Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010, 26039-26088 [2016-09292]

Download as PDF Vol. 81 Friday, No. 83 April 29, 2016 Part IV Environmental Protection Agency asabaliauskas on DSK3SPTVN1PROD with RULES 40 CFR Part 62 Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010; Final Rule VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29APR3.SGM 29APR3 26040 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations AGENCY: 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. This action finalizes the federal plan for existing sewage sludge incineration (SSI) units. This final action implements the Environmental Protection Agency’s (EPA) emission guidelines (EG) adopted on March 21, 2011, in states that do not have an approved state plan implementing the EG in place by the effective date of this federal plan. The federal plan will result in emissions reductions of certain pollutants from all affected units covered. DATES: The effective date of this rule is May 31, 2016. The incorporation by reference (IBR) of certain publications listed in the rule is approved by the Director of the Federal Register as of May 31, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2012–0319. The EPA previously established a docket for the March 21, 2011, original SSI new source performance standards (NSPS) and EG under Docket ID No. EPA–HQ– OAR–2009–0559. All documents in these dockets are listed on the World Wide Web (www), https:// www.regulations.gov index Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed in the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically at https:// www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC), EPA 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. 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 BTU British Thermal Unit 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 CPMS Continuous Parameter Monitoring Systems EG Emission Guidelines ERT Electronic Reporting Tool ESP Electrostatic Precipitators FB Fluidized Bed FF Fabric Filter HCl Hydrogen Chloride Hg Mercury IBR Incorporation by Reference ISTDMS Integrated Sorbent Trap Dioxin Monitoring System ISTMMS Integrated Sorbent Trap Mercury Monitoring System MH Multiple Hearth NAICS North American Industrial Classification System NESHAP National Emission Standards for Hazardous Air Pollutants NOX Nitrogen Oxides NSPS New Source Performance Standards NTTAA National Technology Transfer and Advancement Act of 1995 Pb Lead PCDD/PCDF Polychlorinated Dibenzo-PDioxins and Polychlorinated Dibenzofurans PM Particulate Matter PRA Paperwork Reduction Act PS Performance Specifications RFA Regulatory Flexibility Act 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 FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–HQ–OAR–2012–0319; FRL–9940–50– OAR] RIN 2060–AR77 Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010 Environmental Protection Agency (EPA). ACTION: Final rule. asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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 final action apply to me? B. Where can I get a copy of this document? C. Judicial Review II. Background Information A. What is the regulatory development background for this final rule? B. What is the purpose of this final rule? C. What is the status of state plan submittals? D. What are the elements of the SSI federal plan? 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 unit is covered by an approved and effective state plan? IV. Summary of Changes Since Proposal and Response to Public Comments A. Summary of Public Comments and Responses B. Affirmative Defense to Malfunctions V. Summary of Final SSI Federal Plan Requirements A. What are the final applicability requirements? B. What are the final compliance schedules? C. What are the final emissions limits and operating limits? D. What are the final performance testing and monitoring requirements? E. What are the final recordkeeping and reporting requirements? F. What other requirements is the EPA finalizing? VI. SSI Units That Have or Will Shut Down A. Units That Plan To Close B. Inoperable Units C. SSI Units That Have Shut Down VII. Implementation of the Federal Plan and Delegation A. Background of Authority B. Mechanisms for Transferring Authority C. Implementing Authority D. Delegation of the Federal Plan and Retained Authorities 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 (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) 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 E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) I. General Information A. Does the final action apply to me? Regulated Entities. Owners or operators of existing SSI units that are not already subject to an EPA-approved and effective state plan implementing the March 21, 2011, EG, may be regulated by this final action. Existing SSI units are those that commenced construction on or before October 14, 26041 2010. Regulated categories and entities include those that operate SSI units. Although there is no specific North American Industry Classification System (NAICS) code for SSI units, 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: 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 final action. To determine whether a facility would be affected by this action, please examine the applicability criteria in 40 CFR 62.15855 through 62.15870 of subpart LLL being finalized here. Questions regarding the applicability of this action to a particular entity should be directed to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of the final action is available on the Internet through the Technology Transfer Network (TTN) Web site. Following signature by the Administrator, the EPA will post a copy of this final action at https://www3.epa.gov/ttn/atw/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. C. Judicial Review Under CAA section 307(b)(1), judicial review of this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit (the Court) by June 28, 2016. asabaliauskas on DSK3SPTVN1PROD with RULES II. Background Information A. What is the regulatory development background for this final rule? Section 129 of the 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 562213 221320 Examples of potentially regulated entities Municipalities with SSI units. Wastewater treatment facilities with SSI units. to treat domestic sewage sludge. See 76 FR 15372. Codified at 40 CFR part 60, subparts LLLL and MMMM, respectively, 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 federal regulations directly enforceable upon SSI units, and, under CAA section 129(f)(1), become effective 6 months after promulgation. Unlike the NSPS, the EG provide direction for developing state plans; however, the EG are not themselves directly enforceable. The EG are implemented under an EPA approved state or tribal plan or EPA adopted federal plan that implements and enforces them, once the state, tribal, or federal plan has become effective. Section 129(b)(2) of the CAA directs states with existing SSI unit(s) 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 units in any state without an approvable state plan within 2 years after promulgation of the EG. This action finalizes the SSI federal plan. On August 20, 2013, the Court remanded portions of the 2011 SSI rule for further explanation. National Ass’n. 1 Several states did not submit plans to the EPA by this date. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 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 intends to address the Court’s remand in a future rulemaking. The federal plan is needed to implement the SSI rule in states without an approved state plan. EPA anticipates that facilities in approximately eighteen states and nine local air pollution control districts will need to rely on the SSI federal plan. B. What is the purpose of this final rule? Section 129 of the CAA calls upon states as the preferred implementers of the EG for existing SSI units. States with existing SSI units were to submit to the EPA within 1 year (by March 21, 2012) following promulgation of the EG state plans that are at least as protective as the EG. 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 within 2 years following promulgation of the EG for sources in states which have not submitted an approvable plan (by March 21, 2013). The EPA is finalizing the SSI federal plan now so that a promulgated federal plan will go into place for any such states, thus ensuring implementation and enforcement of the SSI EG. States without any existing SSI units are directed to submit to the Administrator a letter of negative declaration certifying that there are no SSI units in the state. No plan is required for states that do not have any SSI units. SSI units located in states that mistakenly submit a letter of negative declaration would be subject to the federal plan until a state plan regulating those SSI units becomes approved. State plans that have been submitted to implement the March 21, 2011, EG, have either been approved or are E:\FR\FM\29APR3.SGM 29APR3 26042 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations currently undergoing EPA review. This action finalizes the SSI federal plan to implement the March 21, 2011, EG for those states that do not have an approved state plan in place by the effective date of this federal plan. 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-Hg 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 7polycyclic aromatic hydrocarbons, chromium, manganese, nickel, and polychlorinated biphenyls. 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 units located in states with no approved and effective state plan. Table 2 below lists states and territories that have an EPA-approved plan in effect on the date this final federal plan is signed by the EPA Administrator. Additionally, Table 2 lists states and local agencies that submitted negative declarations and or those which the EPA anticipates taking delegation of the federal plan. TABLE 2—STATUS OF STATE AND TERRITORY PLANS Status States I. EPA-Approved Implementation Plans .................................... II. Anticipated Negative Declarations to be Submitted to the EPA. New York; Puerto Rico; Virginia; Michigan; Indiana; Missouri. Huntsville, Alabama; Jefferson County, Alabama; Florida; Jefferson County, Kentucky; Mississippi; Tennessee; Kansas; Pima County, Arizona; Pinal County, Arizona; Hawaii; Washoe County, Nevada; American Samoa; Guam. Maine; Vermont; Virgin Islands; District of Columbia; Delaware; Philadelphia County, Pennsylvania; West Virginia; Alabama; Kentucky; South Carolina; Arkansas; City of Albuquerque, New Mexico; New Mexico; Oklahoma; Texas; Nebraska; Colorado; Montana; North Dakota; South Dakota; Utah; Wyoming; Arizona; Idaho; Oregon. Georgia. Rhode Island. Huntsville, Alabama; Jefferson County, Alabama; Florida; Jefferson County, Kentucky; Mississippi; North Carolina; Forsyth County, North Carolina; Mecklenburg County, North Carolina; Buncombe County, North Carolina; Tennessee; Iowa; Kansas; Pima County, Arizona; Pinal County, Arizona; California; Hawaii; Washoe County, Nevada; American Samoa; Guam; Washington. Connecticut; Massachusetts; New Hampshire; New Jersey; Maryland; Pennsylvania; Allegheny County, Pennsylvania; Louisiana; Maricopa County, Arizona; Nevada; Clark County, Nevada; Alaska; Puget Sound Clean Air Agency; Northwest Clean Air Agency; Southwest Clear Air Agency. Illinois; Minnesota; Ohio; Wisconsin. III. Negative Declaration Submitted/EPA Approved .................. IV. Final Implementation Plans Submitted to the EPA .............. V. Draft Implementation Plans Submitted to the EPA ............... VI. EPA has not received a draft or final implementation plan or negative declaration. VII. Anticipated to Accept Delegation of federal plan ................ VIII. Anticipated federal plan implementation by EPA ............... As the EPA regional offices approve implementation 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 implementation plan submittals and approvals on the TTN Air Toxics Web site at https://www3.epa.gov/ttn/atw/ 129/ssi/ssipg.html. The list will help SSI unit owners or operators determine whether their SSI units are 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 units are 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 territories that they cover. TABLE 3—REGIONAL OFFICE CONTACTS Regional contact Phone States and territories Region I ..... Patrick Bird, bird.patrick@epa.gov ...................... (617) 918–1287 Region II .... Region III ... asabaliauskas on DSK3SPTVN1PROD with RULES Region Phillip Ritz, ritz.phillip@epa.gov .......................... Mike Gordon, gordon.mike@epa.gov .................. (212) 637–4064 (215) 814–2039 Region IV ... Stan Kukier, kukier.stan@epa.gov ...................... (404) 562–9046 Region V .... Region VI ... Region VII .. Margaret Sieffert, sieffert.margaret@epa.gov ..... Steve Thompson, thompson.steve@epa.gov ..... Lisa Hanlon, hanlon.lisa@epa.gov ...................... (312) 353–1151 (214) 665–2769 (913) 551–7599 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont. New York, New Jersey, Puerto Rico, Virgin Islands. 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. 2 See 76 FR 51371–51375, 51396–51399 and 51399–51400 to reference the regulatory VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 background, summary of final rule changes and impacts of the EG adopted on March 21, 2011. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 26043 TABLE 3—REGIONAL OFFICE CONTACTS—Continued Region Regional contact Phone States and territories Region VIII Kendra Morrison, morrison.kendra@epa.gov ..... (303) 312–6145 Region IX ... Mark Sims, sims.mark@epa.gov ......................... (415) 972–3965 Region X .... Katharine Owens, owens.katharine@epa.gov .... Madonna Narvaez, narvaez.madonna@epa.gov (206) 553–1023 (206) 553–2117 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. Arizona, California, Hawaii, Nevada, American Samoa, Guam, Northern Mariana Islands. Alaska, Washington. Idaho, Oregon. D. What are the elements of the SSI federal plan? Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) and 7429(b)(2), require states to develop and implement state plans for SSI units to implement and enforce the promulgated EG. Accordingly, subpart MMMM of 40 CFR part 60 requires states to submit state plans that include specified elements. Because this federal plan takes the place of state plans, where approved state plans are not effective, it includes the same essential elements: (1) Identification of legal authority and mechanisms for implementation; (2) inventory of SSI units; (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, subpart LLL, and sections 111 and 129 of the CAA. Each element was discussed in detail as it relates to the federal plan in the preamble of the proposed rule (80 FR 23406). The EPA received a total of ten unique public comment letters. A summary of these comments and the EPA’s responses is presented in section IV, ‘‘Summary of Changes Since Proposal and Response to Public Comments’’ of this preamble. III. Affected Facilities asabaliauskas on DSK3SPTVN1PROD with RULES 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 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 62.16045. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 facility is each individual SSI unit. The federal plan defines two subcategories for existing SSI units in 40 CFR 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. B. Does the federal plan apply to me? The federal plan would apply to the owner or operator of an existing SSI unit that was constructed on or before October 14, 2010, and that is not already regulated by an approved and effective state plan as of the effective date in this notice.4 The federal plan would apply to the SSI unit until the EPA approves a state plan that regulates the SSI unit and that state plan becomes effective.5 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 unit and would be subject to the NSPS at 40 CFR part 60, subpart LLLL. The specific applicability of the federal plan is described in 40 CFR 62.15855 through 62.15870 of subpart LLL. This action will not preclude states from submitting a state plan at a later time. 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.6 If the EPA approves a plan, then the SSI federal plan no longer applies to SSI units covered by the state plan. If an SSI unit was overlooked by a state and the state submitted a negative declaration letter, or if an individual SSI unit was not covered by an approved and effective 4 The federal plan will become effective 30 days after final promulgation. 5 A state plan is effective on the date specified in the notice published in the Federal Register announcing the EPA’s approval of the plan. 6 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. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 state plan, the SSI unit would be subject to this federal plan. C. How do I determine if my SSI unit 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(b) 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 a state has an approved and effective plan, please contact the state environmental agency’s air director or the EPA’s 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. Summary of Changes Since Proposal and Response to Public Comments This rule will be finalized as proposed except where the EPA revised the regulatory text to make certain clarifications. After consideration of all the public comments received, in the response to public comments below, the EPA clarified the compliance date, operator training requirements, the federal plan delegation process, certain performance monitoring and testing provisions, status of state plan submittals, and the inventory of units. The EPA received a total of ten unique public comment letters on the proposed federal plan rulemaking. (Note, one letter was inadvertently duplicated and submitted to the docket.7) No public hearing was requested, and, therefore, none was held. The EPA believes that it is critical to highlight that the final compliance date remains, as proposed, March 21, 2016. Commenters raised concerns that the two proposed pathways for compliance implied that the compliance date was longer than statutorily allowed. Therefore, the EPA removed these pathways in the regulatory text to clarify the final compliance date. 7 Docket Identification Numbers EPA–HQ–OAR– 2012–0319–0016 and EPA–HQ–OAR–2012–0319– 0017 are the same comment. E:\FR\FM\29APR3.SGM 29APR3 26044 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES Commenters raised numerous comments on the federal plan’s monitoring and testing provisions, most of which the EPA did not propose to revise or otherwise solicit comment on in the proposed federal plan. Section 129 of the CAA requires the EPA to develop a federal plan to assure that existing units are in compliance with the EG. Many of the comments received on the proposed federal plan’s monitoring and testing provisions recommended changes to the EG, which are outside the scope of this action. For that reason, we are not making these changes at this time in the federal plan. An example of these changes is adjusting the minimum percent of the maximum permitted capacity during testing, which is currently promulgated in the EG at 85-percent. In the April 27, 2015, federal plan proposal the EPA did solicit comment on a potential revision to this provision.8 The EPA is not revising the minimum threshold provision in the federal plan, but will consider whether to do so in a future rulemaking action. With respect to all other comments addressing monitoring and testing provisions in the EG, those comments are outside the scope of this action. However, we do provide some clarifications of the requirements of the EG in response to those comments later in the preamble for this federal plan. We will consider making changes to the EG and federal plan to incorporate the suggested revisions in the future. In addition, many of the commenters’ concerns may be addressed through the federal plan, which provides the EPA Administrator with the authority to approve alternate methods of demonstrating compliance as established under 40 CFR 60.8(b) and 60.13(i). SSI unit owners and operators who wish to petition the agency for an alternative method of demonstrating compliance should submit a request to the Regional Administrator with a copy sent to the appropriate state. A full summary of the public comments and responses to the public comments is provided below in section IV.A. of this preamble. A. Summary of Public Comments and Responses In this section, we provide the EPA’s responses to all of the public comments received.9 All of the public comment letters received are located in the 8 See 80 FR 23404. of the public comments received are identified in the memorandum titled, ‘‘Public Comments Received on the Proposed Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010,’’ located in the docket. 9 All VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 docket, which can be accessed by following the instructions outlined in the ADDRESSES section of this preamble. 1. Compliance Schedule Comment: Several commenters (08, 11, 12, 14) point out that the proposed final compliance date of March 21, 2016, is contradictory to the schedules of the compliance pathways proposed in 40 CFR 62.15875 given that it is less than 1 year after the close of the public comment period. Commenters believe that the proposed compliance pathways are unclear and imply that the final compliance date could be after March 21, 2016. Specifically, the proposed 40 CFR 62.15875 outlined two compliance pathways. The first pathway was to achieve final compliance by 1 year from the date of publication of the final federal plan in the Federal Register. The second pathway was to achieve final compliance more than one year following the date of publication of the final federal plan in the Federal Register by meeting the increments of progress specified in Table 1 of the proposed rule (increment 1: Submit final control plan 3 months from the date of publication of the final rule in the Federal Register and increment 2: Final compliance by March 21, 2016). Commenters (08, 11, 12, 14) request that EPA clarify the final compliance date and the schedules in the compliance pathways. Two commenters (11, 12) specifically request that the EPA revise 40 CFR 62.15875 as follows: • One (1) year after publication of the final federal plan in the Federal Register, or • For affected sources planning to comply more than one (1) year after the final federal plan, meeting increments of progress for submitting a final control plan within six (6) months after the final federal plan is published and final compliance by two (2) years after the publication of the final federal plan in the Federal Register. Commenters (11, 12) express concern that, due to the delays from the petitioned SSI reconsideration and the federal plan development, the federal plan will negatively affect utilities’ efforts to plan for compliance. Another commenter (14) reiterates this concern notably for smaller to mid-size wastewater utilities. The commenter (14) further highlights the short window for compliance and that facilities will likely have to take further regulatory action in areas such as greenhouse gas emissions, industrial pretreatment, antiterrorism safeguards, and nutrient removal in addition to the numerous other rules and requirements that they PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 are currently required to follow. The commenter states the financial impact this regulation has already had on its facility (estimated at $45,000 for administration and reporting, $25,000 for fees, $65,000 for third-party audits, and $50,000 for a compilation of reports for state and federal agency reporting) and anticipates ongoing cost to ratepayers. A separate commenter (12) asks that the final federal plan contain a mechanism modeled on the provisions at 40 CFR 62.14536, which allow operators to petition for compliance extensions on a case-by-case basis. Response: The EPA agrees with commenters that clarification of the compliance date and compliance pathways is necessary, but disagrees that a later compliance date is needed and notes that a later compliance date is not authorized by CAA section 129. In addition, comments regarding the appropriate compliance date are outside the scope of this action, and EPA did not propose any revisions to the compliance date. The EPA clarifies that the final compliance date is March 21, 2016.10 This compliance date was established in the March 21, 2011, EG. In addition, similar to the implementation of other EG under CAA section 129, the EPA proposed two compliance pathways, which would allow owners or operators of SSI units 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 the final compliance date.11 This framework was intended for a federal plan that was promulgated on schedule as required by sections 111 and 129(b)(3) of the CAA and 40 CFR 60.27(c) and (d), which require the EPA to develop, implement and enforce a federal plan for SSI units in any state without an approvable state plan within 2 years after promulgation of the EG. In this case, 2 years after the promulgation of the EG would have been by March 21, 2013. The EPA recognizes that because this federal plan is being finalized after the 2-year timeframe from the promulgation of the EG, it is not practical to retain these two pathways in the final federal plan, as the pathway with increments of progress would not comport with the final compliance date established by the EG. In fact, the EPA recognizes that by proposing these pathways, many commenters were 10 If a facility is complying with a state implementation plan, the compliance date may be earlier than March 21, 2016. 11 2010 State Implementation Guidance Document is available through the EPA’s TTN at https://www3.epa.gov/ttn/atw/129/hmiwi/ epa453b10001_hmiwi.pdf. E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES confused and stated that they interpreted that the final compliance date was after March 21, 2016, which is not what the EPA intended. Therefore, the EPA is revising the final rule to require that all SSI unit owners or operators submit a final control plan and achieve final compliance by March 21, 2016. The EPA has concluded that most facilities already have a final control plan in place and know what measures they are required to take in order to achieve compliance. The EPA disagrees with the commenter’s suggested framework for allowing facilities to achieve final compliance up to 2 years after the publication of the final federal plan in the Federal Register. This would violate the statute, as section 129 of the CAA directs the EPA to implement the federal plan so that the plan will assure that each unit subject to the plan is in compliance with all provisions no later than 5 years after the date of the promulgation of the emissions guidelines, which was March 21, 2011. The EPA disagrees with using a mechanism modeled on the provision at 40 CFR 62.14536 as there is no statutory authority under CAA section 129 for providing compliance extensions (i.e., allowing compliance after the compliance date). Lastly, the EPA disagrees that affected sources have had inadequate time to prepare to comply with this rule. The commenters do not point to any specific circumstances where compliance is not possible. In fact, one commenter notes that sources have been working to come into compliance since the March 2011 final rule was issued. The federal plan implements the EG for existing SSI units, which was promulgated on March 21, 2011.12 We believe that sources have had ample notification of this final compliance date and that they are aware of what measures they must take in order to comply. 2. Operator Training Comment: Several commenters (08, 11, 12, 14) express varying opinions on the proposed operator training requirements. One commenter (08) points out that the proposed 40 CFR 62.15920(b) requires that operator training and qualification must be obtained through a state-approved program or by completing the requirements that the section outlines. Proposed 40 CFR 62.15920(c) requires that operators must pass an examination designed and administered by a stateapproved program or an administering 12 See 76 FR 15372. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 instructor. The commenter suggests that some states will have neither created or identified an approved SSI operator training program, nor have identified any state-approved instructors to administer the training and examination. The commenter is concerned that the facility and operator would be in a situation in which it would be impossible to comply with the rule through no fault of the facility or operator. Other commenters (11, 12) express appreciation of the EPA’s flexibility on who can administer the SSI operator training program and the examination. Commenter (12) requests that the EPA verify its interpretation of the operator training requirements. Specifically, the commenter raises that, based on email correspondence with the EPA, they understand that the proposed operator training requirements mean that a thirdparty or utility could develop a training program and exam and it need not be approved by the state or the EPA as long as it meets the requirements in 40 CFR 62.15920(c). The commenter states that they understand that this interpretation is only with respect to states that do not have approved state plans in place and that, once a state plan is approved by the EPA, upon the effective date of a state plan, the federal plan would no longer apply as of the effective date of a state plan. Any operator training requirements would have to comply with the state plan. Another commenter (14) is concerned that it will be difficult to meet the operator training requirements when no state training program exists. Response: As the EPA recently clarified in a webinar on June 2, 2015, to states, tribes, territories, and local air agencies, the federal plan would require that an SSI unit cannot be operated unless a fully trained and qualified SSI unit operator is accessible, either at the facility or nearby such that the operator can be at the facility within 1 hour.13 Operator training and qualification must be obtained through a state-approved training program or by completing the list of training requirements included in the proposed federal plan. The EPA explained that if a state program does not exist, facilities complying with the federal plan must complete the list of training requirements in order to comply with the rule. Section 62.15920(b) of 40 CFR part 62 clearly states that there are two options for complying with the operator training 13 EPA’s outreach webinar on the federal plan proposal can be found at the SSI regulation Web site: https://www3.epa.gov/ttn/atw/129/ssi/ ssipg.html. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 26045 requirements. The first option is to obtain training and qualification through a state-approved program. The second option is to obtain training and qualification through completing an incinerator operator training course that includes at a minimum the topics listed in 40 CFR 62.15920(c). The rule further requires operators to complete an examination designed and administered by the state-approved program or an instructor administering the training topics listed in the rule. The rule also states that operators are required to conduct initial training and annual refresher trainings in addition to retaining documentation on-site of completed operator training. The EPA provides the following examples of how a training and examination program could work in order to comply with the requirements: • Example 1: A third party administers an SSI operator training course and examination. The training course and examination syllabus cover the topics as described in 40 CFR 62.15920(c). • Example 2: An affected SSI facility with necessary technical expertise administers an ‘‘in-house’’ SSI operator training course and examination. The training course and examination syllabus cover the topics as described in 40 CFR 62.15920(c). • Example 3: SSI operators complete an SSI operator training course and examination through a state-approved training program (e.g., state-approved trainer or state-run program; may vary by state). The EPA further clarifies that ‘‘state approved training program’’ is not a ‘‘state implementation plan’’. The EPA recognizes that different states may have their own requirements for professional trainers in their states even if they do not have a state implementation plan in place. SSI unit owners and operators are encouraged to contact their state to find out if their state has its own requirements for trainers. Once a state plan is approved by the EPA, upon the effective date of a state plan, the federal plan would no longer apply to SSIs in that state. The state or local agency would implement and enforce the approved state plan in lieu of the federal plan and operator training requirements would have to conform with the state plan. 3. Performance Testing and Monitoring As the EPA discussed in the federal plan proposal, we will not address comments on the underlying SSI EG, since those comments address issues E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26046 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations outside the scope of the federal plan.14 We note that this section addresses issues that the EPA believes warrant clarification, even though they are not within the scope of this action. Many of the comments received on the proposed federal plan’s monitoring and testing provisions recommend changes to be made in the EG, and since no such revisions were identified in the proposed federal plan, we are not making these changes at this time in the federal plan. We will consider making changes to the EG and corresponding changes to the federal plan to incorporate the suggested revisions in the future. However, the responses below provide clarification regarding the requirements of certain monitoring and testing provisions. Comment: Multiple commenters (11, 12, 13, 18) respond to the EPA’s solicitation of comments regarding the proposed provision at 40 CFR 62.16015, which would require SSI units to operate at a minimum of 85-percent of the maximum permitted capacity during performance testing. The EPA specifically solicited comments and additional data on whether the 85percent requirement warrants a revision due to operational limitations or other factors. Two commenters (12 and 18) state that the capacity at which SSIs test will drive the overall setting of operating parameters that: (1) May be impossible to maintain at a lower (more real-world) throughput rate, and (2) if possible to maintain, may have negative environmental and cost implications. Under one commenter’s (18) title V permit, stack tests are required and set the maximum (with an allowable exceedance up to 10-percent) for drytons-per-day solids loading. The commenter argues that using a stack test to set the maximum throughput makes sense when the stack test results are also used to set operating parameters. In addition, for this commenter, the permitted throughput is calculated as an average of three test runs, and two commenters (12 and 18) request the EPA to consider including this in the federal plan. Commenters (12 and 18) provide the example that an SSI unit with a higher feed rate will have a higher air flow and, therefore, a higher pressure drop; pressure drop is one of the operating parameters that must be established. Under normal feed rates, SSIs will have lower air flows and lower pressure drops. They state that it may be necessary for some utilities attempting to achieve combustion zone temperature limits established for higher loading 14 See 80 FR 23404. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 conditions to use auxiliary fuel to artificially increase bed temperature to meet the operating limit at lower loading conditions. Commenters (12 and 18) discuss that it is not practical or economical for many SSIs to maintain a level of 85percent during normal operations in order to ensure that operating parameters set at this level are consistently met. The commenters discuss that operation at this higher level will require frequent start/stop cycles, which accelerates the thermal aging of the system, shortens the useful life of the unit, results in highly variable feed composition, and uses more auxiliary fuel for stable operation. The commenters believe that these adverse impacts further increase the operating cost and adversely impact emissions from SSIs due to excessive fuel use and increased frequency of startup and shutdown modes. In other words, this would result in increased energy consumption and greenhouse gas emissions. One commenter (12) explains that some SSI facilities have had to store sludge for extended periods of time to accumulate enough material to meet this requirement, as many SSIs routinely operate significantly below their maximum permitted capacity. If an operating facility has to store sludge to meet the 85-percent feed rate, the characteristics of the sludge will change, resulting in different operating requirements and performance for stored sludge than non-stored sludge processed during average conditions. The commenter further explains that many utilities simply do not generate enough sludge to burn at 85-percent of permitted capacity consistently. The commenter describes how sludge is fed at a rate to maintain a specific and narrow combustion temperature range. Variations in sludge composition will vary the feed rate as the commenter describes. During one SSI facility’s recent performance test run, the sludge’s percent volatile solids and British Thermal Unit (BTU) content were significantly higher than normal, which resulted in feed rates less than 85percent as the SSI’s BTU input capacity was reached. In other cases, SSI units have not been able to maintain feed rates at 85-percent of their permitted maximum capacity and also maintain other operating conditions during testing, resulting in test runs that do not meet the regulatory requirements (e.g., sludge volatile content and other sludge characteristics can vary significantly and feed rates must be adjusted to maintain target combustion temperatures). PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 One commenter (12) reminds the EPA of their comments submitted on the October 14, 2010, proposal of the EG and NSPS (75 FR 63260) in which they stated that EPA’s assumption that SSIs operate at 75-percent of the rated capacity was too high and that the EPA needed to consider other options.15 The commenter further highlights their November 29, 2010, comment that raised concerns about requiring a specific operating parameter for feed rate. The commenter believes that the 85-percent requirement was added at the 2011 final rule stage of the EG and NSPS as the EPA attempted to address the issue that their November 29, 2010, comments raised at the time. They further believe that the EPA removed the operating parameter for sludge feed rate and the requirement to regularly operate within that range, but the agency then added the 85-percent requirement for performance testing. The commenter requests that the EPA eliminate the 85-percent requirement and instead require the use of a minimum feed rate based on actual historical operating averages (i.e., the baseline would be each SSI’s historical operating baseline, instead of permitted capacity). The commenter states that the EPA has previously suggested in email correspondence and phone conversations that testing be conducted at both 85-percent of permitted capacity and at the historical operating average feed rates in order to establish the operating parameters at regular or normal feed rates. The commenter does not think that this is acceptable because this would require two separate compliance demonstration source tests and effectively double the cost of performance testing. They also do not think that there is valid regulatory purpose for establishing operating parameters at higher operating capacities (e.g., 85-percent) than are normally encountered, so they request that the EPA revise this requirement to instead require testing based on actual/ historical operating average. Commenter (11) discusses that their unit is rated by the manufacturer at a sludge feed rate of 2.0 dry-tons-perhour. The rating was based on assumptions during its design, including volatile solids percentage in sludge. The commenter states that the SSI unit has never achieved the design sludge feed rate, much in part because the measured volatile solids content has been consistently higher than the design 15 See November 29, 2010, comment submitted by the National Association of Clean Water Agencies. Document identification number EPA–HQ–OAR– 2009–0559–0127.1. https://www.regulations.gov. E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations assumption. Under a normal optimal operation, the commenter can run a feed rate of 1.4–1.5 dry-tons-per-hour, which is at 75-percent of rated capacity. However, they describe that there are extended periods of time where the SSI unit operates at lower feed rates (e.g., 1.1 dry-ton-per-hour), which is 55percent of rated capacity. The commenter explains that sludge feed rate dictates the target combustion temperature to achieve optimal combustion conditions while generating the least quantity of air pollutants. While the commenter will seek a lower permitted capacity in its air permit, it is likely that the SSI unit will not continuously operate within 85–100percent capacity range, including during test conditions. The commenter describes how operators must respond to varying conditions such as sludge quality, fluidized sand condition, and combustion air flow and temperature. The commenter believes that sludge feed rate should not be specified in the operation of an SSI, including during performance testing. The commenter asks the EPA to provide relief in this requirement by either expanding the minimum percentage requirement, or by implementing another means to determine ‘‘normal operation’’. One suggestion they recommend is to require that a performance test be conducted at a sludge feed rate within plus or minus 20-percent of the average sludge feed rate during the past six months of SSI unit operation. Commenter (13) recommends that the 85-percent threshold be replaced with a requirement that the minimum feed rate be based on historical operating average. The commenter explains that this suggestion is primarily due to the variability of the sludge feed (e.g., percent solids, percent volatile solids, BTU content, percent primary sludge v. percent waste activated sludge, etc.), which impacts throughput. Furthermore, the commenter states that SSI facilities are finding that they will not be able to continuously meet some of the site-specific operating limits (e.g., wet scrubber pressure drop) established at 85-percent threshold or higher, when operating their incinerators at normal (lower) feed rates. Response: While we solicited comment on the 85-percent of maximum permitted capacity performance testing