTM 29 at 40 CFR part 60,
D6784-02 (Reapproved appendix A-8; Method
2008),\c\ collect a 30B at 40 CFR part 60,
minimum volume of 1 dry appendix A-8; or ASTM
standard cubic meters D6784-02 (Reapproved
per run. For Method 2008).\c\
30B, collect a minimum
sample as specified in
Method 30B at 40 CFR
part 60, appendix A-8).
Oxides of nitrogen............... 220 parts per million by 3-run average (Collect Performance test (Method
dry volume. sample for a minimum 7 or 7E at 40 CFR part
duration of one hour 60, appendix A-4).
per run).
Sulfur dioxide................... 26 parts per million by 3-run average (For Performance test (Method
dry volume. Method 6, collect a 6 or 6C at 40 CFR part
minimum volume of 200 40, appendix A-4; or
liters per run. For ANSI/ASME PTC 19.10-
Method 6C, collect 1981.\c\
sample for a minimum
duration of one hour
per run).
Cadmium.......................... 0.095 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 1 dry 29 at 40 CFR part 60,
standard cubic meters appendix A-8).
per run).
Lead............................. 0.30 milligrams per dry 3-run average (collect a Performance test (Method
standard cubic meter. minimum volume of 1 dry 29 at 40 CFR part 60,
standard cubic meters appendix A-8.
per run).

[[Page 23436]]

Fugitive emissions from ash Visible emissions of Three 1-hour observation Visible emission test
handling. combustion ash from an periods. (Method 22 of appendix
ash conveying system A-7 of this part).
(including conveyor
transfer points) for no
more than 5 percent of
any compliance test
hourly observation
period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec. 60.17.

Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing Sewage Sludge Incineration Units a
----------------------------------------------------------------------------------------------------------------
And monitor using these minimum frequencies
You must establish -----------------------------------------------------------
For these operating parameters these operating Data averaging
limits Data measurement Data recording \b\ period for
compliance
----------------------------------------------------------------------------------------------------------------
All sewage sludge incineration units
----------------------------------------------------------------------------------------------------------------
Combustion chamber operating Minimum combustion Continuous......... Every 15 minutes.. 12-hour block.
temperature (not required if chamber operating
afterburner temperature is temperature or
monitored). afterburner
temperature.
Fugitive emissions from ash Site-specific Not applicable..... No applicable..... Not applicable.
handling. operating
requirements.
----------------------------------------------------------------------------------------------------------------
Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet Minimum pressure Continuous......... Every 15 minutes.. 12-hour block.
scrubber. drop.
Scrubber liquid flow rate...... Minimum flow rate.. Continuous......... Every 15 minutes.. 12-hour block.
Scrubber liquid pH............. Minimum pH......... Continuous......... Every 15 minutes.. 3-hour block.
----------------------------------------------------------------------------------------------------------------
Fabric Filter
----------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak Maximum alarm time
detection system alarm. of the bag leak
detection system
alarm (this
operating limit is
provided in Sec.
60.4850 and is not
established on a
site-specific
basis).
----------------------------------------------------------------------------------------------------------------
Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the Minimum power input Continuous......... Hourly............ 12-hour block.
electrostatic precipitator to the
collection plates. electrostatic
Secondary amperage of the precipitator
electrostatic precipitator collection plates.
collection plates.
Effluent water flow rate at the Minimum effluent Hourly............. Hourly............ 12-hour block.
outlet of the electrostatic water flow rate at
precipitator. the outlet of the
electrostatic
precipitator.
----------------------------------------------------------------------------------------------------------------
Activated carbon injection
----------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate. Minimum mercury Hourly............. Hourly............ 12-hour block.
sorbent injection
rate.
Dioxin/furan sorbent injection Minimum dioxin/
rate. furan sorbent
injection rate.
Carrier gas flow rate or Minimum carrier gas Continuous......... Every 15 minutes.. 12-hour block.
carrier gas pressure drop. flow rate or
minimum carrier
gas pressure drop.
----------------------------------------------------------------------------------------------------------------
Afterburner
----------------------------------------------------------------------------------------------------------------
Temperature of the afterburner Minimum temperature Continuous......... Every 15 minutes.. 12-hour block.
combustion chamber. of the afterburner
combustion chamber.
----------------------------------------------------------------------------------------------------------------
a As specified in Sec. 62.15985, you may use a continuous emissions monitoring system or continuous automated
sampling system in lieu of establishing certain operating limits.
b This recording time refers to the minimum frequency that the continuous monitor or other measuring device
initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages.
For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this
table for demonstrating compliance. You maintain records of 1-hour averages.

[[Page 23437]]

Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/Furan isomer equivalency
factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin................ 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.............. 1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............. 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............. 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............. 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.......... 0.01
octachlorinated dibenzo-p-dioxin......................... 0.0003
2,3,7,8-tetrachlorinated dibenzofuran.................... 0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................. 0.3
1,2,3,7,8-pentachlorinated dibenzofuran.................. 0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran................. 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................. 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................. 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................. 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.............. 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.............. 0.01
octachlorinated dibenzofuran............................. 0.0003
------------------------------------------------------------------------

Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements for Existing Sewage Sludge Incineration Units a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increments of progress report......... No later than 10 business days after 1. Final control plan including air Sec. 62.16030(a).
the compliance date for the pollution control device
increment. descriptions, process changes, type
of waste to be burned, and the
maximum design sewage sludge burning
capacity.
2. Notification of any failure to
meet an increment of progress.
3. Notification of any closure.......
Initial compliance report............. No later than 60 days following the 1. Company name and address.......... Sec. 62.16030(b).
initial performance test. 2. Statement by a responsible
official, with that official's name,
title, and signature, certifying the
accuracy of the content of the
report.
3. Date of report....................
4. Complete test report for the
initial performance test.
5. Results of CMS \b\ performance
evaluation.
6. The values for the site-specific
operating limits and the
calculations and methods used to
establish each operating limit.
7. Documentation of installation of
bag leak detection system for fabric
filter.
8. Results of initial air pollution
control device inspection, including
a description of repairs.
9. The site-specific monitoring plan
required under Sec. 62.15995.
10. The site-specific monitoring plan
for your ash handling system
required under Sec. 62.15995.
Annual compliance report.............. No later than 12 months following the 1. Company name and address. Sec. 62.16030(c)
submission of the initial compliance 2. Statement and signature by
report; subsequent reports are to be responsible official.
submitted no more than 12 months 3. Date and beginning and ending
following the previous report. dates of report.
4. If a performance test was
conducted during the reporting
period, the results of the test,
including any new operating limits
and associated calculations and the
type of activated carbon used, if
applicable.

[[Page 23438]]

5. For each pollutant and operating
parameter recorded using a CMS, the
highest recorded 3-hour average and
the lowest recorded 3-hour average,
as applicable.
6. If no deviations from emission
limits, emission standards, or
operating limits occurred, a
statement that no deviations
occurred.
7. If a fabric filter is used, the
date, time, and duration of alarms..
8. If a performance evaluation of a
CMS was conducted, the results,
including any new operating limits
and their associated calculations.
9. If you met the requirements of
Sec. 62.16000(a)(3) and did not
conduct a performance test, include
the dates of the last three
performance tests, a comparison to
the 50 percent emission limit
threshold of the emission level
achieved in the last three
performance tests, and a statement
as to whether there have been any
process changes.
10. Documentation of periods when all
qualified SSI unit operators were
unavailable for more than 8 hours
but less than 2 weeks.
11. Results of annual pollutions
control device inspections,
including description of repairs.
12. If there were no periods during
which your CMSs had malfunctions, a
statement that there were no periods
during which your CMSs had
malfunctions.
13. If there were no periods during
which your CMSs were out of control,
a statement that there were no
periods during which your CMSs were
out of control.
14. If there were no operator
training deviations, a statement
that there were no such deviations.
15. Information on monitoring plan
revisions, including a copy of any
revised monitoring plan.
Deviation report (deviations from By August 1 of a calendar year for If using a CMS: Sec. 62.16030(d).
emission limits, emission standards, data collected during the first half 1. Company name and address..........
or operating limits, as specified in of the calendar year; by February 1 2. Statement by a responsible
Sec. 62.16030(e)(1)). of a calendar year for data official..
collected during the second half of 3. The calendar dates and times your
the calendar year. unit deviated from the emission
limits or operating limits.
4. The averaged and recorded data for
those dates.
5. Duration and cause of each
deviation.
6. Dates, times, and causes for
monitor downtime incidents.
7. A copy of the operating parameter
monitoring data during each
deviation and any test report that
documents the emission levels.
8. For periods of CMS malfunction or
when a CMS was out of control, you
must include the information
specified in Sec.
62.16030(d)(3)(viii).
If not using a CMS:..................
1. Company name and address..........
2. Statement by a responsible
official.
3. The total operating time of each
affected SSI.

[[Page 23439]]

4. The calendar dates and times your
unit deviated from the emission
limits, emission standard, or
operating limits.
5. The averaged and recorded data for
those dates.
6. Duration and cause of each
deviation.
7. A copy of any performance test
report that showed a deviation from
the emission limits or standards.
8. A brief description of any
malfunction, a description of
actions taken during the malfunction
to minimize emissions, and
corrective action taken.
Notification of qualified operator Within 10 days of deviation.......... 1. Statement of cause of deviation... Sec. 62.16030(e).
deviation (if all qualified operators 2. Description of actions taken to
are not accessible for 2 weeks or ensure that a qualified operator
more). will be available.
3. The date when a qualified operator
will be accessible.
Notification of status of qualified Every 4 weeks following notification 1. Description of actions taken to Sec. 62.16030(e).
operator deviation. of deviation. ensure that a qualified operator is
accessible.
2. The date when you anticipate that
a qualified operator will be
accessible.
3. Request for approval to continue
operation.
Notification of resumed operation Within five days of obtaining a 1. Notification that you have Sec. 62.16030(e).
following shut down (due to qualified qualified operator and resuming obtained a qualified operator and
operator deviation and as specified operation. are resuming operation.
in Sec. 62.15945(b)(2)(i).
Notification of a force majeure....... As soon as practicable following the 1. Description of the force majeure Sec. 62.16030(f).
date you first knew, or through due event.
diligence should have known that the 2. Rationale for attributing the
event may cause or caused a delay in delay in conducting the performance
conducting a performance test beyond test beyond the regulatory deadline
the regulatory deadline; the to the force majeure.
notification must occur before the 3. Description of the measures taken
performance test deadline unless the or to be taken to minimize the delay.
initial force majeure or a 4. Identification of the date by
subsequent force majeure event which you propose to conduct the
delays the notice, and in such performance test.
cases, the notification must occur
as soon as practicable.
Notification of intent to start or 1 month before starting or stopping 1. Intent to start or stop use of a Sec. 62.16030(g).
stop use of a CMS. use of a CMS. CMS.
Notification of intent to conduct a At least 30 days prior to the 1. Intent to conduct a performance
performance test. performance test. test to comply with this subpart.
Notification of intent to conduct a At least 7 days prior to the date of 1. Intent to conduct a rescheduled
rescheduled performance test. a rescheduled performance test. performance test to comply with this
subpart.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.

[FR Doc. 2015-08777 Filed 4-24-15; 8:45 am]
BILLING CODE 6560-50-P

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