requirement, the EPA has decided that it is not appropriate to make changes to the requirement at this time, in order to avoid inconsistencies between the federal plan and the EG, since the federal plan is intended to implement the EG. The EPA thanks the commenters VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 for their valuable feedback and ideas. We will consider making changes to the EG and corresponding changes to the federal plan to address the suggested revisions in the future. If a particular operating parameter is inappropriate for a site-specific configuration, the facility may submit an alternative monitoring plan to the appropriate EPA regional office pursuant to 40 CFR 62.16050, 40 CFR 60.8 and 60.13. Comment: One commenter (11) discusses the proposed 40 CFR 62.15995(a)(3)(ii)(C), which includes specific requirements for installation of a pH monitoring system if a scrubber is designed to control emissions of HCl or SO2. Specifically, 40 CFR 62.15995(a)(3)(ii)(C)(1) will require that a pH sensor be placed in a position at the scrubber effluent. The commenter explains that the requirement will cause issues in establishing an operating limit and in operating and maintaining the pH probe because of the elevated temperature of scrubber effluent and presence of erosive ash and sand particulate. The commenter further explains that it is likely that the pH probe measurement will drift under these conditions. Additionally, regarding the establishment of operating limits, the commenter believes that it is likely that the pH of scrubber effluent will vary during a performance test, depending on the varying presence of HCl and/or SO2 removed from the gas stream. The commenter states that using scrubber effluent pH is inconsistent with engineering design for scrubbers designed to remove acidic or alkaline gases from process air or flue. Typically, the adjustment and measurement of scrubber pH liquid is important for the feed (or influent) into a scrubber system. In a semantic sense, the term ‘‘scrubber liquid pH’’ used in 40 CFR 62.15985(a)(1) is typically understood to be the liquid introduced (i.e., feed) into a scrubber. This is a fundamentally different term than ‘‘scrubber effluent pH,’’ as noted in 40 CFR 62.15995(a)(3)(ii)(C). The commenter recommends that the pH of scrubber liquid, specifically the feed water into a scrubber, be used for establishing operating limits. The commenter also states that the pH monitoring system should be placed at the feed water, and not the scrubber effluent. Response: This comment is outside the scope of the SSI federal plan, since the federal plan is intended to implement the EG. The EPA thanks the commenters for their valuable feedback and ideas. We will consider making changes to the EG and federal plan to incorporate the suggested revisions in the future. If a particular operating PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 26047 parameter is inappropriate for a sitespecific configuration, under 40 CFR 62.16050, 40 CFR 60.8 and 60.13, the facility may submit an alternative monitoring plan to the appropriate EPA regional office. Comment: One commenter (08) describes that the proposed 40 CFR 62.15995 includes requirements to prepare site-specific monitoring plans for continuous parameter monitoring systems (CPMS). The proposed rule contains specific sensitivity specifications for certain types of CPMS. The commenter explains that most SSIs have been operating satisfactorily with legacy CPMS, installed at the time of installation or shortly thereafter as the ‘‘kinks’’ were worked out. At this time, however, it is often impossible to obtain performance specifications for the CPMS components or the overall CPMS, for a variety of reasons. The commenter discusses that, when the equipment was purchased, performance specifications with that degree of granularity were often not required as part of equipment specification. It may be impossible to now obtain the data retroactively from vendors or manufacturers, because suppliers are no longer in business, or the manufacturers did not acquire or retain the data because it was not required. Thus there will be situations in which an affected SSI unit has an existing continuous parameter monitoring equipment that is working satisfactorily with years of reliable performance, but for which the operator cannot produce the ‘‘paperwork’’ documenting that the unit meets the performance specification of the proposed 40 CFR 62.15995. The commenter asks the EPA what alternatives are available to operators of SSI units in these circumstances. The commenter also asks that if the rule is promulgated as proposed, will the operators of those SSI units be required to replace working and effective CPMS simply for the lack of ‘‘paperwork’’. The commenter believes that discarding equipment that is working for lack of ‘‘paperwork’’ seems unnecessary and wasteful, particularly since newer equipment with greater sensitivity might actually be more susceptible to breakdown or performance excursions. Response: While the EPA has stated its belief that it is prudent for records of specifications for measurement equipment to be kept, the EPA understands that these records may no longer exist. In cases where this information no longer exists, that reason alone will not require facilities to replace their equipment. Instead, the facility may demonstrate that the equipment meets the requirements E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26048 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations given in the rule. For example, for temperature measurements, such a demonstration could rely on comparison to a redundant temperature measurement device, a calibrated temperature measurement device or a separate sensor check and system check by temperature simulation. It is important for monitoring equipment to meet minimum specifications in order to return data of known quality. While the monitor may be working, without data of known and satisfactory quality, neither the owner or operator nor the EPA can be assured that the facility is in compliance. Comment: One commenter (08) identifies that the proposed 40 CFR 62.15995(a)(7) would establish requirements to determine when a continuous monitoring system (CMS) is out of control. They specify that paragraph (a)(7)(i) sets forth that a CMS system would be deemed to be out of control if drift exceeds two times the applicable calibration drift specification (paragraph (a)(7)(i)(A)) or the unit fails certain required performance test audits (paragraph (a)(7)(i)(B)). As the commenter reads the proposed federal plan, the universe of CMS that fall under this provision is unclear. They discuss that one interpretation is that the proposed federal plan applies to all CMS, which would indicate that an ‘‘out-of-control’’ specification would need to be developed for each CMS. Following this interpretation, all CMS that are not subject to performance audits would need to develop an ‘‘outof-control’’ drift specification. The commenter asks how ‘‘out-of-control’’ specifications would be developed for CMS that are subject neither to a performance audit nor to drift. The commenter has an alternate interpretation of 40 CFR 62.15995(a)(7), which is that it applies only to CMS for which drift is a meaningful and relevant concern. The commenter believes that the rule as written, however, does not clearly limit 40 CFR 62.15995(a)(7) to such situations. Response: The rule applies to all CMS. Section 62.15995 of 40 CFR part 62 requires owners or operators to develop and submit for the Administrator’s approval site-specific monitoring plans for each CMS. Section 62.15995(a)(3) of 40 CFR part 62 requires owners or operators to identify ongoing performance evaluations in their site-specific monitoring plans for all CMS (both CEMS and CPMS). A failure of one of these ongoing activities (e.g., the performance evaluation described in the site-specific monitoring plan) constitutes an out-of-control period and triggers corrective action. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 The EPA further notes that owners and operators must conduct a performance evaluation of a pressure sensor no less frequently than annually per 40 CFR 62.1995(a)(3)(ii)(B)(5). Comment: Two commenters (12 and 13) identify that under the EG and the proposed federal plan, the lowest 4-hour average effluent water flow rate at the outlet of the wet electrostatic precipitator (WESP) recorded during the most recent performance test demonstrating compliance with the particulate matter, lead, and cadmium limits, becomes the WESP’s site-specific minimum water effluent flow rate. Commenters discuss that the data are supposed to be measured and recorded on an hourly basis, and compliance is determined on a 12-hour block average. Commenter (13) specifically notes that the EG only requires three 1-hour long performance test runs, which means that the minimum water effluent flow rate will actually be the lowest 1-hour average. Both commenters convey that water does not continuously run through a WESP. A WESP is only flushed (clean) with water approximately once every 6 hours and the flush lasts for approximately 3 minutes. Commenter (13) explains that the rate at which flushing water is added to the WESP is normally in the range of 50–100 gallons per minute, but it can vary depending on the size of the unit. Commenter (13) states that unlike other industries, all of the WESPs located at publicly owned treatment works (POTWs) are preceded by wet scrubbing systems and the gas stream entering the WESP is saturated with moisture. As a result, there is no need to install water sprays prior to the WESP’s inlet. The commenter asks whether the use of water sprays in other industries is the reason that the minimum water effluent limit was included in the SSI rules. The commenter explains that unless flushing water is being utilized, the water effluent flow rate recorded during the performance test will only consist of a small amount of moisture that has been carried over from the wet scrubbers and the condensation that occurs within the WESP. A number of POTWs combine the effluent from their wet scrubbers and WESPs into a single pipe, making it almost impossible to accurately measure the WESP water effluent. The commenter requests that POTWs be allowed to monitor the WESP’s flushing water inflow in lieu of measuring the WESP’s effluent, if this requirement is retained in the final federal plan. Commenter (12) states that the rule requires a minimum water flow rate for PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 the WESP in gallons-per-minute (gpm), just like the scrubber water flow rate. Scrubber water, however, flows continuously while WESPs are only flushed once every 6 hours. Since the flushing water is not continuous, SSI unit owners and operators have difficulty developing a minimum flow rate. In addition, a WESP gravity effluent pipe with a diameter of 4 inches or 6 inches, necessary to avoid clogging in some configurations, is too large for a meter to accurately measure the low rate of flow. In some cases, WESP effluent flows into a common drain pipe where backflow into the drain can affect the accuracy of the reading. One SSI unit owner/operator requests that they be allowed to measure the water feed to the WESP, instead of measuring the flow at the outlet of the WESP. The influent flow rate will be greater than or equal to the effluent rate due to possible evaporation within the unit. However, the commenter has a more basic question as to why the rule requires a minimum WESP effluent water flow rate as a site-specific operating parameter. Based on the information the commenter has collected, water flow does not change the WESP’s collection efficiency. In fact, at some times, there can be more water draining out of the WESP then is being added to it. The exception is when flushing occurs, which is due to the condensation of the moisture in the exhaust gases that have been saturated in the wet scrubbers. The commenter requests clarification on this topic in the final federal plan. Similarly, another commenter (16) believes that 40 CFR 62.15985 as proposed is impractical. The commenter states that 40 CFR 62.15985 indicates that water flow rate at the outlet of the WESP must be monitored. The commenter remarks that water usage by the WESP is intermittent and at many times too minimal for a mag-meter of the size necessary on the effluent pipe to accurately measure. A pressurized influent pipe supplying water to the WESP is much smaller, improving the accuracy of the mag-meter. The commenter describes that a WESP gravity effluent pipe with a diameter of 4 inches to 6 inches, necessary to avoid clogging, is too large for a mag-meter to accurately measure the low rate of flow. Commenter (13) references EPA guidance document for ‘‘Compliance Assurance Monitoring’’ (CAM) that covered WESPs used for particulate matter control; voltage was listed as the prime and only measurement for compliance monitoring. The commenter states that this document also acknowledged that wash water is only used on an intermittent basis and results E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations in slight and temporary reductions in voltage. Since the water effluent flow rate is not indicative of a WESP’s removal efficiency, WESPs are subject to a site-specific secondary voltage or amperage operating limit, and WESPs located at POTWs do not require water sprays, the commenter asks the EPA to consider eliminating the WESP water effluent operating parameter from the EG and final federal plan. Response: The choice of site-specific operating parameters is outside the scope of the federal plan, and EPA did not propose or solicit comment on revisions to these provisions. The EPA thanks the commenters for their valuable feedback and ideas. We will consider making changes to the EG and federal plan to incorporate the suggested revisions in the future. The EPA recognizes that the commenters have asked for clarifications on some of the points related to WESP water flow and we provide clarification below. First, commenters note that the lowest 4-hour average effluent water flow rate at the outlet of the WESP, recorded during the most recent performance test demonstrating compliance with the PM, Pb, and Cd limits, becomes the WESP’s minimum water effluent flow rate, but that the regulation only requires three 1hour performance test runs, which means that the minimum water effluent flow rate will actually be the lowest 1hour average. The EPA notes that the regulation requires a minimum sample volume for each test run, not a minimum sample time. It is possible that some performance tests for PM and metals may not require 4 hours in total to achieve the minimum sample volume for the three runs. However, because the operating parameters must be set based on a 4-hour average from the performance test, the EPA has concluded that it is necessary to test for at least 4 hours (in total, not per run), even if this means collecting more than the minimum sample volume prescribed in the rule. Second, the EPA is clarifying why effluent water flow is an appropriate operating parameter for a WESP and why it accurately reflects a WESP’s ability to efficiently collect PM. All ESPs operate under the principle that opposite charges exist between the plates and the particles. When the plates become too caked with collected particles, there will no longer be enough pull from the plates to attract the particles from the incoming gas stream. The plates must be continuously or intermittently (at regular intervals) washed to maintain the attraction. In some situations, either influent or effluent water flow can provide an VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 adequate indicator of performance. However, as one commenter noted, sometimes the influent flow rate is maintained at greater than or equal to the effluent rate due to possible evaporation within the unit. In this type of situation, it is important to monitor the effluent flow rather than the influent flow. If the water evaporates and does not make it all the way through the system and does not clean all of the plate surfaces, than the water flow is not adequate, but this would not be reflected if measuring inlet flow rate. Further, the commenter’s assertion that the EPA’s CAM guidance lists voltage as the prime and only measurement for compliance monitoring is incorrect. The CAM guidance is meant only to provide examples for operating parameters for different control devices; it is not meant to be all inclusive. However, the second example for WESP in the CAM guidance lists three different monitoring parameters: secondary voltage, quench inlet temperature, and WESP outlet temperature. The WESP outlet temperature measurement serves as an indicator of water flow through the system, thereby demonstrating that even in the CAM guidance the EPA has acknowledged the importance of water flow in a WESP. The EPA also reminds commenters that if a particular operating parameter is inappropriate for their site-specific configuration, under 40 CFR 62.16050, 40 CFR 60.8 and 60.13 the facility may submit an alternative monitoring plan to the appropriate EPA regional office. Comment: One commenter (12) discusses that the 2011 EG and proposed federal plan include parametric monitoring requirements for good combustion at 40 CFR 62.15960. The commenter points out that a definition of ‘‘combustion chamber’’ is not provided in 40 CFR 62.16045, though the definition for ‘‘fluidized bed incinerator’’ makes mention of ‘‘combustion chamber.’’ A multiple hearth incinerator typically includes drying, combustion and cooling zones and could also include an afterburner for carbon monoxide removal. The commenter believes that it is unclear whether the requirement under 40 CFR 62.15960 to establish a minimum operating temperature applies to (a) the combustion chamber within a fluidized bed incinerator and the afterburner in a multiple hearth incinerator only, or (b) to all hearths/zones within a multiple hearth incinerator as well as (a), or (c) to only the combustion zone within a multiple hearth incinerator as well as (a), or (d) does not apply at all to any of the hearths/zones within a multiple hearth incinerator. The commenter PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 26049 stresses the importance of developing site-monitoring plans for temperature sensors that are affected under 40 CFR 62.15995(a)(3)(ii)(D). Response: The SSI federal plan does not define the term ‘‘combustion chamber.’’ In response to the comment regarding where the minimum combustion temperature is applied, we are clarifying that the minimum combustion temperature is to be applied in the combustion zone of the unit. The drying hearth or zone temperature typically ranges between 800 and 1,400 degrees Fahrenheit. In the drying zone, the sludge that is dried is heated so that efficient combustion may then occur. We do not believe it is appropriate to establish minimum combustion temperature in the drying zone because the drying zone’s purpose is to reduce the moisture and heat up the sludge, not to combust the sludge. The temperature of the combustion zone is typically 1,700 degrees Fahrenheit. Combustion typically requires at least greater than 1400 degrees Fahrenheit to destroy solids and fixed carbon. We intend for the minimum combustion temperature to be applied in the combustion zone in order for good combustion to occur. From the combustion zone, the cooling zone occurs next where ash cools and heat is transferred to the incoming combustion air. The cooling zone also would not be appropriate to apply the minimum combustion temperature because combustion should have completed by this point. Comment: One commenter (12) states that they have had numerous discussions with the EPA about the EG and proposed federal plan’s requirement relating to fugitive visible emissions from ash handling. They identify that other Maximum Achievable Control Technology standards specifically state that this requirement applies to emissions from the building to the atmosphere, not from equipment within the incinerator building, and EPA has confirmed in phone conversations with the commenter that the same is true for the visible emissions requirements for ash handling in the EG and proposed federal plan. The commenter requests that this be clearly stated in the final federal plan. The commenter believes that any attempt to apply the fugitive ash requirement within the incinerator building would be unjustified and lead to major compliance issues. Response: The underlying emissions guideline is clear that the requirement applies to fugitive visible emissions from the ash handling system. The definition of an SSI unit at 40 CFR 62.16045 describes that the unit includes all ash handling systems E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26050 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations connected to the bottom ash handling system and that the combustion unit bottom ash system ends at the truck loading station or similar equipment that transfers the ash to final disposal. Tables 2 and 3 of the federal plan regulatory text further specify that the visible emissions of combustion ash from an ash conveying system include conveyor transfer points. It is not predicated on the location of the ash handling system. The 2011 EG and NSPS response to public comments also explains that the rule should and does require that the source owner or operator verify that the measures necessary to limit the amount of fugitive dust exiting the transfer points and exhausts from the building are such that they meet the visible emissions standard.16 The commenter did not provide any specifics as to why the emission standard for fugitive emissions from ash handling is unjustified or would lead to major compliance issues. Comment: One commenter (12) states that according to the EG and the proposed federal plan, all of the operating parameters, with the exception of scrubber water pH, are to be equal to the lowest 4-hour average measured during the most recent compliance test. The commenter states that EPA staff have indicated that when writing the EG, EPA personnel assumed that each of the three required test runs would be 4 hours in duration. However, the EPA included air emission test protocols in the final rule for performance testing that allow three 1hour test runs. During correspondence with EPA, the commenter states that EPA staff agreed that 1-hour test runs were acceptable for establishing operating parameters. Furthermore, the EPA agreed that the lowest 4-hour average should be deleted and replaced with the 1-hour test run average already agreed to in principle. The commenter asks the EPA to confirm this in writing in the final federal plan and through the appropriate process to update any state implementation plans, as well in 40 CFR part 60, subpart LLLL (NSPS for SSI units). Response: The EPA notes that the regulation requires a minimum overall sample volume for each test run, not a minimum sample time. It is possible that some performance tests for PM and metals may not require 4 hours in total to achieve the minimum sample volume for the three runs. However, because the operating parameters must be set based on a 4-hour average from the performance test, the EPA has 16 See Docket Identification Number EPA–HQ– OAR–2009–0559–0171. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 concluded that it is necessary to test for at least 4 hours (in total, not per run), even if this means collecting more than the minimum sample volume prescribed in the rule. Comment: One commenter (12) recognizes that numerous SSI unit owners and operators have raised questions regarding setting and implementing operating limits. The commenter provides the following example: During a recent performance test at one facility to establish venturi water flow rate, when the flow rate was recorded at 344 gpm. The commenter asks whether the utility must set the flow rate at the level or whether it can set the flow rate at 340 gpm. The commenter states that SSI unit owners and operators are not familiar with these provisions and would benefit from any additional guidance the EPA can provide. The commenter states that some leeway makes sense due to measurement variability. The commenter believes that compliance with the parametric limit should be based on the average high/low value (as appropriate) plus or minus 30-percent, consistent with the existing 40 CFR part 60, subpart O requirements. The commenter requests that the EPA clarify how averages are to be calculated. They state that utilities need to know how the x-hour averages are calculated for each operating parameter. Scrubber flow rate, liquid pH, combustion chamber operating temperature, etc. limits all depend of knowing how this calculation must be performed. Response: The rule provides sufficient flexibility to owners and operators to establish monitoring parameters that are achievable on an on-going basis. The owner and operator also has the flexibility to conduct repeat performance tests to re-establish performance tests parameters. While 40 CFR part 60, subpart MMMM, do not provide for the plus or minus 30-percent allowance that is in 40 CFR part 60, subpart O, the EPA notes that the operating parameter averaging times in subpart MMMM are much longer than the averaging times in subpart O. This is meant to account for the short-term fluctuations in the operating parameter readings and serves a similar purpose to the 30-percent allowance. The EPA does not think that providing the 30-percent allowance on top of the long averaging times is appropriate for ensuring continuous compliance. Section 62.15985 of 40 CFR part 62 describes how operating limits are established and Table 4 of the federal plan regulatory text describes how to demonstrate compliance with operating PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 parameters limits. For example, minimum combustion chamber temperature is equal to the lowest 4hour average combustion chamber temperature during the performance test. This is likely the combustion chamber measured over one test run, as the test run for dioxins and furans is likely to last around 4 hours. If this 4hour average is 1,802 degrees Fahrenheit, the limit is 1,802 degrees Fahrenheit, not 1,800 degrees Fahrenheit. On a continuous basis, the combustion temperature would be measured and recorded at least once every 15 minutes, and those data would be used to calculate hourly arithmetic averages. The hourly average would then be used to calculate a 12-hour block average. The 12-hour block average would be compared to the lowest 4-hour average recorded during the test (1,802 degrees Fahrenheit in this example) to determine compliance. Compliance with the other operating parameter limits are demonstrated similarly according to the specific timeframes noted in 40 CFR 62.15985 and Table 4 for each operating parameter. Comment: One commenter (12) requests that the EPA considers building some measure of flexibility into the sitespecific operating limits. Specifically, the commenter suggests that the enforceable site-specific operating limit could be higher or lower than the limit established during the compliance tests within some defined boundaries. The commenter provides an example: If the lowest total pressure drop during the testing is 40 inches and the particulate matter and the metal emissions rates are all at or below 75-percent of the standards,17 is EPA willing to reduce the total pressure drop operating limit to 36 inches? The commenter believes that the EPA has allowed this type of flexibility in its 40 CFR part 60, subpart O, and 40 CFR part 503 requirements. Response: This comment is outside the scope of this action, since EPA is adopting a federal plan that simply implements the underlying requirements of the EG. The EPA thanks the commenters for their valuable feedback and ideas. We will consider making changes to the EG and federal plan to incorporate the suggested revisions in the future. If a particular operating parameter is inappropriate for a site-specific configuration, under 40 CFR 62.16050, 40 CFR 60.8 and 60.13 the facility may submit an alternative 17 The commenter acknowledges that the EG does allow for reduced frequency of testing for pollutants that are at or below 75-percent of the emissions limits for at least two consecutive years. E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations monitoring plan to the appropriate EPA regional office. Comment: One commenter (12) states that SSI unit owners and operators are concerned they will be required to meet the emissions limits required by the federal plan and the operating parameters immediately after the initial compliance test. Based on conversations with EPA regional staff, the commenter understands that, as long as an SSI unit continues to operate as specified in an existing title V permit or other authorizing document (where there is no title V permit), they are not required to operate the control equipment under the established parameters of the rule’s initial compliance test until the compliance date of March 21, 2016 (or earlier date specified by a state implementation plan). The commenter asks the EPA to confirm this in writing. Response: The EPA reiterates that the final compliance date of the federal plan in March 21, 2016. SSI units will need to be in compliance by that date, including operating within the limits of the operating parameters they establish during the initial performance test. Compliance before the compliance date is encouraged but not required. SSI units subject to state plans may be required to meet earlier compliance dates. The EPA notes that SSI units must also comply with the requirements in their title V operating permits. Comment: One commenter (16) states that proposed 40 CFR 62.16015 implies that the use of the bypass stack when sewage sludge is not being charged is not an emission standard deviation. Section 62.16015 of 40 CFR part 62 states that 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 of the subpart. The commenter asks the EPA if this interpretation is correct. Similarly, the commenter states that proposed 40 CFR 62.15955 implies that emissions limits and standards do not apply to a bypass stack or vent if sewage sludge is not being combusted. Section 62.15955 of 40 CFR part 62 states that emissions 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). The commenter asks EPA if their interpretation is correct. The commenter (16) further identified that 40 CFR 62.15970 appears to conflict VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 with 40 CFR 62.15955. Section 62.15970 of 40 CFR part 62 reads, ‘‘emission limits and standards apply at all times and during period of malfunction.’’ Section 62.15955 of 40 CFR part 62 includes the proviso ‘‘at all times the unit is operating.’’ The commenter interprets the statement, ‘‘at all times’’ as written in 40 CFR 62.15970 to conflict with the implication in 40 CFR 62.15955 that emissions limits and standards apply to a bypass stack while sewage sludge is in the combustion chamber. The commenter points out that the term ‘‘operating’’ as used in the proposed federal plan is not defined. The commenter asks the EPA to clarify if the term ‘‘operating’’ is the period of time when sludge is being combusted in the incinerator, or is the term to mean any period of time that burners are on in the incinerator, regardless of whether or not sludge is being combusted. The commenter also points out that the term ‘‘operating limits’’ is used in the regulations, but the definition of ‘‘operating’’ is not clearly defined. Similarly, the commenter cites a discussion at 80 FR 23411, which states that ‘‘any incident of deviation, resumed operation following shutdown, force majeure . . . are required to be reported to the Administrator.’’ The commenter reiterates that the term ‘‘shut-down’’ is defined as ‘‘the period of time after all sewage sludge has been combusted in the primary chamber.’’ The commenter explains that it is common practice for an SSI facility to run out of sludge to incinerate, and is therefore ‘‘shutdown’’ on a regular basis, either weekly or possibly more frequently until they have enough sludge to incinerate. The commenter asks the EPA to clarify whether this discussion in the preamble of the federal plan proposal means that each time an SSI facility runs out of sludge and/or temporarily shuts off the sludge feed to the incinerator for operational reasons, and then resumes burning sludge, the Administrator must be notified. The commenter asserts that ‘‘shutdown’’ by definition can exist with the burners on but with no sludge being combusted. The commenters interprets that this could mean that the term ‘‘operation’’ should be defined as any time sludge is being combusted in the incinerator. The commenter further states that 40 CFR 62.15970 conflicts with their understanding that, during the time when sludge is not being combusted in the incinerator, it is not a deviation if the natural draft damper is open. Section 62.15970 of 40 CFR part 62 states that for determining compliance with the carbon monoxide (CO) concentration limit using CO CEMS, the PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 26051 correction to 7-percent oxygen does not apply during periods of startup or shutdown. Use the measured CO concentration without correcting for oxygen concentration in averaging with other CO concentrations (corrected to 7percent oxygen) to determine the 24hour average value. The commenter explains that CEMS obtain samples from the main incinerator stack, after pollution control equipment. The CEMS does not sample from the natural draft stack, therefore while the natural draft stack is open the CEMS is in essence sampling ambient air and therefore inclusion of the CO concentrations during these times seems irrelevant. The commenter states that CO is still required to be monitored when sludge is not being combusted in the incinerator during a period of shutdown. The commenter asks EPA to clarify why, if emission limits do not apply when sludge is not being combusted, CO must continue to be monitored, which requires the constant operation of a scrubber, a WESP, and an afterburner to obtain a valid CO reading. Response: The language in 40 CFR 62.16015 is clear in specifying that use of the bypass stack when sewage sludge is charged is a deviation of the standards. Section 62.15955 of 40 CFR part 62 also clearly states that the emission limits and standards apply to emissions from a bypass stack or vent while sewage sludge is in the combustion chamber. EPA disagrees with the commenter that 40 CFR 62.15970 conflicts with 40 CFR 62.15955. The emissions standards apply at all times. While we would expect that the source could meet the emissions limit when not charging sludge (e.g., when burning a fuel such as natural gas), that is not a given. Therefore, we did not provide specific rule language for the use of the stack bypass when sewage sludge is not being charged as the ‘‘flip’’ side to the requirement at 40 CFR 62.16015 and 40 CFR 62.15955. Defining terms in the federal plan that are not defined in the underlying EG is beyond the scope of this rulemaking. CAA section 129 clearly directs the EPA to structure the rule to include monitoring provisions of parameters relating to the operation of the unit and its pollution control equipment. Furthermore, we believe that the term ‘‘operating limit’’ is sufficiently understood by the regulated community. The EPA points out that the federal plan does define the term ‘‘operating day’’ to mean a 24-hour period between 12:00 midnight and the following midnight during which any E:\FR\FM\29APR3.SGM 29APR3 26052 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES amount of sewage sludge is combusted at any time in the SSI unit.18 Regarding the differing language ‘‘at all times when the unit is operating’’ in 40 CFR 62.15955 and the language ‘‘at all times’’ in 40 CFR 62.15970, we do not believe that the underlying EG intended any significance to this difference. As discussed in the preamble to that rule, we are clear that the emissions limits and standards apply at all times (see 75 FR 63265 and 75 FR 63282). The EPA is finalizing the notification requirements as proposed to require that sources notify the Administrator following any incident of deviation, force majeure, intent to stop or start use of CMS, and intent of conducting or rescheduling a performance test. EPA clarifies that notification of resumed operation following shutdown as cited by the commenter at 80 FR 23411 is clear in the rule text. Specifically, the notification of resumed operation following shutdown of the unit is in the context of a qualified operator deviation. See 40 CFR 62.15945(b)(i) and (ii), 40 CFR 62.16030(e), and table 6 in the rule. Please note that the rule requires other notifications associated with a unit ceasing operations or going ‘‘offline’’.19 Lastly, 40 CFR 62.15970 clearly states that operating limits only apply when sludge is being combusted including residence time, but the emission limits apply at all times. The definition of bypass stack indicates that the bypass stack’s intended purpose is to avoid severe damage to air pollution control devices or other equipment.20 The EPA did not intend for facilities to use the bypass stack at all times when there is no sewage sludge being burned. Therefore, emissions should generally be routed to the main stack even during periods when sewage sludge is not being burned, and the requirement to continue monitoring the emissions with the CO CEMS is relevant, as compliance with the emission standard is still required during these periods. Comment: One commenter (16) asks the EPA to clarify if 40 CFR 62.16020 includes periods of time when sludge is not being combusted in the incinerator. Section 62.16020 of 40 CFR part 62 states that if your SSI unit has a bypass stack, you must install, calibrate (to 18 See 40 CFR 62.16045. a full list of notification requirements, please see Table 6 of 40 CFR part 62, supart LLL. 20 Comments received on the 2011 EG and NSPS indicate that bypass stacks are an essential part of the safety equipment and use of the stack indicates that the unit is not operating under normal conditions. See Docket Identification Number EPA– HQ–OAR–2009–0559–0171. 19 For VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 manufacturers’ specifications), maintain and operate a device or method for measuring the use of the bypass stack including date, time, and duration. The commenter explains that it is common practice for SSIs to open the bypass stack and ‘‘coast’’ on natural draft during periods when sludge is not being combusted in the incinerator in order to save fuel, electricity, and wear and tear on equipment. The commenter, referencing their comment that they interpret 40 CFR 62.16015 to imply that the use of the bypass damper when sludge is not being combusted in the incinerator is not a deviation, asks whether the recordkeeping and reporting requirements of 40 CFR 62.16020 do not apply while not combusting sludge in the incinerator. Response: The rule is clear as written. The requirement to install, calibrate, maintain and operate a device or method for measuring the use of the bypass stack including date, time and duration applies when sludge is combusted and when sludge is not combusted. Comment: One commenter (16) asks the EPA to clarify if 40 CFR 62.16015 is to be interpreted to mean that each daily calibration check, zero and span adjustments, and quarterly and annual calibrations must be reported in a deviation report. Section 62.16015 of 40 CFR part 62 states that any data collected during monitoring system malfunctions, repairs, or required monitoring system quality assurance or control activities must be reported in a deviation report. Response: As the commenter notes, periods of equipment malfunction, repairs and out-of-control periods are to be reported as deviations. While we do not intend all instances of required quality assurance and quality control activities to be reported as deviations, to the extent that ongoing quality assurance and quality control activities require an amount of time such that an hourly average cannot be determined for that hour consistent with the requirements given in 40 CFR 60.13(h)(2)(iii) (i.e., there are not enough data collected during the hour), those periods should also be reported as deviations. Reporting of such periods informs regulatory authorities when unusual circumstances occur, allowing increased scrutiny as necessary. Comment: One commenter (16) asks that the EPA clarify how 40 CFR 62.15985 should be interpreted. Section 62.15985 of 40 CFR part 62 states that we must perform checks at least once each process operating day to ensure pressure measurements are not obstructed (e.g., check for pressure tap PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 plugging daily). The commenter explains that their pressure transducers and transmitters operate with a 4 to 20 milliamp signal sent to a controller that monitors the pressure reading and controls the equipment necessary to maintain the operating setpoint. Disconnection of the transducer to check ‘‘the tap’’ causes the signal from the transmitter to send incorrect milliamp signals back to the controller, which in turn can cause the controller to erroneously control the equipment, or, in a worst case scenario, to trigger safety shut-offs of the incinerator itself. Response: In general, we are not specifying how performance evaluations are to be performed. Due to the many variations in monitoring equipment, the manufacturer of the equipment is the best source for determining the proper technique for performing most performance evaluations. The sitespecific monitoring plan must include information on routine quality assurance and quality control procedures. The plan should include not only a schedule for performing the performance evaluations, but also a description of how the evaluations will be performed. Unless specified, the EPA is providing the facility with discretion to determine the best method to perform these evaluations for these site-specific monitoring systems. The facility, in conjunction with the equipment manufacturer, should determine the best manner for demonstrating that the pressure measurements are not obstructed. One example of such a procedure, checking for pressure tap pluggage, is provided, but it is not the only possible option. Comment: One commenter (16) asks that EPA clarify how 40 CFR 62.15990 should be interpreted. Section 62.15990 of 40 CFR part 62 requires that a ‘‘performance evaluation’’ of a pH meter be performed daily. The commenter explains that companies that provide inline continuous pH meters are not aware of any feature other than a calibration to demonstrate the accuracy of the meter, and calibrations are only required quarterly. The commenter points out that different regulators may consider the term ‘‘performance evaluation’’ differently, and may in fact consider a calibration as the only good method to determine the performance of the meter, which is not reasonable to do on a daily basis. Response: In general, we are not specifying how performance evaluations are to be performed. Due to the many variations in monitoring equipment, the EPA believes that the manufacturer of the equipment is the best source for determining the proper technique for E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations performing most performance evaluations. The site-specific monitoring plan must include information on routine quality assurance and quality control procedures. The plan should include not only a schedule for performing the performance evaluations, but also a description of how the evaluations will be performed. Unless specified, the EPA is providing the facility with discretion to determine the best method to perform these evaluations for these site-specific monitoring systems. A performance evaluation and a calibration are not meant to be the same thing, although a calibration could certainly suffice in lieu of a performance evaluation. The intent of a performance evaluation is to demonstrate that the equipment is still functioning within a specific degree of accuracy. It is akin to performing a calibration check of a CEMS in lieu of performing a CEMS calibration; in the former, the facility would merely show that the CEMS is still within a certain accuracy of a known standard, but the CEMS would not be adjusted in any way. The EPA has not provided specific examples of a pH meter performance evaluation, but one such example is performing a onepoint check on a known buffer solution. The facility, in conjunction with the equipment manufacturer should determine the best manner for demonstrating that the pH meter is reading accurately each day. Comment: One commenter (16) discusses their overall operations. Their MH unit has been in operation since 1994 and the air pollution control devices include a venturi scrubber, a plate scrubber, a WESP, and a regenerative thermal oxidizer (afterburner). Their standard operating procedure is to initiate the combustion of sludge on Monday, with continuous combustion until Saturday or Sunday depending on the amount of sludge inventory. Once they run out of sludge, charging of sludge to the incinerator is stopped, and the temperature of the SSI unit is stabilized to what they consider to be a cool standby condition (hearth number 3 is at 1,100 degrees Fahrenheit). Approximately 4 hours after the sludge feed is stopped, well past the residence time of sludge in the incinerator, the induced draft fan is shut off and the natural draft damper opens. Monday is then used for preventative maintenance or other work on the unit and pollution control equipment. During the time when the SSI unit is on natural draft, the scrubber, WESP, and afterburner are off-line. This allows the commenter the flexibility of shutting off the WESP and/or the afterburner. Late VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 on Monday, SSI unit temperatures are raised to 1,350 degrees Fahrenheit in preparation of again burning sludge, and the induced draft fan is re-started, placing the scrubber, WESP, and the afterburner back on-line. Then sludge feed to the unit is initiated. This process occurs weekly, possibly more often if unexpected maintenance on any of the SSI unit equipment or pollution control equipment becomes necessary. The commenter states that the proposed federal plan appears to imply that now any SSI unit owner or operator can never shut the induced draft fan off and coast the incinerator in a cool standby condition with the natural draft damper open even if sludge is not being combusted in the SSI. The commenter believes that this is implied because SSI unit owners and operators are directed to average CO at 7-percent oxygen while combusting sludge and with CO while not combusting sludge, to obtain the 24hour CO average. CO monitoring probes, however, are only installed on the induced draft fan stack, not on the natural draft stack, so in order to obtain the ‘‘average’’ CO reading, the induced draft fan has to be on-line at all times. Further, the commenter believes it is implied that if the induced draft fan is shut off (even when not combusting sludge), this is a reportable deviation that could subject the facility to enforcement action. The commenter further describes that any facility has to be able to shut off the induced draft fan for preventative maintenance, for other scheduled maintenance, and to save fuel without having it considered a deviation or violation. Additionally, the commenter states that it is not practical to run the induced draft fan when first turning on the burners (start-up) after a cold shutdown. The induced draft fan is not sized for cold air, and the temperatures inside the MH incinerator must be raised slowly, in most cases not more than 50 degrees per hour with several extended periods of ‘‘soak’’ that are intended to protect the refractory and brick. Running the induced draft fan during ‘‘start-up’’ from a cold start requires more fuel and requires electricity, and makes it difficult to properly raise temperatures to the proper burning range. However, 40 CFR 62.15970 implies that CO readings must be obtained at all times after start-up, not just when combusting sludge in the SSI. In order to do this, the induced draft fan must be turned on before the burners are even lit. Response: Section 62.15970 of 40 CFR part 62 clearly states the emission limits apply at all times. The definition of bypass stack indicates that the bypass stack’s intended purpose is to avoid PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 26053 severe damage to air pollution control devices or other equipment.21 As the commenter infers from the CO CEMS language, the EPA did not intend for facilities to use the bypass stack at all times when there is no sewage sludge being burned, and emissions should generally be routed to the main stack even during periods when sewage sludge is not being burned, except in cases when it is necessary to route emissions to the bypass in order to avoid damage to equipment. 4. Status of State Plans and Federal Plan Delegation Comment: Multiple commenters (09, 10, 12, 15) request that the EPA update the status of state plans in Table 2 of this preamble. One commenter (09) confirmed that the Minnesota Pollution Control Agency will not be submitting a state plan to the EPA but instead plans to incorporate federal plan requirements into the affected SSI’s title V permits once the federal plan is promulgated. One commenter (10) requests that the EPA reflect that the state of Rhode Island submitted a draft state plan to the EPA on October 10, 2014. One commenter (12) identified the state of Virginia as having received EPA approval of its state plan. Another commenter (15) clarifies that they intend to seek delegation of the federal plan for SSI units. Response: The EPA thanks the commenters for submitting these updates and corrections. We have reflected these changes in the record to this final federal plan and in Table 2, which is included in section II.C. of this preamble. Comment: Commenters (09, 11, 12, 15) request that the EPA clarify the implementation roles for ‘‘states,’’ ‘‘locals,’’ and the EPA with respect to the implementation of the EG. One commenter (12) believes that the lack of clarity is particularly an issue in those states where there are both state and local air agencies, but the states have not yet developed a state plan. The commenter requests that the EPA continue to work with state and local regulators to address these concerns. Commenter (11) further outlines that the proposed federal plan does not clearly discuss how the authority to implement the federal plan will be transferred to local air agencies, especially if a state decides not to develop a state plan or further adopt or implement the federal 21 Comments received on the 2011 EG and NSPS indicate that bypass stacks are an essential part of the safety equipment and use of the stack indicates that the unit is not operating under normal conditions. See Docket Identification Number EPA– HQ–OAR–2009–0559–0171. E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26054 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations plan. The commenter states that Washington state, where five municipalities operate SSI units, has not expressed a decision to submit a draft state plan to the EPA or take delegation of the federal plan. The commenter is concerned with the outcome of how the three local agencies affected will manage the implementation of the EG. The commenter urges the EPA to work directly and closely with local air agencies in order to clearly and effectively provide authority and technical guidance to SSI unit operators. The commenter believes that such authority should extend to local agencies so they can use their discretion to work with SSI unit operators in determining appropriate final compliance dates as proposed in 40 CFR 62.15875. Another commenter (15) states that they are a local air authority in Washington state that has an approved title V program and has received regular delegation approvals for NSPS and NESHAP regulations (40 CFR part 60 and 63). Their most recent delegation approval from EPA Region 10 was signed on February 19, 2015, for the NSPS for new SSI units at 40 CFR part 60, subpart LLLL. The commenter states that the local agency intends to seek delegation of the federal plan as soon as possible. This local air agency plans to expedite their request for delegation following the final federal plan instructions so that they can address the regulatory gap in the title V permits for units in their district. Response: The EPA is finalizing the delegations of authority provisions as proposed, and clarifying that local agencies may directly request delegation of authority to implement the SSI federal plan with respect to sources within their jurisdiction provided they have authority under state law to do so. While the preamble to the proposal does not specifically address how to address the situation where there are both state and local air agencies and the state has not yet developed a state plan, the EPA stated that it will do all that it can to expedite delegation of the federal plan to state and local agencies in those situations. However, since this involves resolution of issues of state authority, the EPA expects that local agencies will work with their states and the appropriate EPA regional office to resolve these issues affecting their ability to implement the EG under a state plan or delegated federal plan for the area. See 40 CFR 60.26(e). In the meantime, a state or tribe with an approved title V program with authority under state or tribal law to incorporate CAA section 111/129 requirements into VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 its title V permits is able to implement and enforce these requirements in the permitting context. See 80 FR 23413. As the EPA discussed in the proposed federal plan the EG are not directly enforceable; they are only fully implemented when the EPA either approves a state plan or adopts a federal plan that implements and enforces the EG.22 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 limitation 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 for state CAA section 111(d) plans 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 directs states, tribes, and locals that intend to take delegation of the federal plan to submit to the appropriate EPA regional office a written request for delegation of authority.23 The requester must explain how they meet the criteria for delegation. The EPA references the ‘‘Good Practices Manual for Delegation of NSPS and NESHAP’’ (EPA, February 1983) as a guidance document for states, tribes, and locals to follow. The EPA clearly describes two mechanisms for transferring authority to state, tribal, and local agencies: (1) 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 of authority to a state, tribal, or local agency to implement certain portions of the federal plan to the extent appropriate and allowed by law. The EPA will generally delegate the entire federal plan to the requesting agency. These functions include administration and oversight of compliance reporting and record keeping requirements, SSI inspections and preparation of draft notices of violation, but will not include authorities retained by the EPA. Agencies that have taken delegation, as well as the EPA, will have 22 See 23 See PO 00000 the discussion beginning on 80 FR 23411. 40 CFR 62.15865 and 40 CFR 62.16050. Frm 00016 Fmt 4701 Sfmt 4700 responsibility for bringing enforcement actions against sources violating federal plan provisions. Specifically, the proposed federal plan requires that an acceptable delegation request must include the following: a demonstration of adequate resources and legal authority to administer and enforce the federal plan (e.g., attorney general’s (AG’s) opinion 24); an inventory of affected SSI units and their air emissions in addition to their compliance schedules; certification and documentation that a public hearing on the delegation request was held; and a commitment to enter into a memorandum of agreement with the EPA Regional Administrator who sets forth the terms, conditions, and effective date of delegation and that serves as the mechanism for the transfer of authority.25 Neither the SSI EG nor the proposed federal plan define ‘‘state.’’ ‘‘State’’ is defined in 40 CFR 60.2, however, to mean all non-Federal authorities, including local agencies, interstate associations, and state-wide programs, that have delegated authority to implement: (1) the provisions of the part; and/or (2) the permit program established under part 70 of the chapter. The term state shall have its conventional meaning where clear from the context. Because ‘‘state’’ is not defined in either the SSI EG or proposed federal plan, the broader definition of ‘‘state’’ in 40 CFR 60.2 applies in the SSI federal plan. This is because, as provided in 40 CFR 62.01, all terms not defined therein have the meaning given to them in the CAA and in part 60 of the chapter. Based on the lack of a more specific definition of ‘‘state’’ in the SSI federal plan and the definition of ‘‘state’’ in 40 CFR part 60, we are confirming here that local agencies may directly request delegation of authority to implement the SSI federal plan with respect to sources within their jurisdiction provided they have 24 A state’s AG’s opinion that its air agency has the authority to receive delegation and demonstrate that the rule will be implemented and enforced relative to the designated facilities. If an AG’s opinion was previously submitted, the opinion should be updated by the attorney general at the time a new delegation request is submitted to the EPA. The AG’s opinion will be crucial because promulgated EG are not written as direct requirements for designated facilities, but rather as requirements for the state to ensure that its state plan or delegation request contains enforceable regulations that are at least as protective as those in the EG. See 40 CFR 60.26 and 40 CFR 62.05 for all provisions that should be addressed in an AG’s opinion. 25 Guidance and information is provided in EPA’s ‘‘Delegations Manual, Item 7–139, Implementation and Enforcement of 111(d)(2) and 111(d)(2)/ 129(b)(3) Federal Plans.’’ E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES authority under state law to do so and they have met all the requirements specified in the federal plan for taking delegation. This is in contrast to the situation with state plans implementing EG, in which we believe the request for plan approval must be submitted by the state.26 The EPA strongly encourages state and local agencies in states that do not submit approvable state plans to request delegation of the federal plan so that they can have primary responsibility for implementing the 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 states, tribes, territories, and local agencies not only have the responsibility to carry out the EG, but also have the practical knowledge and enforcement resources critical to achieving the highest rate of compliance. It is generally preferable for state and local agencies to be the implementing agencies. The EPA reiterates that we will do all that we 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. Comment: One commenter (12) raises concerns regarding the EPA’s delay of proposing the federal plan. The commenter specifically states that the delay has exacerbated the difficulties SSI unit owners and operators have faced in implementing the EG, especially given the fact that a majority of states have not chosen to develop their own state plans. The commenter encourages the EPA to move expeditiously to finalize the federal plan. Response: The EPA acknowledges this comment. 5. Inventory of Units Comment: One commenter (09) confirms that the EPA has properly identified the two SSI facilities in Minnesota that will be subject to this SSI federal plan. Both facilities are owned and operated by Metropolitan Council Environmental Services, the regional wastewater treatment system operator for the Twin Cities area. Response: The EPA thanks the commenter for confirming the accuracy of the unit inventory for units in their state. 6. Remand Comment: Two commenters (11, 12) raise concerns that the EPA has not yet 26 See CAA section 110(a)(2)(e) and CAA section 111(d). VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 addressed the remand in the Court Decision NACWA v. EPA. Specifically, commenter (11) believes that the proposed federal plan is ambiguous and confusing and they are in an untenable position to comply. The commenter highlights that this is because of the EPA’s delay of issuing the federal plan, issuing associated policy and guidance directives for implementation of the rule, and the EPA’s decision to not yet address the remand in the DC Circuit Court decision NACWA v. EPA, 734 F.3d. 1115. Commenter (12) believes that the EPA must address both the issues raised in its May 29, 2014, Petition for Reconsideration and the rule remand in the DC Circuit Court August 2013 decision in NACWA v. EPA, 734 F.3d. 1115. The commenter states that it is inappropriate to issue a final federal plan in the absence of the EPA’s response to the remand. The commenter believes that the EPA’s failure to address the remand puts approximately 100 utilities in an untenable position: Facilities must commit millions of dollars to upgrade their SSI units to comply with emissions standards that the Court has ruled do not clearly meet CAA statutory mandates. The commenter discusses that they outlined further details in their 2014 Petition for Reconsideration that the EPA must either fully address the Court’s remand and adjust the final emissions standards as warranted or delay the compliance deadline for the rule to prevent this potentially wasteful expense of taxpayer dollars. Response: The EPA disagrees that issuance of the federal plan must be delayed until such time as we address the Court’s remand of certain issues in NACWA v. EPA. The Court’s remand was solely for the purpose of further explanation of the EPA’s methodology. Contrary to one commenter’s assertion, the Court did not find that the SSI rule was inconsistent with the CAA. Rather, the Court requested that the EPA better explain how its methodology meets the relevant statutory requirements. Further, the same commenter, which was a party in the NACWA case, requested that the Court vacate the SSI rule, and the Court declined to do so. Therefore, the Court understood and intended that the rule remain in place and that its implementation should move forward while the EPA responds to the remand. For this reason, the EPA also disagrees with the commenter who claimed that the SSI rule requirements are ‘‘not even established requirements,’’ since they remain in place. The EPA also disagrees that the agency must respond to one commenter’s 2014 petition for PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 26055 Reconsideration of the SSI rule, submitted following the NACWA decision, before issuing the federal plan. Nothing in the CAA, and specifically nothing in CAA section 129, suggests that the EPA should postpone promulgation of a rule required to be issued by the CAA by a date certain in order to address a petition for reconsideration. Nor does the commenter point to any such authority. Additionally, the petition at issue requests that the EPA withdraw the SSI rule and instead issue a different rule for SSI units under section 112 of the CAA. The EPA notes that the NACWA decision upheld our authority to regulate SSI units under CAA section 129, against a challenge claiming that the EPA must regulate the units under CAA section 112. 7. Other Comments Comment: One commenter (14) remarks on the interaction of the SSI federal plan and 40 CFR part 503, subpart E. The commenter asks if the federal plan for SSI units will establish different operating limits and reporting requirements that may be different than those established under the Clean Water Act at 40 CFR part 503, subpart E. The commenter requests that the EPA consider a streamlined approach to facilitate a single set of operational parameters for demonstrating compliance. Response: This comment is outside the scope of the SSI federal plan. However, the EPA discusses the relationship of the rule to other standards for the use or disposal of sewage sludge and associated air emissions in preamble of the March 21, 2011, EG and NSPS for SSI units at 76 FR 15375. Comment: One commenter (12) discusses that some SSI units are subject to the standard for particulate matter under 40 CFR part 60, subpart O, which establishes emissions limits, monitoring requirements, and recordkeeping requirements that are different than the guidelines and standards for SSI units under 40 CFR part 60, subparts MMMM and LLLL. The commenter gives the example of the requirement for pressure drop, which is different between subpart O and subparts MMMM and LLLL. Specifically, subpart O pressure drop is a 15-minute average while subpart LLLL is a 12-hour average. The commenter is aware of at least one facility that has submitted a request to the EPA to allow the utility to demonstrate compliance with subpart O by demonstrating compliance with subpart LLLL or MMMM. The commenter asks that the EPA clarify E:\FR\FM\29APR3.SGM 29APR3 26056 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations whether subpart O is superseded by the requirements of subparts MMMM and LLLL, if both sets of site-specific limits and reporting requirements apply, and whether a site-specific determination is necessary to avoid having to demonstrate compliance with both sets of requirements independently. Response: This comment is outside the scope of the SSI federal plan. 40 CFR part 60, subparts O, MMMM, and LLLL remain in effect in the CFR. Any affected facilities would need to comply with both regulations. For the most part, subparts MMMM and LLLL are more stringent than subpart O. Generally, if a facility is in compliance with the more stringent of the regulations, it would be in compliance with the other less stringent regulation. The EPA recognizes the differences between subpart O and subparts MMMM and LLLL. However, subparts MMMM and LLLL do not relieve SSI units of complying with subpart O, and therefore an owner/operator of an SSI unit that is affected by subpart MMMM or LLLL and subpart O would need to comply with both. For the scrubber pressure drop example, subpart O does require a much shorter averaging time (15-minute average versus 12-hour average), but a facility would only need to identify when this 15-minute average is 30-percent below the average pressure drop during the performance test. Subparts MMMM and LLLL do not have the 30-percent allowance. Additionally, subparts MMMM and LLLL require data recording at 15-minute intervals, so facilities should already have the 15minute average. Therefore, we do not believe that it is unreasonable or overly burdensome to comply with both limits. B. Affirmative Defense to Malfunctions As proposed, this final action does not include an affirmative defense to malfunction events. In the 2011 SSI rule, the EPA included an affirmative defense that 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).27 The EPA intends to revise the March 21, 2011, SSI EG and NSPS to remove the affirmative defense provision from the EG and NSPS in the future. V. Summary of Final SSI Federal Plan Requirements The 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 FINAL 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 .................................................................................................. asabaliauskas on DSK3SPTVN1PROD with RULES A. What are the final applicability requirements? The EPA finalizes the federal plan applicability requirements as proposed. The federal plan applies to existing SSI units meeting the applicability of 40 CFR 62.15855 through 62.15870 that are located in any state that does not currently have an approved state plan in place by the effective date of this federal plan. Existing SSI units 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 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 27 See 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 IV.I. at 80 FR 23407. 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 under the CAA. B. What are the final compliance schedules? The EPA finalizes the compliance date as proposed. The final compliance date remains March 21, 2016. However, as discussed in section IV.A. of this preamble, the EPA is revising this section to require that all SSI unit owners or operators submit a final control plan and achieve compliance by March 21, 2016. (See 40 CFR 62.15875 through 62.15915). The owner or operator must notify the EPA and permitting authority or delegated authority when they have submitted their final control plan and have come into compliance, as well as when and if these requirements are missed. The notification must identify the requirement and the date the requirement is achieved (or missed). If an owner or operator misses the deadline, the owner or operator must also notify the EPA and permitting authority or delegated authority when the requirement is achieved. The owner or operator must submit the notification to the applicable EPA regional office and permitting authority or delegated authority within 10 business days after the 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 requirement, along with its required completion date, follows. Submit Final Control Plan. To meet this requirement, the owner or operator of each SSI unit 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 80 FR 23407. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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. Completion date: March 21, 2016. 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 unit is brought online, all necessary process changes and air pollution control devices are operating as designed. Completion date: March 21, 2016. Consistent with CAA section 129(f)(3), an SSI unit which does not achieve final compliance by March 21, 2016, would be in violation of the federal plan and subject to enforcement action. See Section VI of this preamble which discusses SSI units that have shut down or will shut down. The discussion in those sections includes an explanation of requirements for units if they plan to permanently close, units that have been rendered inoperable, and units that have shut down but plan to restart before or after the compliance date. C. What are the final emissions limits and operating limits? The EPA finalizes the emissions and operating limits as proposed. These limits remain the same as the limits in the 2011 EG. Table 5 of this preamble summarizes the EG emissions limits 26057 promulgated. Existing sources may comply with either the PCDD/PCDF toxicity equivalence 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 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 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-percent oxygen ...... 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 ............................................. 64. 1.2 ................................................. 0.51. 0.28 ............................................... 220 ................................................ 0.037. 150. 0.30 ............................................... 0.0074. 0.32 ............................................... 0.10. 5.0 ................................................. 1.2. 80 .................................................. 18. 26 .................................................. 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. 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, Toxicity Equivalence (TEQ). PCDD/PCDF, Total Mass Basis (TMB). PM .................................................. SO2 ................................................ Fugitive emissions from ash handling. asabaliauskas on DSK3SPTVN1PROD with RULES D. What are the final performance testing and monitoring requirements? The EPA finalizes the performance testing and monitoring provisions as proposed. The following paragraphs list a number of testing and monitoring requirements in the 2011 EG that are being finalized in the SSI federal plan. 1. Performance Testing The performance testing provisions reflect those in the SSI EG. The 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 an option for less frequent testing if sources VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 demonstrate that their emissions of regulated pollutants are below thresholds of the emission limits. This federal plan 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 units 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 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 Emission limit for FB incinerators compliance test to demonstrate compliance with the visible emissions limit. For existing SSI units, use of Cd, CO, HCl, NOX, PM, Pb or SO2 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. The 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 E:\FR\FM\29APR3.SGM 29APR3 26058 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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. The federal plan incorporates by reference three alternatives to the EPA reference test methods as shown in Table 6 below. TABLE 6—LIST OF INCORPORATION BY REFERENCE Test method Publisher IBR in 40 CFR part 62, subpart LLL ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. Available for purchase from the American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016–5990, https://www.asme.org/. Available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106, https://www.astm.org/. Available from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272–0167, https://www.epa.gov. § 62.16015(b)(4)(vii) and (viii), (b)(5)(i), and Tables 2 and 3 to subpart LLL. § 62.16015(b)(4)(v) and Tables 2 and 3 to subpart LLL. ASTM D6784–02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), approved April 1, 2008. OAQPS Fabric Filter Bag Leak Detection Guidance, EPA–454/R–98–015, September 1997. asabaliauskas on DSK3SPTVN1PROD with RULES These tests are discussed further in section IX.I. of this preamble, titled ‘‘National Technology Transfer and Advancement Act (NTTAA).’’ 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 the 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 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. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 • 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 5percent 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 CMS is used to demonstrate compliance with the emissions limits. 3. Electronic Data Submittal The EPA is finalizing as proposed that owners and operators of SSI units are required to submit electronic copies of certain required performance test reports through the EPA’s Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI). This mirrors the 2011 EG for SSI units. As stated in the proposed preamble, electronic submittal of the reports addressed in this rulemaking will increase the usefulness of the data contained in those reports, is in keeping with current trends in data availability, will further assist in the protection of PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 § 62.15995(b)(3). public health and the environment and will ultimately result in less burden on the regulated community. Electronic reporting can also eliminate paperbased, manual processes, thereby saving time and resources, simplifying data entry, eliminating redundancies, minimizing data reporting errors and providing data quickly and accurately to the affected facilities, air agencies, the EPA and the public. As mentioned in the preamble of the proposal, the EPA Web site that stores the submitted electronic data, WebFIRE, will be easily accessible and will provide a user-friendly interface that any stakeholder could access. By making the records, data and reports addressed in this rulemaking readily available, the EPA, the regulated community and the public will benefit when the EPA conducts its CAArequired technology and risk-based reviews. As a result of having reports readily accessible, our ability to carry out comprehensive reviews will be increased and achieved within a shorter period of time. We anticipate fewer or less substantial information collection requests (ICRs) in conjunction with prospective CAArequired technology and risk-based reviews may be needed. We expect this to result in a decrease in time spent by industry to respond to data collection requests. We also expect the ICRs to contain less extensive stack testing provisions, as we will already have stack test data electronically. Reduced testing requirements would be a cost savings to industry. The EPA should also be able to conduct these required reviews more quickly. While the regulated community may benefit from a reduced burden of ICRs, the general public benefits from the agency’s ability to provide these required reviews more E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations quickly, resulting in increased public health and environmental protection. Air agencies could benefit from more streamlined and automated review of the electronically submitted data. Having reports and associated data in electronic format will facilitate review through the use of software ‘‘search’’ options, as well as the downloading and analyzing of data in spreadsheet format. The ability to access and review air emission report information electronically will assist air agencies to more quickly and accurately determine compliance with the applicable regualtions, potentially allowing a faster response to violations which could minimize harmful air emissions. This benefits both air agencies and the general public. For a more thorough discussion of electronic reporting required by this rule, see the discussion in the preamble of the proposal. 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 will save industry, air agencies, and the EPA significant time, money, and effort while improving the quality of emission inventories, air quality regulations, and enhancing the public’s access to this important information. asabaliauskas on DSK3SPTVN1PROD with RULES E. What are the final recordkeeping and reporting requirements? The EPA finalizes the recordkeeping and reporting requirements as proposed. These requirements reflect those finalized in the 2011 EG. The 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, final compliance reports are required following the completion of each requirement and identifying any missed requirement. See section V.B of this preamble for a more detailed discussion of the compliance schedules. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 F. What other requirements is the EPA finalizing? The EPA finalizes other requirements as proposed. 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 units 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 Units That Have or Will Shut Down A. Units That Plan To Close The federal plan establishes that if owners or operators plan to permanently close currently operating SSI units, 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 an SSI unit will be set forth at 40 CFR 62.15915, subpart LLL. The requirements to close an SSI unit also apply to ‘‘mothballed unit’’ or inactive unit situations which a unit does not operate and is not rendered inoperable. Until such time as a unit is permanently closed, it must comply with any applicable requirements of the federal plan. 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 The federal plan provides that in cases where an SSI unit 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 unit may be left off the source inventory in a state plan or this proposed federal plan. An SSI unit that has been rendered inoperable would not be covered by the federal plan. PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 26059 C. SSI Units That Have Shut Down The unit inventory for this federal plan includes any SSI unit that are known to have already shut down (but are not known to be inoperable). 1. Restarting Before the Final Compliance Date If the owner or operator of an inactive SSI unit plans to restart before the final compliance date, the owner or operator must submit the final control plan and achieve final compliance by the final date specified in the federal plan. Final compliance is required for all pollutants and all SSI units no later than the final compliance date, March 21, 2016. 2. Restarting After the Final Compliance Date As proposed, if the owner or operator of an SSI unit closes the SSI unit, but restarts the unit after the final compliance date of March 21, 2016, 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 units 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. An SSI unit that operates out of compliance after the final compliance date would be in violation of the federal plan and subject to enforcement action. VII. Implementation of the Federal Plan and Delegation A. Background of Authority Under sections 111(d) and 129(b) of the CAA, 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 units 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. E:\FR\FM\29APR3.SGM 29APR3 26060 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 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 to state, tribal, and local agencies is the EPA’s preferred outcome because 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, tribal, and local agencies, whenever possible, in cases where states are unable to develop and submit approvable state plans. asabaliauskas on DSK3SPTVN1PROD with RULES B. 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, tribe, or local 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 units in a state become subject to the federal plan, the state or tribal agency may still adopt and submit a state or tribal plan to the EPA. If the EPA determines that the state or tribal plan is as protective as the EG, the EPA will approve the state or tribal 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 units covered in the plan would remain subject to the federal plan until a plan covering those SSI units is approved and effective. Prior to disapproval, the VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 EPA will work with states and tribes to attempt to reconcile areas of the plan that remain not as protective as the EG. Upon the effective date of a state or tribal plan, the federal plan would no longer apply to SSI units covered by such a plan and the state, tribe, territory, or local agency would implement and enforce the state plan in lieu of the federal plan. When an EPA regional office approves a state or tribal plan, it will amend the appropriate subpart of 40 CFR part 62 to indicate such approval. 2. State, Tribe, Territory, or Local Takes Delegation of the Federal Plan The EPA, in its discretion, may delegate to state, tribe, territorial, or local agencies the authority to implement this federal plan. As discussed above, the EPA has concluded that it is advantageous and the best use of resources for states, tribes, territories, 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, tribal, territorial or local law. If a state, tribe, territory, or local requests delegation, the EPA will generally delegate the entire federal plan to the state, tribe, territory, or local agency. These functions include administration and oversight of compliance reporting and recordkeeping requirements, SSI unit inspections and preparation of draft notices of violation, but will not include any authorities retained by the EPA. Agencies that have taken delegation, as well as the EPA, will have responsibility for bringing enforcement actions against sources violating federal plan provisions. C. 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. D. Delegation of the Federal Plan and Retained Authorities If a state, tribe, territory, or local agency intends to take delegation of the federal plan, the state, tribe, territory, or local agency should submit to the appropriate EPA regional office a written request for delegation of authority. The state, tribe, territory, or local agency should explain how it meets the criteria for delegation. See PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 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, tribe, territory, or local agency 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 or rendered inoperable, 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, tribe, territory, or local agency delegation request, and (4) include a memorandum of agreement between the state, tribe, territory, or local agency 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, tribe, territory, or local agency the EPA will implement the federal plan. Also, if a state, tribe, territory, or local agency 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, tribe, territory, or local agency even when the agency 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, tribe, or local to approve the following items promulgated in the 2011 EG and NSPS: 1. Alternatives to the emissions limits in Table 5 of this document 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). SSI unit owners or operators who wish to petition the agency for any alternative requirement should submit a E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES request to the Regional Administrator with a copy sent to the appropriate state. VIII. Title V Operating Permits All existing SSI units regulated under state, tribal, 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.28 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 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.29 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 28 40 CFR 70.2, 70.6(a)(1), 71.2, and 71.6(a)(1). 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). 29 CAA VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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 or tribal plan or delegation of a federal plan.30 Legally, delegation of a standard or requirement results in a delegated state, local, 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, tribe, or local (except for functions that the EPA retains for itself) upon delegation.31 Although a state, local, or tribe may have the authority under state, local, or tribal law to incorporate CAA section 111/129 requirements into its title V permits, and implement and enforce these requirements in these permits without first taking delegation of the CAA section 111/129 federal plan, the state, local, or tribe is not standing in for the EPA as a matter of federal law in this situation. Where a state, local, 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 40 CFR 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, local, or tribe. As mentioned above, a state, local, or tribe may have the authority under state, local, 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 30 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). 31 If the Administrator chooses to retain certain authorities under a standard, those authorities cannot be delegated, e.g., alternative methods of demonstrating compliance. PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 26061 plan.32 Some states, locals, or tribes, however, may not be able to implement and enforce a CAA section 111/129 standard in a title V permit under state, local, or tribal law until the CAA section 111/129 standard has been delegated. In these situations, a state, local, 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 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, local, or tribe does not need to take delegation of the CAA section 111/ 129 requirements for purposes of title V permitting.33 In practical terms, without approval of a state or tribal plan, delegation of a federal plan, or an adequate AG’s opinion, states, locals, and tribes with approved 40 CFR 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 40 CFR part 70 program. As a result, prior to a state, local, or tribal permitting authority drafting a part 70 permit for a source subject to a CAA section 111/129 federal plan, the state, local, 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, local, or tribe all reports required by the standard to be submitted 32 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). 33 It is important to note that an AG’s opinion submitted at the time of initial title V program approval is sufficient if it demonstrates that a state or tribe has adequate authority to incorporate CAA section 111/129 requirements into its title V permits and to implement and enforce these requirements through its title V permits without delegation. E:\FR\FM\29APR3.SGM 29APR3 26062 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 CAA section 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 CAA section 111/129 federal plan. See, e.g., section V.B of this preamble titled ‘‘What are the final compliance schedules?’’. It is important to note that the EPA is not using its authority under 40 CFR 70.4(i)(3) to request that all states, locals, 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 these 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 for review. asabaliauskas on DSK3SPTVN1PROD with RULES B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This action rather finalizes the SSI federal plan to implement the EG adopted on March 21, 2011,34 for those states that do not have a state plan implementing the EG. 34 See 76 FR 15372, March 21, 2011. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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. EG for owners of existing SSI units were established by the March 21, 2011, final rule (76 FR 15372), and that rule was certified as not having a significant economic impact on a substantial number of small entities. This action 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. The 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, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. The EPA is not aware of any SSI units owned or operated by Indian tribal governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. This action is not subject to Executive Order 13045 because it is not economically significant as defined in PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 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. This action is not a ‘‘significant energy action’’ because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 This action involves technical standards. Please reference Table 6 of this preamble for the locations where these standards are available. The EPA has decided 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. The EPA determined that this standard is reasonably available because it is available for purchase. 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)’’ for its manual method of measuring mercury is an acceptable alternative to Method 29 and 30B. The EPA determined that this standard is reasonably available because it is available for purchase. The EPA further determined to use OAQPS Fabric Filter Bag Leak Detection Guidance, EPA–454/ R–98–015, September 1997, for its guidance on the use of tiboelectic monitors as bag leak detectors for a fabric filter air pollution control device and monitoring system decriptions, selection, installation, set up, adjustment, operation, and quality assurance procedures. The EPA determined that this standard is reasonably available because it is freely available from the EPA. Lastly, the EPA 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 rule, we have decided not to use these VCS in this rulemaking. The use of E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES these VCS would be impractical because they do not meet the objectives of the standards cited in this rule. See the docket for the 2011 EG (Docket ID No. EPA–HQ–OAR–2009–0539), which is being implemented under this 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 40 CFR 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. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA has concluded that 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 finding is based on an analysis of demographic data conducted for the 2011 EG. This federal plan implements the 2011 EG. The previous analysis of demographic data 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 Docket Identification Number EPA–HQ–OAR– 2009–0559). This final federal plan implements national standards in the 2011 EG that would result in reduction in emissions of many of the listed Hazardous Air Pollutants 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, PM and PM2.5 microns or less, and SO2. SO2 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. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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: February 22, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 62 of the Code of Federal Regulations (CFR) is amended as follows: PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart KKK—[Added and Reserved] ■ ■ 2. Add and reserve subpart KKK. 3. Add subpart LLL to read as follows: Subpart LLL—Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010 Applicability Sec. 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 unit is covered by an approved and effective state or tribal plan? 62.15870 If my SSI unit 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 [Reserved] 62.15885 What must I include in the notifications of achievement of compliance? 62.15890 When must I submit the notifications of achievement of compliance? 62.15895 What if I do not meet the compliance date? 62.15900 How do I comply with the requirement for submittal of a control plan? 62.15905 How do I achieve 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? PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 26063 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? E:\FR\FM\29APR3.SGM 29APR3 26064 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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? § 62.15865 How do I determine if my SSI unit is covered by an approved and effective state or tribal plan? Table 1 to Subpart LLL of Part 62— Compliance Schedule for Existing Sewage Sludge Incineration Units Table 2 to Subpart LLL of Part 62—Emission Limits and Standards for Existing Fluidized Bed Sewage Sludge Incineration Units Table 3 to Subpart LLL of Part 62—Emission Limits and Standards for Existing Multiple Hearth Sewage Sludge Incineration Units Table 4 to Subpart LLL of Part 62— Operating Parameters for Existing Sewage Sludge Incineration Units Table 5 to Subpart LLL of Part 62—Toxic Equivalency Factors Table 6 to Subpart LLL of Part 62— Summary of Reporting Requirements for Existing Sewage Sludge Incineration Units Subpart LLL—Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010 Applicability asabaliauskas on DSK3SPTVN1PROD with RULES § 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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. This part contains a list of all states and tribal areas with 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) of this chapter. (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. PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 (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 unit 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. Compliance Schedules § 62.15875 date? What is my final compliance Except as provided in paragraph (b) of this section, you must submit a final control plan and achieve final compliance specified by the date in paragraph (a) of this section: (a) March 21, 2016, as specified in Table 1 of this subpart. (b) March 21, 2017, for East Bank Wastewater Treatment Plant, 6501 Florida Avenue, New Orleans, Louisiana 70117, and for the Bayshore Regional Wastewater Treatment Plant, 100 Oak Street, Union Beach, New Jersey 07735. § 62.15880 [Reserved] § 62.15885 What must I include in the notifications of achievement of compliance? Your notification of achievement of compliance must include the three items specified in paragraphs (a) through (c) of this section: (a) Notification that the final control plan has been submitted and final compliance has been achieved; (b) Any items required to be submitted with the final control plan and final compliance; and (c) Signature of the owner or operator of the SSI unit. § 62.15890 When must I submit the notifications of achievement of compliance? Notifications for achieving compliance must be postmarked no later than 10 business days after the compliance date. § 62.15895 What if I do not meet the compliance date? If you fail to submit a final control plan and achieve final compliance, you must submit a notification to the Administrator postmarked within 10 business days after the compliance date in Table 1 to this subpart. You must inform the Administrator that you did not achieve compliance, and you must E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations continue to submit reports each subsequent calendar month until a final control plan is submitted and final compliance is met. An SSI unit that operates out of compliance after the final compliance date would be in violation of the federal plan and subject to enforcement action. § 62.15900 How do I comply with the requirement for submittal of a control plan? For your control plan, 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 sitespecific operating limits under § 62.15965. (b) Maintain an onsite copy of the final control plan. § 62.15905 How do I achieve final compliance? For achieving final compliance, 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? asabaliauskas on DSK3SPTVN1PROD with RULES (a) If you close your SSI unit but will restart it prior to the final compliance, you must submit a final control plan and achieve final compliance as specified in § 62.15875. (b) If you close your SSI unit but will restart it after the 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. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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 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. § 62.15925 When must the operator training course be completed? The operator training course must be completed by the later of the three dates PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 26065 specified in paragraphs (a) through (c) of this section: (a) The final compliance date; (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. § 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 E:\FR\FM\29APR3.SGM 29APR3 26066 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 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. asabaliauskas on DSK3SPTVN1PROD with RULES § 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 by November 30, 2016, or prior to an employee’s assumption of responsibilities for VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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. 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 § 62.15875. 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). § 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 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 62.16020(b)(3)(i) and operate the bag leak detection system such that the alarm does not sound more than 5percent of the operating time during a 6-month period. You must calculate the 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 § 62.15875; (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: E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES (a) Meet the applicable operating limits and requirements in § 60.4850 of this chapter, and establish applicable operating limits according to § 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. § 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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 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 § 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 of this chapter. 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). PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 26067 (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 § 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 7percent 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 E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26068 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 § 62.16015(b). You must measure emissions according to § 60.13 of this chapter 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) of this chapter, 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) of this chapter 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) of this chapter to calculate 2week 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) of this chapter to develop a monitoring plan. For mercury continuous automated sampling systems, you must use Performance Specification 12B of appendix B of part 75 of this chapter and Procedure 5 of appendix F of part 60 of this chapter. (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). VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 (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. (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. § 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 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 § 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 §§ 60.4865(b) and 60.4885(b) of this chapter 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) of this chapter 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) of this chapter 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) of this chapter 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) of this chapter to demonstrate compliance with the E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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. (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 § 62.15875. 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. § 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) of this chapter and paragraph (e) of this section. If you use a continuous automated sampling system to comply with the mercury or dioxin/furan (total PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 26069 mass basis or toxic equivalency basis) emission limits, you must develop your monitoring plan as specified in § 60.58b(q) of this chapter, 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 § 60.13 of this chapter. (B) The applicable performance specifications (e.g., relative accuracy tests) in appendix B of part 60 of this chapter. (C) The applicable procedures (e.g., quarterly accuracy determinations and daily calibration drift tests) in appendix F of part 60 of this chapter. (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 E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26070 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 1percent 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. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 (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 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 1.0percent 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 2.5percent 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 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 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) of this chapter. (5) Ongoing data quality assurance procedures in accordance with the general requirements of § 60.13 of this chapter. (6) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 60.7(b), (c) introductory text, (c)(1), (c)(4), (d), (e), (f), and (g) of this chapter. (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 (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 E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 OAQPS Fabric Filter Bag Leak Detection Guidance, EPA–454/R–98–015, September 1997. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272– 0167, https://www.epa.gov. You may inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030, or go to: https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. (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) of this chapter. 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 (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 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. PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 26071 (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 § 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). E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26072 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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. (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 75percent 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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 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 7percent 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 of this chapter to calculate 1hour arithmetic averages, corrected to 7- PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 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) of this chapter, 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) of this chapter 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) of this chapter to calculate 2week 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 § 60.4880(e) of this chapter. For mercury continuous automated sampling systems, you must use Performance Specification 12B of appendix B of part 75 of this chapter and Procedure 5 of appendix F of part 60 of this chapter. (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 E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 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) of this chapter and 62.15995(e). asabaliauskas on DSK3SPTVN1PROD with RULES § 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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. (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 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 26073 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 § 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. § 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? 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) of this chapter. 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 E:\FR\FM\29APR3.SGM 29APR3 26074 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations (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: 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 of this chapter. (ii) The following performance specifications of appendix B of part 60 of this chapter, as applicable: (A) For particulate matter, Performance Specification 11 of appendix B of part 60 of this chapter. (B) For hydrogen chloride, Performance Specification 15 of appendix B of part 60 of this chapter. (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 (a)(7) 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 ER29AP16.025</GPH> (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. 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. asabaliauskas on DSK3SPTVN1PROD with RULES 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. asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations (C) For carbon monoxide, Performance Specification 4B of appendix B of part 60 of this chapter with spans appropriate to the applicable emission limit. (D) [Reserved] (E) For mercury, Performance Specification 12A of appendix B of part 60 of this chapter. (F) For nitrogen oxides, Performance Specification 2 of appendix B of part 60 of this chapter. (G) For sulfur dioxide, Performance Specification 2 of appendix B of part 60 of this chapter. (iii) For continuous emissions monitoring systems, the quality assurance procedures (e.g., quarterly accuracy determinations and daily calibration drift tests) of appendix F of part 60 of this chapter 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 of this chapter. (B) For hydrogen chloride, Procedure 1 in appendix F of part 60 of this chapter 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 of this chapter. (C) For carbon monoxide, Procedure 1 in appendix F of part 60 of this chapter. (D) [Reserved] (E) For mercury, Procedures 5 in appendix F of part 60 of this chapter. (F) For nitrogen oxides, Procedure 1 in appendix F of part 60 of this chapter. (G) For sulfur dioxide, Procedure 1 in appendix F of part 60 of this chapter. (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 paragraph (b)(5) of this section) must be collected concurrently (or within a 30to 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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) (see paragraph (e) of this section). (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, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] must be used (see paragraph (e) of this section). For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for the 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 paragraph (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, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as applicable, must be used (see paragraph (e) of this section). (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. PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 26075 (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, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as applicable, must be used to determine the oxygen concentration at the same location as the carbon dioxide monitor(see paragraph (e) of this section). (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 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) of this chapter. (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) of this chapter, repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or control activities conducted during out-ofcontrol periods must not be included in calculations used to report emissions or operating levels. Any such periods that do not coincide with a monitoring E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26076 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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) of this chapter. (ii) Collect data according to § 60.58b(p)(5) of this chapter 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) of this chapter. (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. (e) Incorporation by reference. These standards are incorporated by reference into this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272–0167, https:// www.epa.gov. You may also inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. (1) American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016–5990 (Phone: 1– VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 800–843–2763; Web site: https:// www.asme.org/). (i) ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. (ii) [Reserved] (2) ASTM Int’l, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1–877–909– 2786; Web site: https://www.astm.org/). (i) ASTM D6784–02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), approved April 1, 2008. (ii) [Reserved] (3) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272– 0167, https://www.epa.gov. (i) OAQPS Fabric Filter Bag Leak Detection Guidance, EPA–454/R–98– 015, September 1997. (ii) [Reserved] § 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) of this chapter. (iii) Any data collected during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 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. (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 of this chapter. Additionally: (i) For carrier gas flow rate monitors (for activated carbon injection), during the performance test conducted pursuant to § 60.4885 chapter, 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 of this chapter, 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 of this chapter. 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 E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 of this chapter. (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 asabaliauskas on DSK3SPTVN1PROD with RULES § 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) Final control plan and final compliance. 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. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 (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 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 unit 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 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 26077 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. (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 E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26078 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 6month 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 this chapter of starting or stopping use of a continuous monitoring system for 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 75percent of the applicable emission limit in Table 1 or 2 to this subpart, and VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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) Final control plan and final compliance report. You must submit the following reports, as applicable: (1) A final control plan as specified in §§ 62.15875 and 62.15900. (2) You must submit your notification of achievement of submitting the final control plan and achieving final compliance no later than 10 business days after the compliance date as specified in §§ 62.15885 and 62.15890. (3) If you fail to submit the final control plan and achieve final compliance, you must submit a notification to the Administrator postmarked within 10 business days after the compliance date, 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 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 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 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. E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations (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 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. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 (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 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 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 26079 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 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. E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26080 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations (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 § 60.11(d) of this chapter 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. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 (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 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 of this chapter 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, PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 postmarked on or before the submittal due dates. (2) Submit performance tests and evaluations according to paragraphs (h)(2)(i) and (ii) of this section. (i) Within 60 days after the date of completing each performance test (see § 60.8 of this chapter) required by this subpart, you must submit the results of the performance test according to the method specified by either paragraph (h)(2)(i)(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), at the time of the test, you must submit the results of the performance test to the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/).) Performance test data must be submitted in a file format generated through the use of the EPA’s ERT or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the EPA’s ERT Web site. If you claim that some of the performance test information being transmitted is confidential business information (CBI), you must submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT Web site, 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/OAQPS/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 (h)(2)(i)(A). (B) For data collected 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 of this chapter. (ii) Within 60 days after the date of completing each CEMS performance evaluation (as defined in § 63.2 of this chapter), you must submit the results of the performance evaluation according to the method specified by either paragraph (h)(2)(ii)(A) or (B) of this section. (A) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations (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 via the CEDRI. (CEDRI can be accessed through the EPA’s CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA’s ERT or an alternate file format consistent with the XML schema listed on the EPA’s ERT Web site. 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 or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT Web site, including information claimed to be CBI, on a compact disk, flash drive, or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via CDX as described earlier in this paragraph (h)(2)(ii)(A). (B) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT Web site, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 60.4 of this chapter. (3) Changing report dates. If the Administrator agrees, you may change the semiannual or annual reporting dates. See § 60.19(c) of this chapter 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? asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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 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), 70.5(a)(1)(i), 71.3(a) and (b), and 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 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 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 of this chapter. 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. PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 26081 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 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., E:\FR\FM\29APR3.SGM 29APR3 asabaliauskas on DSK3SPTVN1PROD with RULES 26082 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 50percent 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 VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 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, 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. PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 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 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. E:\FR\FM\29APR3.SGM 29APR3 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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. 26083 (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) of this chapter. TABLE 1 TO SUBPART LLL OF PART 62—COMPLIANCE SCHEDULE FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS Comply with these requirements By this date 1—Submit final control plan ........ March 21, 2016, for all units except East Bank Wastewater Treatment Plant, New Orleans, Louisiana, and Bayshore Regional Wastewater Treatment Plant in Union Beach, Monmouth County, NJ. For East Bank Wastewater Treatment Plant, New Orleans, Louisiana, and Bayshore Regional Wastewater Treatment Plant in Union Beach, Monmouth County, NJ, March 21, 2017. 2—Final compliance .................... TABLE 2 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING FLUIDIZED BED SEWAGE SLUDGE INCINERATION UNITS Using these averaging methods and minimum sampling volumes or durations And determining compliance using this method 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 .... Carbon monoxide .... 64 parts per million by dry volume ...... Dioxins/furans (total mass basis); or. 1.2 nanograms per dry standard cubic meter (total mass basis); or. 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). Dioxins/furans (toxic equivalency basis) 2. Mercury ................... 0.10 nanograms per dry standard cubic meter (toxic equivalency basis). Oxides of nitrogen ... 150 parts per million by dry volume ..... Sulfur dioxide .......... 15 parts per million by dry volume ....... Cadmium ................. 0.0016 milligrams per dry standard cubic meter. Lead ........................ 0.0074 milligrams per dry standard cubic meter. You must meet this emission limit 1 Particulate matter .... asabaliauskas on DSK3SPTVN1PROD with RULES For the air pollutant VerDate Sep<11>2014 0.037 milligrams per dry standard cubic meter. 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00045 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). 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008) 3 , 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). 3-run average (collect a minimum volume of 1 dry standard cubic meters per run). Performance test (Method 29 at 40 CFR part 60, appendix A–8; Method 30B at 40 CFR part 60, appendix A– 8; or ASTM D6784–02 (Reapproved 2008).3 5 3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run). test (Method 29 at 40 60, appendix A–8. Use ICP/MS for the analytical Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 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–19.10–1981.3 4 Performance CFR part GFAAS or finish. Performance CFR part GFAAS or finish. 29APR3 test (Method 29 at 40 60, appendix A–8). Use ICP/MS for the analytical 26084 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 1 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 at 40 CFR part 60, appendix A–7). 1 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. 3 The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272– 0167, https://www.epa.gov. You may also inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: {HYPERLINK ‘‘https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html’’}. 4 ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; Web site: https://www.asme.org/). 5 ASTM D6784–02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1, 2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959; ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1–877–909–2786; Web site: https://www.astm.org/). 2 You TABLE 3 TO SUBPART LLL OF PART 62—EMISSION LIMITS AND STANDARDS FOR EXISTING MULTIPLE HEARTH SEWAGE SLUDGE INCINERATION UNITS Using these averaging methods and minimum sampling volumes or durations And determining compliance using this method 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 ...... Carbon monoxide .... 3,800 parts per million by dry volume .. Dioxins/furans (total mass basis). 5.0 nanograms per dry standard cubic meter; or. 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). Dioxins/furans (toxic equivalency basis). 2 Mercury ................... 0.32 nanograms per dry standard cubic meter. Oxides of nitrogen ... 220 parts per million by dry volume ..... Sulfur dioxide .......... 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. You must meet this emission limit 1 Particulate matter .... asabaliauskas on DSK3SPTVN1PROD with RULES For the air pollutant VerDate Sep<11>2014 0.28 milligrams per dry standard cubic meter. 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00046 3-run average (For Method 29 and ASTM D6784–02 (Reapproved 2008),3 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 4700 E:\FR\FM\29APR3.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).3 5 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 19.10–1981.3 4 Performance test (Method 29 at 40 CFR part 60, appendix A–8). Performance test (Method 29 at 40 CFR part 60, appendix A–8. 29APR3 26085 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 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 1 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 at 40 CFR part 60, appendix A–7). 1 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. 3 The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272– 0167, https://www.epa.gov. You may also inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 4 ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016–5990 (Phone: 1–800–843–2763; Web site: https://www.asme.org/). 5 ASTM D6784–02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1, 2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959; ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1–877–909–2786; Web site: https://www.astm.org/). 2 You TABLE 4 TO SUBPART LLL OF PART 62—OPERATING PARAMETERS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS 1 And monitor using these minimum frequencies For these operating parameters You must establish these operating limits Data measurement Data recording 2 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 ....... Not applicable ....... Not applicable. Minimum pressure drop ...................... Continuous ........... Every 15 minutes 12-hour block. Minimum flow rate ............................... Minimum pH ........................................ Continuous ........... Continuous ........... Every 15 minutes Every 15 minutes 12-hour block. 3-hour block. Scrubber Pressure drop across each wet scrubber. Scrubber liquid flow rate ....................... Scrubber liquid 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. asabaliauskas on DSK3SPTVN1PROD with RULES Activated carbon injection Mercury sorbent injection rate .............. Dioxin/furan sorbent injection rate ........ Carrier gas flow rate or carrier gas pressure drop. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 Minimum mercury sorbent injection rate. Minimum dioxin/furan sorbent injection rate. Minimum carrier gas flow rate or minimum carrier gas pressure drop. PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 26086 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations TABLE 4 TO SUBPART LLL OF PART 62—OPERATING PARAMETERS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS 1—Continued And monitor using these minimum frequencies For these operating parameters You must establish these operating limits Data measurement Data recording 2 Continuous ........... Every 15 minutes Data averaging period for compliance Afterburner Temperature of the afterburner combustion chamber. Minimum temperature of the afterburner combustion chamber. 12-hour block. 1 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. 2 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. 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 UNITS1 Report Due date Contents No later than 10 business days after the compliance date. Initial compliance report .......... asabaliauskas on DSK3SPTVN1PROD with RULES Final control plan and final compliance report. No later than 60 days following the initial performance test. VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00048 Reference 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 submit the final control plan and achieve final compliance. 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 CMS2 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. § 62.16030(a). Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 § 62.16030(b). Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations 26087 TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS1—Continued Due date Annual compliance 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. Deviation report (deviations from emission limits, emission standards, or operating limits, as specified in § 62.16030(e)(1)). asabaliauskas on DSK3SPTVN1PROD with RULES Report 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. Notification of qualified operator deviation (if all qualified operators are not accessible for 2 weeks or more). Within 10 days of deviation .... VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Contents Frm 00049 Reference Company name and address .............................................. Statement and signature by responsible official. Date and beginning and ending dates of report. 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. 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 unit. 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 .......................................... 2. Description of actions taken to ensure that a qualified operator will be available. 3. The date when a qualified operator will be accessible ....... § 62.16030(c). 1. 2. 3. 4. Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 § 62.16030(d). § 62.16030(e). 26088 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations TABLE 6 TO SUBPART LLL OF PART 62—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS1—Continued Report Due date Contents Reference Notification of status of qualified operator deviation. Every 4 weeks following notification of deviation. § 62.16030(e). 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. 1. Description of actions taken to 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. 1. Notification that you have obtained a qualified operator and are 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. 1 2 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. 1. Description of the force majeure event ............................... 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. § 62.16030(f). 1. Intent to start or stop use of a CMS .................................... § 62.16030(g) 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. This table is only a summary, see the referenced sections of the rule for the complete requirements. CMS means continuous monitoring system. [FR Doc. 2016–09292 Filed 4–28–16; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with RULES BILLING CODE 6560–50–P VerDate Sep<11>2014 19:53 Apr 28, 2016 Jkt 238001 PO 00000 Frm 00050 § 62.16030(e). Fmt 4701 Sfmt 9990 E:\FR\FM\29APR3.SGM 29APR3

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 26039-26088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09292]

[[Page 26039]]

Vol. 81

Friday,

No. 83

April 29, 2016

Part IV

Environmental Protection Agency

-----------------------------------------------------------------------

40 CFR Part 62

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

Federal Register / Vol. 81 , No. 83 / Friday, April 29, 2016 / Rules
and Regulations

[[Page 26040]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2012-0319; FRL-9940-50-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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action finalizes the federal plan for existing sewage
sludge incineration (SSI) units. This final action implements the
Environmental Protection Agency's (EPA) emission guidelines (EG)
adopted on March 21, 2011, in states that do not have an approved state
plan implementing the EG in place by the effective date of this federal
plan. The federal plan will result in emissions reductions of certain
pollutants from all affected units covered.

DATES: The effective date of this rule is May 31, 2016. The
incorporation by reference (IBR) of certain publications listed in the
rule is approved by the Director of the Federal Register as of May 31,
2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2012-0319. The EPA previously established a
docket for the March 21, 2011, original SSI new source performance
standards (NSPS) and EG under Docket ID No. EPA-HQ-OAR-2009-0559. All
documents in these dockets are listed on the World Wide Web (www),
https://www.regulations.gov index Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed in the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically at https://www.regulations.gov or in
hard copy at the EPA Docket Center (EPA/DC), EPA 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.

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
BTU British Thermal Unit
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
CPMS Continuous Parameter Monitoring Systems
EG Emission Guidelines
ERT Electronic Reporting Tool
ESP Electrostatic Precipitators
FB Fluidized Bed
FF Fabric Filter
HCl Hydrogen Chloride
Hg Mercury
IBR Incorporation by Reference
ISTDMS Integrated Sorbent Trap Dioxin Monitoring System
ISTMMS Integrated Sorbent Trap Mercury Monitoring System
MH Multiple Hearth
NAICS North American Industrial Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
Pb Lead
PCDD/PCDF Polychlorinated Dibenzo-P-Dioxins and Polychlorinated
Dibenzofurans
PM Particulate Matter
PRA Paperwork Reduction Act
PS Performance Specifications
RFA Regulatory Flexibility Act
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 final action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
II. Background Information
A. What is the regulatory development background for this final
rule?
B. What is the purpose of this final rule?
C. What is the status of state plan submittals?
D. What are the elements of the SSI federal plan?
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 unit is covered by an approved
and effective state plan?
IV. Summary of Changes Since Proposal and Response to Public
Comments
A. Summary of Public Comments and Responses
B. Affirmative Defense to Malfunctions
V. Summary of Final SSI Federal Plan Requirements
A. What are the final applicability requirements?
B. What are the final compliance schedules?
C. What are the final emissions limits and operating limits?
D. What are the final performance testing and monitoring
requirements?
E. What are the final recordkeeping and reporting requirements?
F. What other requirements is the EPA finalizing?
VI. SSI Units That Have or Will Shut Down
A. Units That Plan To Close
B. Inoperable Units
C. SSI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Mechanisms for Transferring Authority
C. Implementing Authority
D. Delegation of the Federal Plan and Retained Authorities
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 (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
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

[[Page 26041]]

I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)

I. General Information

A. Does the final action apply to me?

Regulated Entities. Owners or operators of existing SSI units that
are not already subject to an EPA-approved and effective state plan
implementing the March 21, 2011, EG, may be regulated by this final
action. Existing SSI units are those that commenced construction on or
before October 14, 2010. Regulated categories and entities include
those that operate SSI units. Although there is no specific North
American Industry Classification System (NAICS) code for SSI units,
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:

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

This table is not intended to be exhaustive, but rather provides a
general guide for identifying entities likely to be affected by the
final action. To determine whether a facility would be affected by this
action, please examine the applicability criteria in 40 CFR 62.15855
through 62.15870 of subpart LLL being finalized here. Questions
regarding the applicability of this action to a particular entity
should be directed to the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

B. Where can I get a copy of this document?

In addition to being available in the docket, an electronic copy of
the final action is available on the Internet through the Technology
Transfer Network (TTN) Web site. Following signature by the
Administrator, the EPA will post a copy of this final action at https://www3.epa.gov/ttn/atw/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.

C. Judicial Review

Under CAA section 307(b)(1), judicial review of this final rule is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit (the Court) by June 28,
2016.

II. Background Information

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

Section 129 of the 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, respectively, 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 federal
regulations directly enforceable upon SSI units, and, under CAA section
129(f)(1), become effective 6 months after promulgation. Unlike the
NSPS, the EG provide direction for developing state plans; however, the
EG are not themselves directly enforceable. The EG are implemented
under an EPA approved state or tribal plan or EPA adopted federal plan
that implements and enforces them, once the state, tribal, or federal
plan has become effective.
Section 129(b)(2) of the CAA directs states with existing SSI
unit(s) 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 units in any state without an
approvable state plan within 2 years after promulgation of the EG. This
action finalizes the SSI federal plan.
---------------------------------------------------------------------------

\1\ Several states did not submit plans to the EPA by this date.
---------------------------------------------------------------------------

On August 20, 2013, the Court remanded portions of the 2011 SSI
rule 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
intends to address the Court's remand in a future rulemaking. The
federal plan is needed to implement the SSI rule in states without an
approved state plan. EPA anticipates that facilities in approximately
eighteen states and nine local air pollution control districts will
need to rely on the SSI federal plan.

B. What is the purpose of this final rule?

Section 129 of the CAA calls upon states as the preferred
implementers of the EG for existing SSI units. States with existing SSI
units were to submit to the EPA within 1 year (by March 21, 2012)
following promulgation of the EG state plans that are at least as
protective as the EG. 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 within 2 years following promulgation of the EG for
sources in states which have not submitted an approvable plan (by March
21, 2013). The EPA is finalizing the SSI federal plan now so that a
promulgated federal plan will go into place for any such states, thus
ensuring implementation and enforcement of the SSI EG.
States without any existing SSI units are directed to submit to the
Administrator a letter of negative declaration certifying that there
are no SSI units in the state. No plan is required for states that do
not have any SSI units. SSI units located in states that mistakenly
submit a letter of negative declaration would be subject to the federal
plan until a state plan regulating those SSI units becomes approved.
State plans that have been submitted to implement the March 21, 2011,
EG, have either been approved or are

[[Page 26042]]

currently undergoing EPA review. This action finalizes the SSI federal
plan to implement the March 21, 2011, EG for those states that do not
have an approved state plan in place by the effective date of this
federal plan.
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-Hg 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, chromium, manganese,
nickel, and polychlorinated biphenyls.
---------------------------------------------------------------------------

\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 units located in states with no approved and
effective state plan. Table 2 below lists states and territories that
have an EPA-approved plan in effect on the date this final federal plan
is signed by the EPA Administrator. Additionally, Table 2 lists states
and local agencies that submitted negative declarations and or those
which the EPA anticipates taking delegation of the federal plan.

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

As the EPA regional offices approve implementation 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
implementation plan submittals and approvals on the TTN Air Toxics Web
site at https://www3.epa.gov/ttn/atw/129/ssi/ssipg.html. The list will
help SSI unit owners or operators determine whether their SSI units are
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 units are 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 territories that
they cover.

Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
Region Regional contact Phone States and territories
----------------------------------------------------------------------------------------------------------------
Region I............................... Patrick Bird, (617) 918-1287 Connecticut,
bird.patrick@epa.gov. Massachusetts, Maine, New
Hampshire, Rhode Island,
Vermont.
Region II.............................. Phillip Ritz, (212) 637-4064 New York, New Jersey,
ritz.phillip@epa.gov. Puerto Rico, Virgin
Islands.
Region III............................. Mike Gordon, (215) 814-2039 Virginia, Delaware,
gordon.mike@epa.gov. District 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.

[[Page 26043]]

Region VIII............................ Kendra Morrison, (303) 312-6145 Colorado, Montana, North
morrison.kendra@epa.gov. Dakota, South Dakota,
Utah, Wyoming.
Region IX.............................. Mark Sims, (415) 972-3965 Arizona, California,
sims.mark@epa.gov. Hawaii, Nevada, American
Samoa, Guam, Northern
Mariana Islands.
Region X............................... Katharine Owens, (206) 553-1023 Alaska, Washington.
owens.katharine@epa.gov.
Madonna Narvaez, (206) 553-2117 Idaho, Oregon.
narvaez.madonna@epa.gov.
----------------------------------------------------------------------------------------------------------------

D. What are the elements of the SSI federal plan?

Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d)
and 7429(b)(2), require states to develop and implement state plans for
SSI units to implement and enforce the promulgated EG. Accordingly,
subpart MMMM of 40 CFR part 60 requires states to submit state plans
that include specified elements. Because this federal plan takes the
place of state plans, where approved state plans are not effective, it
includes the same essential elements: (1) Identification of legal
authority and mechanisms for implementation; (2) inventory of SSI
units; (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, subpart LLL,
and sections 111 and 129 of the CAA. Each element was discussed in
detail as it relates to the federal plan in the preamble of the
proposed rule (80 FR 23406). The EPA received a total of ten unique
public comment letters. A summary of these comments and the EPA's
responses is presented in section IV, ``Summary of Changes Since
Proposal and Response to Public Comments'' of this preamble.

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
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 62.16045.
---------------------------------------------------------------------------

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
existing SSI unit that was constructed on or before October 14, 2010,
and that is not already regulated by an approved and effective state
plan as of the effective date in this notice.\4\ The federal plan would
apply to the SSI unit until the EPA approves a state plan that
regulates the SSI unit and that state plan becomes effective.\5\ 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 unit and would be subject to the NSPS at 40 CFR
part 60, subpart LLLL. The specific applicability of the federal plan
is described in 40 CFR 62.15855 through 62.15870 of subpart LLL.
---------------------------------------------------------------------------

\4\ The federal plan will become effective 30 days after final
promulgation.
\5\ A state plan is effective on the date specified in the
notice published in the Federal Register announcing the EPA's
approval of the plan.
---------------------------------------------------------------------------

This action will not preclude states from submitting a state plan
at a later time. 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.\6\ If the EPA approves a plan, then the SSI federal plan no
longer applies to SSI units covered by the state plan. If an SSI unit
was overlooked by a state and the state submitted a negative
declaration letter, or if an individual SSI unit was not covered by an
approved and effective state plan, the SSI unit would be subject to
this federal plan.
---------------------------------------------------------------------------

\6\ 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.
---------------------------------------------------------------------------

C. How do I determine if my SSI unit 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(b) 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 a state has an approved and effective plan, please
contact the state environmental agency's air director or the EPA's
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. Summary of Changes Since Proposal and Response to Public Comments

This rule will be finalized as proposed except where the EPA
revised the regulatory text to make certain clarifications. After
consideration of all the public comments received, in the response to
public comments below, the EPA clarified the compliance date, operator
training requirements, the federal plan delegation process, certain
performance monitoring and testing provisions, status of state plan
submittals, and the inventory of units. The EPA received a total of ten
unique public comment letters on the proposed federal plan rulemaking.
(Note, one letter was inadvertently duplicated and submitted to the
docket.\7\) No public hearing was requested, and, therefore, none was
held.
---------------------------------------------------------------------------

\7\ Docket Identification Numbers EPA-HQ-OAR-2012-0319-0016 and
EPA-HQ-OAR-2012-0319-0017 are the same comment.
---------------------------------------------------------------------------

The EPA believes that it is critical to highlight that the final
compliance date remains, as proposed, March 21, 2016. Commenters raised
concerns that the two proposed pathways for compliance implied that the
compliance date was longer than statutorily allowed. Therefore, the EPA
removed these pathways in the regulatory text to clarify the final
compliance date.

[[Page 26044]]

Commenters raised numerous comments on the federal plan's
monitoring and testing provisions, most of which the EPA did not
propose to revise or otherwise solicit comment on in the proposed
federal plan. Section 129 of the CAA requires the EPA to develop a
federal plan to assure that existing units are in compliance with the
EG. Many of the comments received on the proposed federal plan's
monitoring and testing provisions recommended changes to the EG, which
are outside the scope of this action. For that reason, we are not
making these changes at this time in the federal plan. An example of
these changes is adjusting the minimum percent of the maximum permitted
capacity during testing, which is currently promulgated in the EG at
85-percent. In the April 27, 2015, federal plan proposal the EPA did
solicit comment on a potential revision to this provision.\8\ The EPA
is not revising the minimum threshold provision in the federal plan,
but will consider whether to do so in a future rulemaking action. With
respect to all other comments addressing monitoring and testing
provisions in the EG, those comments are outside the scope of this
action. However, we do provide some clarifications of the requirements
of the EG in response to those comments later in the preamble for this
federal plan. We will consider making changes to the EG and federal
plan to incorporate the suggested revisions in the future. In addition,
many of the commenters' concerns may be addressed through the federal
plan, which provides the EPA Administrator with the authority to
approve alternate methods of demonstrating compliance as established
under 40 CFR 60.8(b) and 60.13(i). SSI unit owners and operators who
wish to petition the agency for an alternative method of demonstrating
compliance should submit a request to the Regional Administrator with a
copy sent to the appropriate state.
---------------------------------------------------------------------------

\8\ See 80 FR 23404.
---------------------------------------------------------------------------

A full summary of the public comments and responses to the public
comments is provided below in section IV.A. of this preamble.

A. Summary of Public Comments and Responses

In this section, we provide the EPA's responses to all of the
public comments received.\9\ All of the public comment letters received
are located in the docket, which can be accessed by following the
instructions outlined in the ADDRESSES section of this preamble.
---------------------------------------------------------------------------

\9\ All of the public comments received are identified in the
memorandum titled, ``Public Comments Received on the Proposed
Federal Plan Requirements for Sewage Sludge Incineration Units
Constructed on or Before October 14, 2010,'' located in the docket.
---------------------------------------------------------------------------

1. Compliance Schedule
Comment: Several commenters (08, 11, 12, 14) point out that the
proposed final compliance date of March 21, 2016, is contradictory to
the schedules of the compliance pathways proposed in 40 CFR 62.15875
given that it is less than 1 year after the close of the public comment
period. Commenters believe that the proposed compliance pathways are
unclear and imply that the final compliance date could be after March
21, 2016. Specifically, the proposed 40 CFR 62.15875 outlined two
compliance pathways. The first pathway was to achieve final compliance
by 1 year from the date of publication of the final federal plan in the
Federal Register. The second pathway was to achieve final compliance
more than one year following the date of publication of the final
federal plan in the Federal Register by meeting the increments of
progress specified in Table 1 of the proposed rule (increment 1: Submit
final control plan 3 months from the date of publication of the final
rule in the Federal Register and increment 2: Final compliance by March
21, 2016). Commenters (08, 11, 12, 14) request that EPA clarify the
final compliance date and the schedules in the compliance pathways.
Two commenters (11, 12) specifically request that the EPA revise 40
CFR 62.15875 as follows:
One (1) year after publication of the final federal plan
in the Federal Register, or
For affected sources planning to comply more than one (1)
year after the final federal plan, meeting increments of progress for
submitting a final control plan within six (6) months after the final
federal plan is published and final compliance by two (2) years after
the publication of the final federal plan in the Federal Register.
Commenters (11, 12) express concern that, due to the delays from
the petitioned SSI reconsideration and the federal plan development,
the federal plan will negatively affect utilities' efforts to plan for
compliance. Another commenter (14) reiterates this concern notably for
smaller to mid-size wastewater utilities. The commenter (14) further
highlights the short window for compliance and that facilities will
likely have to take further regulatory action in areas such as
greenhouse gas emissions, industrial pretreatment, anti-terrorism
safeguards, and nutrient removal in addition to the numerous other
rules and requirements that they are currently required to follow. The
commenter states the financial impact this regulation has already had
on its facility (estimated at $45,000 for administration and reporting,
$25,000 for fees, $65,000 for third-party audits, and $50,000 for a
compilation of reports for state and federal agency reporting) and
anticipates ongoing cost to ratepayers. A separate commenter (12) asks
that the final federal plan contain a mechanism modeled on the
provisions at 40 CFR 62.14536, which allow operators to petition for
compliance extensions on a case-by-case basis.
Response: The EPA agrees with commenters that clarification of the
compliance date and compliance pathways is necessary, but disagrees
that a later compliance date is needed and notes that a later
compliance date is not authorized by CAA section 129. In addition,
comments regarding the appropriate compliance date are outside the
scope of this action, and EPA did not propose any revisions to the
compliance date. The EPA clarifies that the final compliance date is
March 21, 2016.\10\ This compliance date was established in the March
21, 2011, EG. In addition, similar to the implementation of other EG
under CAA section 129, the EPA proposed two compliance pathways, which
would allow owners or operators of SSI units 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 the
final compliance date.\11\ This framework was intended for a federal
plan that was promulgated on schedule as required by sections 111 and
129(b)(3) of the CAA and 40 CFR 60.27(c) and (d), which require the EPA
to develop, implement and enforce a federal plan for SSI units in any
state without an approvable state plan within 2 years after
promulgation of the EG. In this case, 2 years after the promulgation of
the EG would have been by March 21, 2013. The EPA recognizes that
because this federal plan is being finalized after the 2-year timeframe
from the promulgation of the EG, it is not practical to retain these
two pathways in the final federal plan, as the pathway with increments
of progress would not comport with the final compliance date
established by the EG. In fact, the EPA recognizes that by proposing
these pathways, many commenters were

[[Page 26045]]

confused and stated that they interpreted that the final compliance
date was after March 21, 2016, which is not what the EPA intended.
---------------------------------------------------------------------------

\10\ If a facility is complying with a state implementation
plan, the compliance date may be earlier than March 21, 2016.
\11\ 2010 State Implementation Guidance Document is available
through the EPA's TTN at https://www3.epa.gov/ttn/atw/129/hmiwi/epa453b10001_hmiwi.pdf.
---------------------------------------------------------------------------

Therefore, the EPA is revising the final rule to require that all
SSI unit owners or operators submit a final control plan and achieve
final compliance by March 21, 2016. The EPA has concluded that most
facilities already have a final control plan in place and know what
measures they are required to take in order to achieve compliance.
The EPA disagrees with the commenter's suggested framework for
allowing facilities to achieve final compliance up to 2 years after the
publication of the final federal plan in the Federal Register. This
would violate the statute, as section 129 of the CAA directs the EPA to
implement the federal plan so that the plan will assure that each unit
subject to the plan is in compliance with all provisions no later than
5 years after the date of the promulgation of the emissions guidelines,
which was March 21, 2011.
The EPA disagrees with using a mechanism modeled on the provision
at 40 CFR 62.14536 as there is no statutory authority under CAA section
129 for providing compliance extensions (i.e., allowing compliance
after the compliance date). Lastly, the EPA disagrees that affected
sources have had inadequate time to prepare to comply with this rule.
The commenters do not point to any specific circumstances where
compliance is not possible. In fact, one commenter notes that sources
have been working to come into compliance since the March 2011 final
rule was issued. The federal plan implements the EG for existing SSI
units, which was promulgated on March 21, 2011.\12\ We believe that
sources have had ample notification of this final compliance date and
that they are aware of what measures they must take in order to comply.
---------------------------------------------------------------------------

\12\ See 76 FR 15372.
---------------------------------------------------------------------------

2. Operator Training
Comment: Several commenters (08, 11, 12, 14) express varying
opinions on the proposed operator training requirements. One commenter
(08) points out that the proposed 40 CFR 62.15920(b) requires that
operator training and qualification must be obtained through a state-
approved program or by completing the requirements that the section
outlines. Proposed 40 CFR 62.15920(c) requires that operators must pass
an examination designed and administered by a state-approved program or
an administering instructor. The commenter suggests that some states
will have neither created or identified an approved SSI operator
training program, nor have identified any state-approved instructors to
administer the training and examination. The commenter is concerned
that the facility and operator would be in a situation in which it
would be impossible to comply with the rule through no fault of the
facility or operator.
Other commenters (11, 12) express appreciation of the EPA's
flexibility on who can administer the SSI operator training program and
the examination. Commenter (12) requests that the EPA verify its
interpretation of the operator training requirements. Specifically, the
commenter raises that, based on email correspondence with the EPA, they
understand that the proposed operator training requirements mean that a
third-party or utility could develop a training program and exam and it
need not be approved by the state or the EPA as long as it meets the
requirements in 40 CFR 62.15920(c). The commenter states that they
understand that this interpretation is only with respect to states that
do not have approved state plans in place and that, once a state plan
is approved by the EPA, upon the effective date of a state plan, the
federal plan would no longer apply as of the effective date of a state
plan. Any operator training requirements would have to comply with the
state plan.
Another commenter (14) is concerned that it will be difficult to
meet the operator training requirements when no state training program
exists.
Response: As the EPA recently clarified in a webinar on June 2,
2015, to states, tribes, territories, and local air agencies, the
federal plan would require that an SSI unit cannot be operated unless a
fully trained and qualified SSI unit operator is accessible, either at
the facility or nearby such that the operator can be at the facility
within 1 hour.\13\ Operator training and qualification must be obtained
through a state-approved training program or by completing the list of
training requirements included in the proposed federal plan. The EPA
explained that if a state program does not exist, facilities complying
with the federal plan must complete the list of training requirements
in order to comply with the rule.
---------------------------------------------------------------------------

\13\ EPA's outreach webinar on the federal plan proposal can be
found at the SSI regulation Web site: https://www3.epa.gov/ttn/atw/129/ssi/ssipg.html.
---------------------------------------------------------------------------

Section 62.15920(b) of 40 CFR part 62 clearly states that there are
two options for complying with the operator training requirements. The
first option is to obtain training and qualification through a state-
approved program. The second option is to obtain training and
qualification through completing an incinerator operator training
course that includes at a minimum the topics listed in 40 CFR
62.15920(c). The rule further requires operators to complete an
examination designed and administered by the state-approved program or
an instructor administering the training topics listed in the rule. The
rule also states that operators are required to conduct initial
training and annual refresher trainings in addition to retaining
documentation on-site of completed operator training. The EPA provides
the following examples of how a training and examination program could
work in order to comply with the requirements:
Example 1: A third party administers an SSI operator
training course and examination. The training course and examination
syllabus cover the topics as described in 40 CFR 62.15920(c).
Example 2: An affected SSI facility with necessary
technical expertise administers an ``in-house'' SSI operator training
course and examination. The training course and examination syllabus
cover the topics as described in 40 CFR 62.15920(c).
Example 3: SSI operators complete an SSI operator training
course and examination through a state-approved training program (e.g.,
state-approved trainer or state-run program; may vary by state).
The EPA further clarifies that ``state approved training program''
is not a ``state implementation plan''. The EPA recognizes that
different states may have their own requirements for professional
trainers in their states even if they do not have a state
implementation plan in place. SSI unit owners and operators are
encouraged to contact their state to find out if their state has its
own requirements for trainers. Once a state plan is approved by the
EPA, upon the effective date of a state plan, the federal plan would no
longer apply to SSIs in that state. The state or local agency would
implement and enforce the approved state plan in lieu of the federal
plan and operator training requirements would have to conform with the
state plan.
3. Performance Testing and Monitoring
As the EPA discussed in the federal plan proposal, we will not
address comments on the underlying SSI EG, since those comments address
issues

[[Page 26046]]

outside the scope of the federal plan.\14\ We note that this section
addresses issues that the EPA believes warrant clarification, even
though they are not within the scope of this action. Many of the
comments received on the proposed federal plan's monitoring and testing
provisions recommend changes to be made in the EG, and since no such
revisions were identified in the proposed federal plan, we are not
making these changes at this time in the federal plan. We will consider
making changes to the EG and corresponding changes to the federal plan
to incorporate the suggested revisions in the future. However, the
responses below provide clarification regarding the requirements of
certain monitoring and testing provisions.
---------------------------------------------------------------------------

\14\ See 80 FR 23404.
---------------------------------------------------------------------------

Comment: Multiple commenters (11, 12, 13, 18) respond to the EPA's
solicitation of comments regarding the proposed provision at 40 CFR
62.16015, which would require SSI units to operate at a minimum of 85-
percent of the maximum permitted capacity during performance testing.
The EPA specifically solicited comments and additional data on whether
the 85-percent requirement warrants a revision due to operational
limitations or other factors. Two commenters (12 and 18) state that the
capacity at which SSIs test will drive the overall setting of operating
parameters that: (1) May be impossible to maintain at a lower (more
real-world) throughput rate, and (2) if possible to maintain, may have
negative environmental and cost implications. Under one commenter's
(18) title V permit, stack tests are required and set the maximum (with
an allowable exceedance up to 10-percent) for dry-tons-per-day solids
loading. The commenter argues that using a stack test to set the
maximum throughput makes sense when the stack test results are also
used to set operating parameters. In addition, for this commenter, the
permitted throughput is calculated as an average of three test runs,
and two commenters (12 and 18) request the EPA to consider including
this in the federal plan.
Commenters (12 and 18) provide the example that an SSI unit with a
higher feed rate will have a higher air flow and, therefore, a higher
pressure drop; pressure drop is one of the operating parameters that
must be established. Under normal feed rates, SSIs will have lower air
flows and lower pressure drops. They state that it may be necessary for
some utilities attempting to achieve combustion zone temperature limits
established for higher loading conditions to use auxiliary fuel to
artificially increase bed temperature to meet the operating limit at
lower loading conditions.
Commenters (12 and 18) discuss that it is not practical or
economical for many SSIs to maintain a level of 85-percent during
normal operations in order to ensure that operating parameters set at
this level are consistently met. The commenters discuss that operation
at this higher level will require frequent start/stop cycles, which
accelerates the thermal aging of the system, shortens the useful life
of the unit, results in highly variable feed composition, and uses more
auxiliary fuel for stable operation. The commenters believe that these
adverse impacts further increase the operating cost and adversely
impact emissions from SSIs due to excessive fuel use and increased
frequency of startup and shutdown modes. In other words, this would
result in increased energy consumption and greenhouse gas emissions.
One commenter (12) explains that some SSI facilities have had to
store sludge for extended periods of time to accumulate enough material
to meet this requirement, as many SSIs routinely operate significantly
below their maximum permitted capacity. If an operating facility has to
store sludge to meet the 85-percent feed rate, the characteristics of
the sludge will change, resulting in different operating requirements
and performance for stored sludge than non-stored sludge processed
during average conditions. The commenter further explains that many
utilities simply do not generate enough sludge to burn at 85-percent of
permitted capacity consistently. The commenter describes how sludge is
fed at a rate to maintain a specific and narrow combustion temperature
range. Variations in sludge composition will vary the feed rate as the
commenter describes. During one SSI facility's recent performance test
run, the sludge's percent volatile solids and British Thermal Unit
(BTU) content were significantly higher than normal, which resulted in
feed rates less than 85-percent as the SSI's BTU input capacity was
reached. In other cases, SSI units have not been able to maintain feed
rates at 85-percent of their permitted maximum capacity and also
maintain other operating conditions during testing, resulting in test
runs that do not meet the regulatory requirements (e.g., sludge
volatile content and other sludge characteristics can vary
significantly and feed rates must be adjusted to maintain target
combustion temperatures).
One commenter (12) reminds the EPA of their comments submitted on
the October 14, 2010, proposal of the EG and NSPS (75 FR 63260) in
which they stated that EPA's assumption that SSIs operate at 75-percent
of the rated capacity was too high and that the EPA needed to consider
other options.\15\ The commenter further highlights their November 29,
2010, comment that raised concerns about requiring a specific operating
parameter for feed rate. The commenter believes that the 85-percent
requirement was added at the 2011 final rule stage of the EG and NSPS
as the EPA attempted to address the issue that their November 29, 2010,
comments raised at the time. They further believe that the EPA removed
the operating parameter for sludge feed rate and the requirement to
regularly operate within that range, but the agency then added the 85-
percent requirement for performance testing. The commenter requests
that the EPA eliminate the 85-percent requirement and instead require
the use of a minimum feed rate based on actual historical operating
averages (i.e., the baseline would be each SSI's historical operating
baseline, instead of permitted capacity). The commenter states that the
EPA has previously suggested in email correspondence and phone
conversations that testing be conducted at both 85-percent of permitted
capacity and at the historical operating average feed rates in order to
establish the operating parameters at regular or normal feed rates. The
commenter does not think that this is acceptable because this would
require two separate compliance demonstration source tests and
effectively double the cost of performance testing. They also do not
think that there is valid regulatory purpose for establishing operating
parameters at higher operating capacities (e.g., 85-percent) than are
normally encountered, so they request that the EPA revise this
requirement to instead require testing based on actual/historical
operating average.
---------------------------------------------------------------------------

\15\ See November 29, 2010, comment submitted by the National
Association of Clean Water Agencies. Document identification number
EPA-HQ-OAR-2009-0559-0127.1. https://www.regulations.gov.
---------------------------------------------------------------------------

Commenter (11) discusses that their unit is rated by the
manufacturer at a sludge feed rate of 2.0 dry-tons-per-hour. The rating
was based on assumptions during its design, including volatile solids
percentage in sludge. The commenter states that the SSI unit has never
achieved the design sludge feed rate, much in part because the measured
volatile solids content has been consistently higher than the design

[[Page 26047]]

assumption. Under a normal optimal operation, the commenter can run a
feed rate of 1.4-1.5 dry-tons-per-hour, which is at 75-percent of rated
capacity. However, they describe that there are extended periods of
time where the SSI unit operates at lower feed rates (e.g., 1.1 dry-
ton-per-hour), which is 55-percent of rated capacity. The commenter
explains that sludge feed rate dictates the target combustion
temperature to achieve optimal combustion conditions while generating
the least quantity of air pollutants. While the commenter will seek a
lower permitted capacity in its air permit, it is likely that the SSI
unit will not continuously operate within 85-100-percent capacity
range, including during test conditions. The commenter describes how
operators must respond to varying conditions such as sludge quality,
fluidized sand condition, and combustion air flow and temperature. The
commenter believes that sludge feed rate should not be specified in the
operation of an SSI, including during performance testing. The
commenter asks the EPA to provide relief in this requirement by either
expanding the minimum percentage requirement, or by implementing
another means to determine ``normal operation''. One suggestion they
recommend is to require that a performance test be conducted at a
sludge feed rate within plus or minus 20-percent of the average sludge
feed rate during the past six months of SSI unit operation.
Commenter (13) recommends that the 85-percent threshold be replaced
with a requirement that the minimum feed rate be based on historical
operating average. The commenter explains that this suggestion is
primarily due to the variability of the sludge feed (e.g., percent
solids, percent volatile solids, BTU content, percent primary sludge v.
percent waste activated sludge, etc.), which impacts throughput.
Furthermore, the commenter states that SSI facilities are finding that
they will not be able to continuously meet some of the site-specific
operating limits (e.g., wet scrubber pressure drop) established at 85-
percent threshold or higher, when operating their incinerators at
normal (lower) feed rates.
Response: While we solicited comment on the 85-percent of maximum
permitted capacity performance testing requirement, the EPA has decided
that it is not appropriate to make changes to the requirement at this
time, in order to avoid inconsistencies between the federal plan and
the EG, since the federal plan is intended to implement the EG. The EPA
thanks the commenters for their valuable feedback and ideas. We will
consider making changes to the EG and corresponding changes to the
federal plan to address the suggested revisions in the future. If a
particular operating parameter is inappropriate for a site-specific
configuration, the facility may submit an alternative monitoring plan
to the appropriate EPA regional office pursuant to 40 CFR 62.16050, 40
CFR 60.8 and 60.13.
Comment: One commenter (11) discusses the proposed 40 CFR
62.15995(a)(3)(ii)(C), which includes specific requirements for
installation of a pH monitoring system if a scrubber is designed to
control emissions of HCl or SO2. Specifically, 40 CFR
62.15995(a)(3)(ii)(C)(1) will require that a pH sensor be placed in a
position at the scrubber effluent. The commenter explains that the
requirement will cause issues in establishing an operating limit and in
operating and maintaining the pH probe because of the elevated
temperature of scrubber effluent and presence of erosive ash and sand
particulate. The commenter further explains that it is likely that the
pH probe measurement will drift under these conditions. Additionally,
regarding the establishment of operating limits, the commenter believes
that it is likely that the pH of scrubber effluent will vary during a
performance test, depending on the varying presence of HCl and/or
SO2 removed from the gas stream. The commenter states that
using scrubber effluent pH is inconsistent with engineering design for
scrubbers designed to remove acidic or alkaline gases from process air
or flue. Typically, the adjustment and measurement of scrubber pH
liquid is important for the feed (or influent) into a scrubber system.
In a semantic sense, the term ``scrubber liquid pH'' used in 40 CFR
62.15985(a)(1) is typically understood to be the liquid introduced
(i.e., feed) into a scrubber. This is a fundamentally different term
than ``scrubber effluent pH,'' as noted in 40 CFR
62.15995(a)(3)(ii)(C). The commenter recommends that the pH of scrubber
liquid, specifically the feed water into a scrubber, be used for
establishing operating limits. The commenter also states that the pH
monitoring system should be placed at the feed water, and not the
scrubber effluent.
Response: This comment is outside the scope of the SSI federal
plan, since the federal plan is intended to implement the EG. The EPA
thanks the commenters for their valuable feedback and ideas. We will
consider making changes to the EG and federal plan to incorporate the
suggested revisions in the future. If a particular operating parameter
is inappropriate for a site-specific configuration, under 40 CFR
62.16050, 40 CFR 60.8 and 60.13, the facility may submit an alternative
monitoring plan to the appropriate EPA regional office.
Comment: One commenter (08) describes that the proposed 40 CFR
62.15995 includes requirements to prepare site-specific monitoring
plans for continuous parameter monitoring systems (CPMS). The proposed
rule contains specific sensitivity specifications for certain types of
CPMS. The commenter explains that most SSIs have been operating
satisfactorily with legacy CPMS, installed at the time of installation
or shortly thereafter as the ``kinks'' were worked out. At this time,
however, it is often impossible to obtain performance specifications
for the CPMS components or the overall CPMS, for a variety of reasons.
The commenter discusses that, when the equipment was purchased,
performance specifications with that degree of granularity were often
not required as part of equipment specification. It may be impossible
to now obtain the data retroactively from vendors or manufacturers,
because suppliers are no longer in business, or the manufacturers did
not acquire or retain the data because it was not required. Thus there
will be situations in which an affected SSI unit has an existing
continuous parameter monitoring equipment that is working
satisfactorily with years of reliable performance, but for which the
operator cannot produce the ``paperwork'' documenting that the unit
meets the performance specification of the proposed 40 CFR 62.15995.
The commenter asks the EPA what alternatives are available to operators
of SSI units in these circumstances. The commenter also asks that if
the rule is promulgated as proposed, will the operators of those SSI
units be required to replace working and effective CPMS simply for the
lack of ``paperwork''. The commenter believes that discarding equipment
that is working for lack of ``paperwork'' seems unnecessary and
wasteful, particularly since newer equipment with greater sensitivity
might actually be more susceptible to breakdown or performance
excursions.
Response: While the EPA has stated its belief that it is prudent
for records of specifications for measurement equipment to be kept, the
EPA understands that these records may no longer exist. In cases where
this information no longer exists, that reason alone will not require
facilities to replace their equipment. Instead, the facility may
demonstrate that the equipment meets the requirements

[[Page 26048]]

given in the rule. For example, for temperature measurements, such a
demonstration could rely on comparison to a redundant temperature
measurement device, a calibrated temperature measurement device or a
separate sensor check and system check by temperature simulation.
It is important for monitoring equipment to meet minimum
specifications in order to return data of known quality. While the
monitor may be working, without data of known and satisfactory quality,
neither the owner or operator nor the EPA can be assured that the
facility is in compliance.
Comment: One commenter (08) identifies that the proposed 40 CFR
62.15995(a)(7) would establish requirements to determine when a
continuous monitoring system (CMS) is out of control. They specify that
paragraph (a)(7)(i) sets forth that a CMS system would be deemed to be
out of control if drift exceeds two times the applicable calibration
drift specification (paragraph (a)(7)(i)(A)) or the unit fails certain
required performance test audits (paragraph (a)(7)(i)(B)). As the
commenter reads the proposed federal plan, the universe of CMS that
fall under this provision is unclear. They discuss that one
interpretation is that the proposed federal plan applies to all CMS,
which would indicate that an ``out-of-control'' specification would
need to be developed for each CMS. Following this interpretation, all
CMS that are not subject to performance audits would need to develop an
``out-of-control'' drift specification. The commenter asks how ``out-
of-control'' specifications would be developed for CMS that are subject
neither to a performance audit nor to drift. The commenter has an
alternate interpretation of 40 CFR 62.15995(a)(7), which is that it
applies only to CMS for which drift is a meaningful and relevant
concern. The commenter believes that the rule as written, however, does
not clearly limit 40 CFR 62.15995(a)(7) to such situations.
Response: The rule applies to all CMS. Section 62.15995 of 40 CFR
part 62 requires owners or operators to develop and submit for the
Administrator's approval site-specific monitoring plans for each CMS.
Section 62.15995(a)(3) of 40 CFR part 62 requires owners or operators
to identify ongoing performance evaluations in their site-specific
monitoring plans for all CMS (both CEMS and CPMS). A failure of one of
these ongoing activities (e.g., the performance evaluation described in
the site-specific monitoring plan) constitutes an out-of-control period
and triggers corrective action. The EPA further notes that owners and
operators must conduct a performance evaluation of a pressure sensor no
less frequently than annually per 40 CFR 62.1995(a)(3)(ii)(B)(5).
Comment: Two commenters (12 and 13) identify that under the EG and
the proposed federal plan, the lowest 4-hour average effluent water
flow rate at the outlet of the wet electrostatic precipitator (WESP)
recorded during the most recent performance test demonstrating
compliance with the particulate matter, lead, and cadmium limits,
becomes the WESP's site-specific minimum water effluent flow rate.
Commenters discuss that the data are supposed to be measured and
recorded on an hourly basis, and compliance is determined on a 12-hour
block average. Commenter (13) specifically notes that the EG only
requires three 1-hour long performance test runs, which means that the
minimum water effluent flow rate will actually be the lowest 1-hour
average. Both commenters convey that water does not continuously run
through a WESP. A WESP is only flushed (clean) with water approximately
once every 6 hours and the flush lasts for approximately 3 minutes.
Commenter (13) explains that the rate at which flushing water is added
to the WESP is normally in the range of 50-100 gallons per minute, but
it can vary depending on the size of the unit.
Commenter (13) states that unlike other industries, all of the
WESPs located at publicly owned treatment works (POTWs) are preceded by
wet scrubbing systems and the gas stream entering the WESP is saturated
with moisture. As a result, there is no need to install water sprays
prior to the WESP's inlet. The commenter asks whether the use of water
sprays in other industries is the reason that the minimum water
effluent limit was included in the SSI rules. The commenter explains
that unless flushing water is being utilized, the water effluent flow
rate recorded during the performance test will only consist of a small
amount of moisture that has been carried over from the wet scrubbers
and the condensation that occurs within the WESP. A number of POTWs
combine the effluent from their wet scrubbers and WESPs into a single
pipe, making it almost impossible to accurately measure the WESP water
effluent. The commenter requests that POTWs be allowed to monitor the
WESP's flushing water inflow in lieu of measuring the WESP's effluent,
if this requirement is retained in the final federal plan.
Commenter (12) states that the rule requires a minimum water flow
rate for the WESP in gallons-per-minute (gpm), just like the scrubber
water flow rate. Scrubber water, however, flows continuously while
WESPs are only flushed once every 6 hours. Since the flushing water is
not continuous, SSI unit owners and operators have difficulty
developing a minimum flow rate. In addition, a WESP gravity effluent
pipe with a diameter of 4 inches or 6 inches, necessary to avoid
clogging in some configurations, is too large for a meter to accurately
measure the low rate of flow. In some cases, WESP effluent flows into a
common drain pipe where backflow into the drain can affect the accuracy
of the reading. One SSI unit owner/operator requests that they be
allowed to measure the water feed to the WESP, instead of measuring the
flow at the outlet of the WESP. The influent flow rate will be greater
than or equal to the effluent rate due to possible evaporation within
the unit. However, the commenter has a more basic question as to why
the rule requires a minimum WESP effluent water flow rate as a site-
specific operating parameter. Based on the information the commenter
has collected, water flow does not change the WESP's collection
efficiency. In fact, at some times, there can be more water draining
out of the WESP then is being added to it. The exception is when
flushing occurs, which is due to the condensation of the moisture in
the exhaust gases that have been saturated in the wet scrubbers. The
commenter requests clarification on this topic in the final federal
plan.
Similarly, another commenter (16) believes that 40 CFR 62.15985 as
proposed is impractical. The commenter states that 40 CFR 62.15985
indicates that water flow rate at the outlet of the WESP must be
monitored. The commenter remarks that water usage by the WESP is
intermittent and at many times too minimal for a mag-meter of the size
necessary on the effluent pipe to accurately measure. A pressurized
influent pipe supplying water to the WESP is much smaller, improving
the accuracy of the mag-meter. The commenter describes that a WESP
gravity effluent pipe with a diameter of 4 inches to 6 inches,
necessary to avoid clogging, is too large for a mag-meter to accurately
measure the low rate of flow.
Commenter (13) references EPA guidance document for ``Compliance
Assurance Monitoring'' (CAM) that covered WESPs used for particulate
matter control; voltage was listed as the prime and only measurement
for compliance monitoring. The commenter states that this document also
acknowledged that wash water is only used on an intermittent basis and
results

[[Page 26049]]

in slight and temporary reductions in voltage. Since the water effluent
flow rate is not indicative of a WESP's removal efficiency, WESPs are
subject to a site-specific secondary voltage or amperage operating
limit, and WESPs located at POTWs do not require water sprays, the
commenter asks the EPA to consider eliminating the WESP water effluent
operating parameter from the EG and final federal plan.
Response: The choice of site-specific operating parameters is
outside the scope of the federal plan, and EPA did not propose or
solicit comment on revisions to these provisions. The EPA thanks the
commenters for their valuable feedback and ideas. We will consider
making changes to the EG and federal plan to incorporate the suggested
revisions in the future. The EPA recognizes that the commenters have
asked for clarifications on some of the points related to WESP water
flow and we provide clarification below.
First, commenters note that the lowest 4-hour average effluent
water flow rate at the outlet of the WESP, recorded during the most
recent performance test demonstrating compliance with the PM, Pb, and
Cd limits, becomes the WESP's minimum water effluent flow rate, but
that the regulation only requires three 1-hour performance test runs,
which means that the minimum water effluent flow rate will actually be
the lowest 1-hour average. The EPA notes that the regulation requires a
minimum sample volume for each test run, not a minimum sample time. It
is possible that some performance tests for PM and metals may not
require 4 hours in total to achieve the minimum sample volume for the
three runs. However, because the operating parameters must be set based
on a 4-hour average from the performance test, the EPA has concluded
that it is necessary to test for at least 4 hours (in total, not per
run), even if this means collecting more than the minimum sample volume
prescribed in the rule.
Second, the EPA is clarifying why effluent water flow is an
appropriate operating parameter for a WESP and why it accurately
reflects a WESP's ability to efficiently collect PM. All ESPs operate
under the principle that opposite charges exist between the plates and
the particles. When the plates become too caked with collected
particles, there will no longer be enough pull from the plates to
attract the particles from the incoming gas stream. The plates must be
continuously or intermittently (at regular intervals) washed to
maintain the attraction. In some situations, either influent or
effluent water flow can provide an adequate indicator of performance.
However, as one commenter noted, sometimes the influent flow rate is
maintained at greater than or equal to the effluent rate due to
possible evaporation within the unit. In this type of situation, it is
important to monitor the effluent flow rather than the influent flow.
If the water evaporates and does not make it all the way through the
system and does not clean all of the plate surfaces, than the water
flow is not adequate, but this would not be reflected if measuring
inlet flow rate. Further, the commenter's assertion that the EPA's CAM
guidance lists voltage as the prime and only measurement for compliance
monitoring is incorrect. The CAM guidance is meant only to provide
examples for operating parameters for different control devices; it is
not meant to be all inclusive. However, the second example for WESP in
the CAM guidance lists three different monitoring parameters: secondary
voltage, quench inlet temperature, and WESP outlet temperature. The
WESP outlet temperature measurement serves as an indicator of water
flow through the system, thereby demonstrating that even in the CAM
guidance the EPA has acknowledged the importance of water flow in a
WESP.
The EPA also reminds commenters that if a particular operating
parameter is inappropriate for their site-specific configuration, under
40 CFR 62.16050, 40 CFR 60.8 and 60.13 the facility may submit an
alternative monitoring plan to the appropriate EPA regional office.
Comment: One commenter (12) discusses that the 2011 EG and proposed
federal plan include parametric monitoring requirements for good
combustion at 40 CFR 62.15960. The commenter points out that a
definition of ``combustion chamber'' is not provided in 40 CFR
62.16045, though the definition for ``fluidized bed incinerator'' makes
mention of ``combustion chamber.'' A multiple hearth incinerator
typically includes drying, combustion and cooling zones and could also
include an afterburner for carbon monoxide removal. The commenter
believes that it is unclear whether the requirement under 40 CFR
62.15960 to establish a minimum operating temperature applies to (a)
the combustion chamber within a fluidized bed incinerator and the
afterburner in a multiple hearth incinerator only, or (b) to all
hearths/zones within a multiple hearth incinerator as well as (a), or
(c) to only the combustion zone within a multiple hearth incinerator as
well as (a), or (d) does not apply at all to any of the hearths/zones
within a multiple hearth incinerator. The commenter stresses the
importance of developing site-monitoring plans for temperature sensors
that are affected under 40 CFR 62.15995(a)(3)(ii)(D).
Response: The SSI federal plan does not define the term
``combustion chamber.'' In response to the comment regarding where the
minimum combustion temperature is applied, we are clarifying that the
minimum combustion temperature is to be applied in the combustion zone
of the unit. The drying hearth or zone temperature typically ranges
between 800 and 1,400 degrees Fahrenheit. In the drying zone, the
sludge that is dried is heated so that efficient combustion may then
occur. We do not believe it is appropriate to establish minimum
combustion temperature in the drying zone because the drying zone's
purpose is to reduce the moisture and heat up the sludge, not to
combust the sludge. The temperature of the combustion zone is typically
1,700 degrees Fahrenheit. Combustion typically requires at least
greater than 1400 degrees Fahrenheit to destroy solids and fixed
carbon. We intend for the minimum combustion temperature to be applied
in the combustion zone in order for good combustion to occur. From the
combustion zone, the cooling zone occurs next where ash cools and heat
is transferred to the incoming combustion air. The cooling zone also
would not be appropriate to apply the minimum combustion temperature
because combustion should have completed by this point.
Comment: One commenter (12) states that they have had numerous
discussions with the EPA about the EG and proposed federal plan's
requirement relating to fugitive visible emissions from ash handling.
They identify that other Maximum Achievable Control Technology
standards specifically state that this requirement applies to emissions
from the building to the atmosphere, not from equipment within the
incinerator building, and EPA has confirmed in phone conversations with
the commenter that the same is true for the visible emissions
requirements for ash handling in the EG and proposed federal plan. The
commenter requests that this be clearly stated in the final federal
plan. The commenter believes that any attempt to apply the fugitive ash
requirement within the incinerator building would be unjustified and
lead to major compliance issues.
Response: The underlying emissions guideline is clear that the
requirement applies to fugitive visible emissions from the ash handling
system. The definition of an SSI unit at 40 CFR 62.16045 describes that
the unit includes all ash handling systems

[[Page 26050]]

connected to the bottom ash handling system and that the combustion
unit bottom ash system ends at the truck loading station or similar
equipment that transfers the ash to final disposal. Tables 2 and 3 of
the federal plan regulatory text further specify that the visible
emissions of combustion ash from an ash conveying system include
conveyor transfer points. It is not predicated on the location of the
ash handling system. The 2011 EG and NSPS response to public comments
also explains that the rule should and does require that the source
owner or operator verify that the measures necessary to limit the
amount of fugitive dust exiting the transfer points and exhausts from
the building are such that they meet the visible emissions
standard.\16\ The commenter did not provide any specifics as to why the
emission standard for fugitive emissions from ash handling is
unjustified or would lead to major compliance issues.
---------------------------------------------------------------------------

\16\ See Docket Identification Number EPA-HQ-OAR-2009-0559-0171.
---------------------------------------------------------------------------

Comment: One commenter (12) states that according to the EG and the
proposed federal plan, all of the operating parameters, with the
exception of scrubber water pH, are to be equal to the lowest 4-hour
average measured during the most recent compliance test. The commenter
states that EPA staff have indicated that when writing the EG, EPA
personnel assumed that each of the three required test runs would be 4
hours in duration. However, the EPA included air emission test
protocols in the final rule for performance testing that allow three 1-
hour test runs. During correspondence with EPA, the commenter states
that EPA staff agreed that 1-hour test runs were acceptable for
establishing operating parameters. Furthermore, the EPA agreed that the
lowest 4-hour average should be deleted and replaced with the 1-hour
test run average already agreed to in principle. The commenter asks the
EPA to confirm this in writing in the final federal plan and through
the appropriate process to update any state implementation plans, as
well in 40 CFR part 60, subpart LLLL (NSPS for SSI units).
Response: The EPA notes that the regulation requires a minimum
overall sample volume for each test run, not a minimum sample time. It
is possible that some performance tests for PM and metals may not
require 4 hours in total to achieve the minimum sample volume for the
three runs. However, because the operating parameters must be set based
on a 4-hour average from the performance test, the EPA has concluded
that it is necessary to test for at least 4 hours (in total, not per
run), even if this means collecting more than the minimum sample volume
prescribed in the rule.
Comment: One commenter (12) recognizes that numerous SSI unit
owners and operators have raised questions regarding setting and
implementing operating limits. The commenter provides the following
example: During a recent performance test at one facility to establish
venturi water flow rate, when the flow rate was recorded at 344 gpm.
The commenter asks whether the utility must set the flow rate at the
level or whether it can set the flow rate at 340 gpm. The commenter
states that SSI unit owners and operators are not familiar with these
provisions and would benefit from any additional guidance the EPA can
provide. The commenter states that some leeway makes sense due to
measurement variability. The commenter believes that compliance with
the parametric limit should be based on the average high/low value (as
appropriate) plus or minus 30-percent, consistent with the existing 40
CFR part 60, subpart O requirements. The commenter requests that the
EPA clarify how averages are to be calculated. They state that
utilities need to know how the x-hour averages are calculated for each
operating parameter. Scrubber flow rate, liquid pH, combustion chamber
operating temperature, etc. limits all depend of knowing how this
calculation must be performed.
Response: The rule provides sufficient flexibility to owners and
operators to establish monitoring parameters that are achievable on an
on-going basis. The owner and operator also has the flexibility to
conduct repeat performance tests to re-establish performance tests
parameters.
While 40 CFR part 60, subpart MMMM, do not provide for the plus or
minus 30-percent allowance that is in 40 CFR part 60, subpart O, the
EPA notes that the operating parameter averaging times in subpart MMMM
are much longer than the averaging times in subpart O. This is meant to
account for the short-term fluctuations in the operating parameter
readings and serves a similar purpose to the 30-percent allowance. The
EPA does not think that providing the 30-percent allowance on top of
the long averaging times is appropriate for ensuring continuous
compliance.
Section 62.15985 of 40 CFR part 62 describes how operating limits
are established and Table 4 of the federal plan regulatory text
describes how to demonstrate compliance with operating parameters
limits. For example, minimum combustion chamber temperature is equal to
the lowest 4-hour average combustion chamber temperature during the
performance test. This is likely the combustion chamber measured over
one test run, as the test run for dioxins and furans is likely to last
around 4 hours. If this 4-hour average is 1,802 degrees Fahrenheit, the
limit is 1,802 degrees Fahrenheit, not 1,800 degrees Fahrenheit. On a
continuous basis, the combustion temperature would be measured and
recorded at least once every 15 minutes, and those data would be used
to calculate hourly arithmetic averages. The hourly average would then
be used to calculate a 12-hour block average. The 12-hour block average
would be compared to the lowest 4-hour average recorded during the test
(1,802 degrees Fahrenheit in this example) to determine compliance.
Compliance with the other operating parameter limits are demonstrated
similarly according to the specific timeframes noted in 40 CFR 62.15985
and Table 4 for each operating parameter.
Comment: One commenter (12) requests that the EPA considers
building some measure of flexibility into the site-specific operating
limits. Specifically, the commenter suggests that the enforceable site-
specific operating limit could be higher or lower than the limit
established during the compliance tests within some defined boundaries.
The commenter provides an example: If the lowest total pressure drop
during the testing is 40 inches and the particulate matter and the
metal emissions rates are all at or below 75-percent of the
standards,\17\ is EPA willing to reduce the total pressure drop
operating limit to 36 inches? The commenter believes that the EPA has
allowed this type of flexibility in its 40 CFR part 60, subpart O, and
40 CFR part 503 requirements.
---------------------------------------------------------------------------

\17\ The commenter acknowledges that the EG does allow for
reduced frequency of testing for pollutants that are at or below 75-
percent of the emissions limits for at least two consecutive years.
---------------------------------------------------------------------------

Response: This comment is outside the scope of this action, since
EPA is adopting a federal plan that simply implements the underlying
requirements of the EG. The EPA thanks the commenters for their
valuable feedback and ideas. We will consider making changes to the EG
and federal plan to incorporate the suggested revisions in the future.
If a particular operating parameter is inappropriate for a site-
specific configuration, under 40 CFR 62.16050, 40 CFR 60.8 and 60.13
the facility may submit an alternative

[[Page 26051]]

monitoring plan to the appropriate EPA regional office.
Comment: One commenter (12) states that SSI unit owners and
operators are concerned they will be required to meet the emissions
limits required by the federal plan and the operating parameters
immediately after the initial compliance test. Based on conversations
with EPA regional staff, the commenter understands that, as long as an
SSI unit continues to operate as specified in an existing title V
permit or other authorizing document (where there is no title V
permit), they are not required to operate the control equipment under
the established parameters of the rule's initial compliance test until
the compliance date of March 21, 2016 (or earlier date specified by a
state implementation plan). The commenter asks the EPA to confirm this
in writing.
Response: The EPA reiterates that the final compliance date of the
federal plan in March 21, 2016. SSI units will need to be in compliance
by that date, including operating within the limits of the operating
parameters they establish during the initial performance test.
Compliance before the compliance date is encouraged but not required.
SSI units subject to state plans may be required to meet earlier
compliance dates. The EPA notes that SSI units must also comply with
the requirements in their title V operating permits.
Comment: One commenter (16) states that proposed 40 CFR 62.16015
implies that the use of the bypass stack when sewage sludge is not
being charged is not an emission standard deviation. Section 62.16015
of 40 CFR part 62 states that 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 of the
subpart. The commenter asks the EPA if this interpretation is correct.
Similarly, the commenter states that proposed 40 CFR 62.15955 implies
that emissions limits and standards do not apply to a bypass stack or
vent if sewage sludge is not being combusted. Section 62.15955 of 40
CFR part 62 states that emissions 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). The
commenter asks EPA if their interpretation is correct.
The commenter (16) further identified that 40 CFR 62.15970 appears
to conflict with 40 CFR 62.15955. Section 62.15970 of 40 CFR part 62
reads, ``emission limits and standards apply at all times and during
period of malfunction.'' Section 62.15955 of 40 CFR part 62 includes
the proviso ``at all times the unit is operating.'' The commenter
interprets the statement, ``at all times'' as written in 40 CFR
62.15970 to conflict with the implication in 40 CFR 62.15955 that
emissions limits and standards apply to a bypass stack while sewage
sludge is in the combustion chamber. The commenter points out that the
term ``operating'' as used in the proposed federal plan is not defined.
The commenter asks the EPA to clarify if the term ``operating'' is the
period of time when sludge is being combusted in the incinerator, or is
the term to mean any period of time that burners are on in the
incinerator, regardless of whether or not sludge is being combusted.
The commenter also points out that the term ``operating limits'' is
used in the regulations, but the definition of ``operating'' is not
clearly defined.
Similarly, the commenter cites a discussion at 80 FR 23411, which
states that ``any incident of deviation, resumed operation following
shutdown, force majeure . . . are required to be reported to the
Administrator.'' The commenter reiterates that the term ``shut-down''
is defined as ``the period of time after all sewage sludge has been
combusted in the primary chamber.'' The commenter explains that it is
common practice for an SSI facility to run out of sludge to incinerate,
and is therefore ``shutdown'' on a regular basis, either weekly or
possibly more frequently until they have enough sludge to incinerate.
The commenter asks the EPA to clarify whether this discussion in the
preamble of the federal plan proposal means that each time an SSI
facility runs out of sludge and/or temporarily shuts off the sludge
feed to the incinerator for operational reasons, and then resumes
burning sludge, the Administrator must be notified. The commenter
asserts that ``shutdown'' by definition can exist with the burners on
but with no sludge being combusted. The commenters interprets that this
could mean that the term ``operation'' should be defined as any time
sludge is being combusted in the incinerator.
The commenter further states that 40 CFR 62.15970 conflicts with
their understanding that, during the time when sludge is not being
combusted in the incinerator, it is not a deviation if the natural
draft damper is open. Section 62.15970 of 40 CFR part 62 states that
for determining compliance with the carbon monoxide (CO) concentration
limit using CO CEMS, the correction to 7-percent oxygen does not apply
during 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 oxygen) to
determine the 24-hour average value. The commenter explains that CEMS
obtain samples from the main incinerator stack, after pollution control
equipment. The CEMS does not sample from the natural draft stack,
therefore while the natural draft stack is open the CEMS is in essence
sampling ambient air and therefore inclusion of the CO concentrations
during these times seems irrelevant. The commenter states that CO is
still required to be monitored when sludge is not being combusted in
the incinerator during a period of shutdown. The commenter asks EPA to
clarify why, if emission limits do not apply when sludge is not being
combusted, CO must continue to be monitored, which requires the
constant operation of a scrubber, a WESP, and an afterburner to obtain
a valid CO reading.
Response: The language in 40 CFR 62.16015 is clear in specifying
that use of the bypass stack when sewage sludge is charged is a
deviation of the standards. Section 62.15955 of 40 CFR part 62 also
clearly states that the emission limits and standards apply to
emissions from a bypass stack or vent while sewage sludge is in the
combustion chamber. EPA disagrees with the commenter that 40 CFR
62.15970 conflicts with 40 CFR 62.15955. The emissions standards apply
at all times. While we would expect that the source could meet the
emissions limit when not charging sludge (e.g., when burning a fuel
such as natural gas), that is not a given. Therefore, we did not
provide specific rule language for the use of the stack bypass when
sewage sludge is not being charged as the ``flip'' side to the
requirement at 40 CFR 62.16015 and 40 CFR 62.15955.
Defining terms in the federal plan that are not defined in the
underlying EG is beyond the scope of this rulemaking. CAA section 129
clearly directs the EPA to structure the rule to include monitoring
provisions of parameters relating to the operation of the unit and its
pollution control equipment. Furthermore, we believe that the term
``operating limit'' is sufficiently understood by the regulated
community. The EPA points out that the federal plan does define the
term ``operating day'' to mean a 24-hour period between 12:00 midnight
and the following midnight during which any

[[Page 26052]]

amount of sewage sludge is combusted at any time in the SSI unit.\18\
---------------------------------------------------------------------------

\18\ See 40 CFR 62.16045.
---------------------------------------------------------------------------

Regarding the differing language ``at all times when the unit is
operating'' in 40 CFR 62.15955 and the language ``at all times'' in 40
CFR 62.15970, we do not believe that the underlying EG intended any
significance to this difference. As discussed in the preamble to that
rule, we are clear that the emissions limits and standards apply at all
times (see 75 FR 63265 and 75 FR 63282).
The EPA is finalizing the notification requirements as proposed to
require that sources notify the Administrator following any incident of
deviation, force majeure, intent to stop or start use of CMS, and
intent of conducting or rescheduling a performance test. EPA clarifies
that notification of resumed operation following shutdown as cited by
the commenter at 80 FR 23411 is clear in the rule text. Specifically,
the notification of resumed operation following shutdown of the unit is
in the context of a qualified operator deviation. See 40 CFR
62.15945(b)(i) and (ii), 40 CFR 62.16030(e), and table 6 in the rule.
Please note that the rule requires other notifications associated with
a unit ceasing operations or going ``offline''.\19\
---------------------------------------------------------------------------

\19\ For a full list of notification requirements, please see
Table 6 of 40 CFR part 62, supart LLL.
---------------------------------------------------------------------------

Lastly, 40 CFR 62.15970 clearly states that operating limits only
apply when sludge is being combusted including residence time, but the
emission limits apply at all times. The definition of bypass stack
indicates that the bypass stack's intended purpose is to avoid severe
damage to air pollution control devices or other equipment.\20\ The EPA
did not intend for facilities to use the bypass stack at all times when
there is no sewage sludge being burned. Therefore, emissions should
generally be routed to the main stack even during periods when sewage
sludge is not being burned, and the requirement to continue monitoring
the emissions with the CO CEMS is relevant, as compliance with the
emission standard is still required during these periods.
---------------------------------------------------------------------------

\20\ Comments received on the 2011 EG and NSPS indicate that
bypass stacks are an essential part of the safety equipment and use
of the stack indicates that the unit is not operating under normal
conditions. See Docket Identification Number EPA-HQ-OAR-2009-0559-
0171.
---------------------------------------------------------------------------

Comment: One commenter (16) asks the EPA to clarify if 40 CFR
62.16020 includes periods of time when sludge is not being combusted in
the incinerator. Section 62.16020 of 40 CFR part 62 states that 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. The commenter explains that it is common practice for SSIs to
open the bypass stack and ``coast'' on natural draft during periods
when sludge is not being combusted in the incinerator in order to save
fuel, electricity, and wear and tear on equipment. The commenter,
referencing their comment that they interpret 40 CFR 62.16015 to imply
that the use of the bypass damper when sludge is not being combusted in
the incinerator is not a deviation, asks whether the recordkeeping and
reporting requirements of 40 CFR 62.16020 do not apply while not
combusting sludge in the incinerator.
Response: The rule is clear as written. The requirement to install,
calibrate, maintain and operate a device or method for measuring the
use of the bypass stack including date, time and duration applies when
sludge is combusted and when sludge is not combusted.
Comment: One commenter (16) asks the EPA to clarify if 40 CFR
62.16015 is to be interpreted to mean that each daily calibration
check, zero and span adjustments, and quarterly and annual calibrations
must be reported in a deviation report. Section 62.16015 of 40 CFR part
62 states that any data collected during monitoring system
malfunctions, repairs, or required monitoring system quality assurance
or control activities must be reported in a deviation report.
Response: As the commenter notes, periods of equipment malfunction,
repairs and out-of-control periods are to be reported as deviations.
While we do not intend all instances of required quality assurance and
quality control activities to be reported as deviations, to the extent
that ongoing quality assurance and quality control activities require
an amount of time such that an hourly average cannot be determined for
that hour consistent with the requirements given in 40 CFR
60.13(h)(2)(iii) (i.e., there are not enough data collected during the
hour), those periods should also be reported as deviations. Reporting
of such periods informs regulatory authorities when unusual
circumstances occur, allowing increased scrutiny as necessary.
Comment: One commenter (16) asks that the EPA clarify how 40 CFR
62.15985 should be interpreted. Section 62.15985 of 40 CFR part 62
states that we must perform checks at least once each process operating
day to ensure pressure measurements are not obstructed (e.g., check for
pressure tap plugging daily). The commenter explains that their
pressure transducers and transmitters operate with a 4 to 20 milliamp
signal sent to a controller that monitors the pressure reading and
controls the equipment necessary to maintain the operating setpoint.
Disconnection of the transducer to check ``the tap'' causes the signal
from the transmitter to send incorrect milliamp signals back to the
controller, which in turn can cause the controller to erroneously
control the equipment, or, in a worst case scenario, to trigger safety
shut-offs of the incinerator itself.
Response: In general, we are not specifying how performance
evaluations are to be performed. Due to the many variations in
monitoring equipment, the manufacturer of the equipment is the best
source for determining the proper technique for performing most
performance evaluations. The site-specific monitoring plan must include
information on routine quality assurance and quality control
procedures. The plan should include not only a schedule for performing
the performance evaluations, but also a description of how the
evaluations will be performed. Unless specified, the EPA is providing
the facility with discretion to determine the best method to perform
these evaluations for these site-specific monitoring systems. The
facility, in conjunction with the equipment manufacturer, should
determine the best manner for demonstrating that the pressure
measurements are not obstructed. One example of such a procedure,
checking for pressure tap pluggage, is provided, but it is not the only
possible option.
Comment: One commenter (16) asks that EPA clarify how 40 CFR
62.15990 should be interpreted. Section 62.15990 of 40 CFR part 62
requires that a ``performance evaluation'' of a pH meter be performed
daily. The commenter explains that companies that provide in-line
continuous pH meters are not aware of any feature other than a
calibration to demonstrate the accuracy of the meter, and calibrations
are only required quarterly. The commenter points out that different
regulators may consider the term ``performance evaluation''
differently, and may in fact consider a calibration as the only good
method to determine the performance of the meter, which is not
reasonable to do on a daily basis.
Response: In general, we are not specifying how performance
evaluations are to be performed. Due to the many variations in
monitoring equipment, the EPA believes that the manufacturer of the
equipment is the best source for determining the proper technique for

[[Page 26053]]

performing most performance evaluations. The site-specific monitoring
plan must include information on routine quality assurance and quality
control procedures. The plan should include not only a schedule for
performing the performance evaluations, but also a description of how
the evaluations will be performed. Unless specified, the EPA is
providing the facility with discretion to determine the best method to
perform these evaluations for these site-specific monitoring systems.
A performance evaluation and a calibration are not meant to be the
same thing, although a calibration could certainly suffice in lieu of a
performance evaluation. The intent of a performance evaluation is to
demonstrate that the equipment is still functioning within a specific
degree of accuracy. It is akin to performing a calibration check of a
CEMS in lieu of performing a CEMS calibration; in the former, the
facility would merely show that the CEMS is still within a certain
accuracy of a known standard, but the CEMS would not be adjusted in any
way. The EPA has not provided specific examples of a pH meter
performance evaluation, but one such example is performing a one-point
check on a known buffer solution. The facility, in conjunction with the
equipment manufacturer should determine the best manner for
demonstrating that the pH meter is reading accurately each day.
Comment: One commenter (16) discusses their overall operations.
Their MH unit has been in operation since 1994 and the air pollution
control devices include a venturi scrubber, a plate scrubber, a WESP,
and a regenerative thermal oxidizer (afterburner). Their standard
operating procedure is to initiate the combustion of sludge on Monday,
with continuous combustion until Saturday or Sunday depending on the
amount of sludge inventory. Once they run out of sludge, charging of
sludge to the incinerator is stopped, and the temperature of the SSI
unit is stabilized to what they consider to be a cool standby condition
(hearth number 3 is at 1,100 degrees Fahrenheit). Approximately 4 hours
after the sludge feed is stopped, well past the residence time of
sludge in the incinerator, the induced draft fan is shut off and the
natural draft damper opens. Monday is then used for preventative
maintenance or other work on the unit and pollution control equipment.
During the time when the SSI unit is on natural draft, the scrubber,
WESP, and afterburner are off-line. This allows the commenter the
flexibility of shutting off the WESP and/or the afterburner. Late on
Monday, SSI unit temperatures are raised to 1,350 degrees Fahrenheit in
preparation of again burning sludge, and the induced draft fan is re-
started, placing the scrubber, WESP, and the afterburner back on-line.
Then sludge feed to the unit is initiated. This process occurs weekly,
possibly more often if unexpected maintenance on any of the SSI unit
equipment or pollution control equipment becomes necessary.
The commenter states that the proposed federal plan appears to
imply that now any SSI unit owner or operator can never shut the
induced draft fan off and coast the incinerator in a cool standby
condition with the natural draft damper open even if sludge is not
being combusted in the SSI. The commenter believes that this is implied
because SSI unit owners and operators are directed to average CO at 7-
percent oxygen while combusting sludge and with CO while not combusting
sludge, to obtain the 24-hour CO average. CO monitoring probes,
however, are only installed on the induced draft fan stack, not on the
natural draft stack, so in order to obtain the ``average'' CO reading,
the induced draft fan has to be on-line at all times. Further, the
commenter believes it is implied that if the induced draft fan is shut
off (even when not combusting sludge), this is a reportable deviation
that could subject the facility to enforcement action. The commenter
further describes that any facility has to be able to shut off the
induced draft fan for preventative maintenance, for other scheduled
maintenance, and to save fuel without having it considered a deviation
or violation. Additionally, the commenter states that it is not
practical to run the induced draft fan when first turning on the
burners (start-up) after a cold shutdown. The induced draft fan is not
sized for cold air, and the temperatures inside the MH incinerator must
be raised slowly, in most cases not more than 50 degrees per hour with
several extended periods of ``soak'' that are intended to protect the
refractory and brick. Running the induced draft fan during ``start-up''
from a cold start requires more fuel and requires electricity, and
makes it difficult to properly raise temperatures to the proper burning
range. However, 40 CFR 62.15970 implies that CO readings must be
obtained at all times after start-up, not just when combusting sludge
in the SSI. In order to do this, the induced draft fan must be turned
on before the burners are even lit.
Response: Section 62.15970 of 40 CFR part 62 clearly states the
emission limits apply at all times. The definition of bypass stack
indicates that the bypass stack's intended purpose is to avoid severe
damage to air pollution control devices or other equipment.\21\ As the
commenter infers from the CO CEMS language, the EPA did not intend for
facilities to use the bypass stack at all times when there is no sewage
sludge being burned, and emissions should generally be routed to the
main stack even during periods when sewage sludge is not being burned,
except in cases when it is necessary to route emissions to the bypass
in order to avoid damage to equipment.
---------------------------------------------------------------------------

\21\ Comments received on the 2011 EG and NSPS indicate that
bypass stacks are an essential part of the safety equipment and use
of the stack indicates that the unit is not operating under normal
conditions. See Docket Identification Number EPA-HQ-OAR-2009-0559-
0171.
---------------------------------------------------------------------------

4. Status of State Plans and Federal Plan Delegation
Comment: Multiple commenters (09, 10, 12, 15) request that the EPA
update the status of state plans in Table 2 of this preamble. One
commenter (09) confirmed that the Minnesota Pollution Control Agency
will not be submitting a state plan to the EPA but instead plans to
incorporate federal plan requirements into the affected SSI's title V
permits once the federal plan is promulgated. One commenter (10)
requests that the EPA reflect that the state of Rhode Island submitted
a draft state plan to the EPA on October 10, 2014. One commenter (12)
identified the state of Virginia as having received EPA approval of its
state plan. Another commenter (15) clarifies that they intend to seek
delegation of the federal plan for SSI units.
Response: The EPA thanks the commenters for submitting these
updates and corrections. We have reflected these changes in the record
to this final federal plan and in Table 2, which is included in section
II.C. of this preamble.
Comment: Commenters (09, 11, 12, 15) request that the EPA clarify
the implementation roles for ``states,'' ``locals,'' and the EPA with
respect to the implementation of the EG. One commenter (12) believes
that the lack of clarity is particularly an issue in those states where
there are both state and local air agencies, but the states have not
yet developed a state plan. The commenter requests that the EPA
continue to work with state and local regulators to address these
concerns. Commenter (11) further outlines that the proposed federal
plan does not clearly discuss how the authority to implement the
federal plan will be transferred to local air agencies, especially if a
state decides not to develop a state plan or further adopt or implement
the federal

[[Page 26054]]

plan. The commenter states that Washington state, where five
municipalities operate SSI units, has not expressed a decision to
submit a draft state plan to the EPA or take delegation of the federal
plan. The commenter is concerned with the outcome of how the three
local agencies affected will manage the implementation of the EG. The
commenter urges the EPA to work directly and closely with local air
agencies in order to clearly and effectively provide authority and
technical guidance to SSI unit operators. The commenter believes that
such authority should extend to local agencies so they can use their
discretion to work with SSI unit operators in determining appropriate
final compliance dates as proposed in 40 CFR 62.15875. Another
commenter (15) states that they are a local air authority in Washington
state that has an approved title V program and has received regular
delegation approvals for NSPS and NESHAP regulations (40 CFR part 60
and 63). Their most recent delegation approval from EPA Region 10 was
signed on February 19, 2015, for the NSPS for new SSI units at 40 CFR
part 60, subpart LLLL. The commenter states that the local agency
intends to seek delegation of the federal plan as soon as possible.
This local air agency plans to expedite their request for delegation
following the final federal plan instructions so that they can address
the regulatory gap in the title V permits for units in their district.
Response: The EPA is finalizing the delegations of authority
provisions as proposed, and clarifying that local agencies may directly
request delegation of authority to implement the SSI federal plan with
respect to sources within their jurisdiction provided they have
authority under state law to do so. While the preamble to the proposal
does not specifically address how to address the situation where there
are both state and local air agencies and the state has not yet
developed a state plan, the EPA stated that it will do all that it can
to expedite delegation of the federal plan to state and local agencies
in those situations. However, since this involves resolution of issues
of state authority, the EPA expects that local agencies will work with
their states and the appropriate EPA regional office to resolve these
issues affecting their ability to implement the EG under a state plan
or delegated federal plan for the area. See 40 CFR 60.26(e). In the
meantime, a state or tribe with an approved title V program with
authority under state or tribal law to incorporate CAA section 111/129
requirements into its title V permits is able to implement and enforce
these requirements in the permitting context. See 80 FR 23413.
As the EPA discussed in the proposed federal plan the EG are not
directly enforceable; they are only fully implemented when the EPA
either approves a state plan or adopts a federal plan that implements
and enforces the EG.\22\ 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 limitation 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 for state CAA section 111(d) plans
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.
---------------------------------------------------------------------------

\22\ See the discussion beginning on 80 FR 23411.
---------------------------------------------------------------------------

The EPA directs states, tribes, and locals that intend to take
delegation of the federal plan to submit to the appropriate EPA
regional office a written request for delegation of authority.\23\ The
requester must explain how they meet the criteria for delegation. The
EPA references the ``Good Practices Manual for Delegation of NSPS and
NESHAP'' (EPA, February 1983) as a guidance document for states,
tribes, and locals to follow. The EPA clearly describes two mechanisms
for transferring authority to state, tribal, and local agencies: (1)
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 of authority to a state, tribal, or local agency to
implement certain portions of the federal plan to the extent
appropriate and allowed by law. The EPA will generally delegate the
entire federal plan to the requesting agency. These functions include
administration and oversight of compliance reporting and record keeping
requirements, SSI inspections and preparation of draft notices of
violation, but will not include authorities retained by the EPA.
---------------------------------------------------------------------------

\23\ See 40 CFR 62.15865 and 40 CFR 62.16050.
---------------------------------------------------------------------------

Agencies that have taken delegation, as well as the EPA, will have
responsibility for bringing enforcement actions against sources
violating federal plan provisions. Specifically, the proposed federal
plan requires that an acceptable delegation request must include the
following: a demonstration of adequate resources and legal authority to
administer and enforce the federal plan (e.g., attorney general's
(AG's) opinion \24\); an inventory of affected SSI units and their air
emissions in addition to their compliance schedules; certification and
documentation that a public hearing on the delegation request was held;
and a commitment to enter into a memorandum of agreement with the EPA
Regional Administrator who sets forth the terms, conditions, and
effective date of delegation and that serves as the mechanism for the
transfer of authority.\25\
---------------------------------------------------------------------------

\24\ A state's AG's opinion that its air agency has the
authority to receive delegation and demonstrate that the rule will
be implemented and enforced relative to the designated facilities.
If an AG's opinion was previously submitted, the opinion should be
updated by the attorney general at the time a new delegation request
is submitted to the EPA. The AG's opinion will be crucial because
promulgated EG are not written as direct requirements for designated
facilities, but rather as requirements for the state to ensure that
its state plan or delegation request contains enforceable
regulations that are at least as protective as those in the EG. See
40 CFR 60.26 and 40 CFR 62.05 for all provisions that should be
addressed in an AG's opinion.
\25\ Guidance and information is provided in EPA's ``Delegations
Manual, Item 7-139, Implementation and Enforcement of 111(d)(2) and
111(d)(2)/129(b)(3) Federal Plans.''
---------------------------------------------------------------------------

Neither the SSI EG nor the proposed federal plan define ``state.''
``State'' is defined in 40 CFR 60.2, however, to mean all non-Federal
authorities, including local agencies, interstate associations, and
state-wide programs, that have delegated authority to implement: (1)
the provisions of the part; and/or (2) the permit program established
under part 70 of the chapter. The term state shall have its
conventional meaning where clear from the context. Because ``state'' is
not defined in either the SSI EG or proposed federal plan, the broader
definition of ``state'' in 40 CFR 60.2 applies in the SSI federal plan.
This is because, as provided in 40 CFR 62.01, all terms not defined
therein have the meaning given to them in the CAA and in part 60 of the
chapter. Based on the lack of a more specific definition of ``state''
in the SSI federal plan and the definition of ``state'' in 40 CFR part
60, we are confirming here that local agencies may directly request
delegation of authority to implement the SSI federal plan with respect
to sources within their jurisdiction provided they have

[[Page 26055]]

authority under state law to do so and they have met all the
requirements specified in the federal plan for taking delegation. This
is in contrast to the situation with state plans implementing EG, in
which we believe the request for plan approval must be submitted by the
state.\26\
---------------------------------------------------------------------------

\26\ See CAA section 110(a)(2)(e) and CAA section 111(d).
---------------------------------------------------------------------------

The EPA strongly encourages state and local agencies in states that
do not submit approvable state plans to request delegation of the
federal plan so that they can have primary responsibility for
implementing the 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 states, tribes, territories, and local
agencies not only have the responsibility to carry out the EG, but also
have the practical knowledge and enforcement resources critical to
achieving the highest rate of compliance. It is generally preferable
for state and local agencies to be the implementing agencies. The EPA
reiterates that we will do all that we 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.
Comment: One commenter (12) raises concerns regarding the EPA's
delay of proposing the federal plan. The commenter specifically states
that the delay has exacerbated the difficulties SSI unit owners and
operators have faced in implementing the EG, especially given the fact
that a majority of states have not chosen to develop their own state
plans. The commenter encourages the EPA to move expeditiously to
finalize the federal plan.
Response: The EPA acknowledges this comment.
5. Inventory of Units
Comment: One commenter (09) confirms that the EPA has properly
identified the two SSI facilities in Minnesota that will be subject to
this SSI federal plan. Both facilities are owned and operated by
Metropolitan Council Environmental Services, the regional wastewater
treatment system operator for the Twin Cities area.
Response: The EPA thanks the commenter for confirming the accuracy
of the unit inventory for units in their state.
6. Remand
Comment: Two commenters (11, 12) raise concerns that the EPA has
not yet addressed the remand in the Court Decision NACWA v. EPA.
Specifically, commenter (11) believes that the proposed federal plan is
ambiguous and confusing and they are in an untenable position to
comply. The commenter highlights that this is because of the EPA's
delay of issuing the federal plan, issuing associated policy and
guidance directives for implementation of the rule, and the EPA's
decision to not yet address the remand in the DC Circuit Court decision
NACWA v. EPA, 734 F.3d. 1115. Commenter (12) believes that the EPA must
address both the issues raised in its May 29, 2014, Petition for
Reconsideration and the rule remand in the DC Circuit Court August 2013
decision in NACWA v. EPA, 734 F.3d. 1115. The commenter states that it
is inappropriate to issue a final federal plan in the absence of the
EPA's response to the remand. The commenter believes that the EPA's
failure to address the remand puts approximately 100 utilities in an
untenable position: Facilities must commit millions of dollars to
upgrade their SSI units to comply with emissions standards that the
Court has ruled do not clearly meet CAA statutory mandates. The
commenter discusses that they outlined further details in their 2014
Petition for Reconsideration that the EPA must either fully address the
Court's remand and adjust the final emissions standards as warranted or
delay the compliance deadline for the rule to prevent this potentially
wasteful expense of taxpayer dollars.
Response: The EPA disagrees that issuance of the federal plan must
be delayed until such time as we address the Court's remand of certain
issues in NACWA v. EPA. The Court's remand was solely for the purpose
of further explanation of the EPA's methodology. Contrary to one
commenter's assertion, the Court did not find that the SSI rule was
inconsistent with the CAA. Rather, the Court requested that the EPA
better explain how its methodology meets the relevant statutory
requirements. Further, the same commenter, which was a party in the
NACWA case, requested that the Court vacate the SSI rule, and the Court
declined to do so. Therefore, the Court understood and intended that
the rule remain in place and that its implementation should move
forward while the EPA responds to the remand. For this reason, the EPA
also disagrees with the commenter who claimed that the SSI rule
requirements are ``not even established requirements,'' since they
remain in place.
The EPA also disagrees that the agency must respond to one
commenter's 2014 petition for Reconsideration of the SSI rule,
submitted following the NACWA decision, before issuing the federal
plan. Nothing in the CAA, and specifically nothing in CAA section 129,
suggests that the EPA should postpone promulgation of a rule required
to be issued by the CAA by a date certain in order to address a
petition for reconsideration. Nor does the commenter point to any such
authority. Additionally, the petition at issue requests that the EPA
withdraw the SSI rule and instead issue a different rule for SSI units
under section 112 of the CAA. The EPA notes that the NACWA decision
upheld our authority to regulate SSI units under CAA section 129,
against a challenge claiming that the EPA must regulate the units under
CAA section 112.
7. Other Comments
Comment: One commenter (14) remarks on the interaction of the SSI
federal plan and 40 CFR part 503, subpart E. The commenter asks if the
federal plan for SSI units will establish different operating limits
and reporting requirements that may be different than those established
under the Clean Water Act at 40 CFR part 503, subpart E. The commenter
requests that the EPA consider a streamlined approach to facilitate a
single set of operational parameters for demonstrating compliance.
Response: This comment is outside the scope of the SSI federal
plan. However, the EPA discusses the relationship of the rule to other
standards for the use or disposal of sewage sludge and associated air
emissions in preamble of the March 21, 2011, EG and NSPS for SSI units
at 76 FR 15375.
Comment: One commenter (12) discusses that some SSI units are
subject to the standard for particulate matter under 40 CFR part 60,
subpart O, which establishes emissions limits, monitoring requirements,
and recordkeeping requirements that are different than the guidelines
and standards for SSI units under 40 CFR part 60, subparts MMMM and
LLLL. The commenter gives the example of the requirement for pressure
drop, which is different between subpart O and subparts MMMM and LLLL.
Specifically, subpart O pressure drop is a 15-minute average while
subpart LLLL is a 12-hour average. The commenter is aware of at least
one facility that has submitted a request to the EPA to allow the
utility to demonstrate compliance with subpart O by demonstrating
compliance with subpart LLLL or MMMM. The commenter asks that the EPA
clarify

[[Page 26056]]

whether subpart O is superseded by the requirements of subparts MMMM
and LLLL, if both sets of site-specific limits and reporting
requirements apply, and whether a site-specific determination is
necessary to avoid having to demonstrate compliance with both sets of
requirements independently.
Response: This comment is outside the scope of the SSI federal
plan. 40 CFR part 60, subparts O, MMMM, and LLLL remain in effect in
the CFR. Any affected facilities would need to comply with both
regulations. For the most part, subparts MMMM and LLLL are more
stringent than subpart O. Generally, if a facility is in compliance
with the more stringent of the regulations, it would be in compliance
with the other less stringent regulation. The EPA recognizes the
differences between subpart O and subparts MMMM and LLLL. However,
subparts MMMM and LLLL do not relieve SSI units of complying with
subpart O, and therefore an owner/operator of an SSI unit that is
affected by subpart MMMM or LLLL and subpart O would need to comply
with both. For the scrubber pressure drop example, subpart O does
require a much shorter averaging time (15-minute average versus 12-hour
average), but a facility would only need to identify when this 15-
minute average is 30-percent below the average pressure drop during the
performance test. Subparts MMMM and LLLL do not have the 30-percent
allowance. Additionally, subparts MMMM and LLLL require data recording
at 15-minute intervals, so facilities should already have the 15-minute
average. Therefore, we do not believe that it is unreasonable or overly
burdensome to comply with both limits.

B. Affirmative Defense to Malfunctions

As proposed, this final action does not include an affirmative
defense to malfunction events. In the 2011 SSI rule, the EPA included
an affirmative defense that 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).\27\ The EPA intends to revise the March 21, 2011, SSI EG and
NSPS to remove the affirmative defense provision from the EG and NSPS
in the future.
---------------------------------------------------------------------------

\27\ See 80 FR 23407.
---------------------------------------------------------------------------

V. Summary of Final SSI Federal Plan Requirements

The 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 Final SSI Federal Plan
------------------------------------------------------------------------
Element of the SSI Federal plan Location
------------------------------------------------------------------------
Legal authority and enforcement Sections 129(b)(3), 111(d),
mechanism. 301(a),and 301(d)(4) of the
CAA.
Inventory of affected SSI units........ Docket ID No. EPA-HQ-OAR-2012-
0319.
Inventory of emissions................. Docket ID No. EPA-HQ-OAR-2012-
0319.
Compliance schedules................... 40 CFR 62.15875 to 62.15915.
Emissions limits and operating limits.. 40 CFR 62.15955 to 62.16010.
Operator training and qualification.... 40 CFR 62.15920 to 62.15950.
Testing, monitoring, recordkeeping and 40 CFR 62.16015 to 62.16040.
reporting.
Record of public hearings.............. Docket ID No. EPA-HQ-OAR-2012-
0319.
Progress reports....................... Section IV.I. at 80 FR 23407.
------------------------------------------------------------------------

A. What are the final applicability requirements?

The EPA finalizes the federal plan applicability requirements as
proposed. The federal plan applies to existing SSI units meeting the
applicability of 40 CFR 62.15855 through 62.15870 that are located in
any state that does not currently have an approved state plan in place
by the effective date of this federal plan. Existing SSI units 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 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 under the
CAA.

B. What are the final compliance schedules?

The EPA finalizes the compliance date as proposed. The final
compliance date remains March 21, 2016. However, as discussed in
section IV.A. of this preamble, the EPA is revising this section to
require that all SSI unit owners or operators submit a final control
plan and achieve compliance by March 21, 2016. (See 40 CFR 62.15875
through 62.15915).
The owner or operator must notify the EPA and permitting authority
or delegated authority when they have submitted their final control
plan and have come into compliance, as well as when and if these
requirements are missed. The notification must identify the requirement
and the date the requirement is achieved (or missed). If an owner or
operator misses the deadline, the owner or operator must also notify
the EPA and permitting authority or delegated authority when the
requirement is achieved. The owner or operator must submit the
notification to the applicable EPA regional office and permitting
authority or delegated authority within 10 business days after the 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 requirement, along with its required
completion date, follows.
Submit Final Control Plan. To meet this requirement, the owner or
operator of each SSI unit 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

[[Page 26057]]

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: March 21, 2016.
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 unit is brought
online, all necessary process changes and air pollution control devices
are operating as designed.
Completion date: March 21, 2016.
Consistent with CAA section 129(f)(3), an SSI unit which does not
achieve final compliance by March 21, 2016, would be in violation of
the federal plan and subject to enforcement action. See Section VI of
this preamble which discusses SSI units that have shut down or will
shut down. The discussion in those sections includes an explanation of
requirements for units if they plan to permanently close, units that
have been rendered inoperable, and units that have shut down but plan
to restart before or after the compliance date.

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

The EPA finalizes the emissions and operating limits as proposed.
These limits remain the same as the limits in the 2011 EG. Table 5 of
this preamble summarizes the EG emissions limits promulgated. Existing
sources may comply with either the PCDD/PCDF toxicity equivalence 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 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 0.095.................. 0.0016.
standard cubic meter
@7-percent oxygen.
CO................................... parts per million of 3,800.................. 64.
dry volume @7-percent
oxygen.
HCl.................................. parts per million of 1.2.................... 0.51.
dry volume @7-percent
oxygen.
Hg................................... mg/dscm @7-percent 0.28................... 0.037.
oxygen.
NOX.................................. parts per million of 220.................... 150.
dry volume @7-percent
oxygen.
Pb................................... milligrams per dry 0.30................... 0.0074.
standard cubic meter
@7-percent oxygen.
PCDD/PCDF, Toxicity Equivalence (TEQ) nanograms per dry 0.32................... 0.10.
standard cubic meter
@7-percent oxygen.
PCDD/PCDF, Total Mass Basis (TMB).... nanograms per dry 5.0.................... 1.2.
standard cubic meter
@7-percent oxygen.
PM................................... milligrams per dry 80..................... 18.
standard cubic meter
@7-percent oxygen.
SO2.................................. parts per million of 26..................... 15.
dry volume @7-percent
oxygen.
Fugitive emissions from ash handling. Percent of the hourly Visible emissions of Visible emissions of
observation period. combustion ash from an combustion ash from an
ash conveying system ash conveying system
(including conveyor (including conveyor
transfer points) for transfer points) for
no more than 5 percent no more than 5 percent
of any compliance test of any compliance test
hourly observation hourly observation
period. period.
----------------------------------------------------------------------------------------------------------------

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

The EPA finalizes the performance testing and monitoring provisions
as proposed. The following paragraphs list a number of testing and
monitoring requirements in the 2011 EG that are being finalized in the
SSI federal plan.
1. Performance Testing
The performance testing provisions reflect those in the SSI EG. The
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 an option for less frequent
testing if sources demonstrate that their emissions of regulated
pollutants are below thresholds of the emission limits.
This federal plan 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 units 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 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.
The 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

[[Page 26058]]

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.
The federal plan incorporates by reference three alternatives to
the EPA reference test methods as shown in Table 6 below.

Table 6--List of Incorporation by Reference
------------------------------------------------------------------------
IBR in 40 CFR
Test method Publisher part 62, subpart
LLL
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue Available for purchase Sec.
and Exhaust Gas Analyses from the American 62.16015(b)(4)(
[Part 10, Instruments and Society of Mechanical vii) and
Apparatus]. Engineers (ASME), (viii),
Three Park Avenue, (b)(5)(i), and
New York, NY 10016- Tables 2 and 3
5990, https:// to subpart LLL.
www.asme.org/.
ASTM D6784-02 (Reapproved Available for purchase Sec.
2008) Standard Test Method from at least one of 62.16015(b)(4)(
for Elemental, Oxidized, the following v) and Tables 2
Particle-Bound and Total addresses: American and 3 to
Mercury in Flue Gas Generated Society for Testing subpart LLL.
from Coal-Fired Stationary and Materials (ASTM),
Sources (Ontario Hydro 100 Barr Harbor
Method), approved April 1, Drive, Post Office
2008. Box C700, West
Conshohocken, PA
19428-2959; or
ProQuest, 300 North
Zeeb Road, Ann Arbor,
MI 48106, https://www.astm.org/.
OAQPS Fabric Filter Bag Leak Available from the Sec.
Detection Guidance, EPA-454/R- U.S. Environmental 62.15995(b)(3).
98-015, September 1997. Protection Agency,
1200 Pennsylvania
Avenue NW.,
Washington, DC 20460,
(202) 272-0167, https://www.epa.gov.
------------------------------------------------------------------------

These tests are discussed further in section IX.I. of this
preamble, titled ``National Technology Transfer and Advancement Act
(NTTAA).''
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 the 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 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 CMS is used to
demonstrate compliance with the emissions limits.
3. Electronic Data Submittal
The EPA is finalizing as proposed that owners and operators of SSI
units are required to submit electronic copies of certain required
performance test reports through the EPA's Central Data Exchange (CDX)
using the Compliance and Emissions Data Reporting Interface (CEDRI).
This mirrors the 2011 EG for SSI units. As stated in the proposed
preamble, electronic submittal of the reports addressed in this
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability, will
further assist in the protection of public health and the environment
and will ultimately result in less burden on the regulated community.
Electronic reporting can also eliminate paper-based, manual processes,
thereby saving time and resources, simplifying data entry, eliminating
redundancies, minimizing data reporting errors and providing data
quickly and accurately to the affected facilities, air agencies, the
EPA and the public.
As mentioned in the preamble of the proposal, the EPA Web site that
stores the submitted electronic data, WebFIRE, will be easily
accessible and will provide a user-friendly interface that any
stakeholder could access. By making the records, data and reports
addressed in this rulemaking readily available, the EPA, the regulated
community and the public will benefit when the EPA conducts its CAA-
required technology and risk-based reviews. As a result of having
reports readily accessible, our ability to carry out comprehensive
reviews will be increased and achieved within a shorter period of time.
We anticipate fewer or less substantial information collection
requests (ICRs) in conjunction with prospective CAA-required technology
and risk-based reviews may be needed. We expect this to result in a
decrease in time spent by industry to respond to data collection
requests. We also expect the ICRs to contain less extensive stack
testing provisions, as we will already have stack test data
electronically. Reduced testing requirements would be a cost savings to
industry. The EPA should also be able to conduct these required reviews
more quickly. While the regulated community may benefit from a reduced
burden of ICRs, the general public benefits from the agency's ability
to provide these required reviews more

[[Page 26059]]

quickly, resulting in increased public health and environmental
protection.
Air agencies could benefit from more streamlined and automated
review of the electronically submitted data. Having reports and
associated data in electronic format will facilitate review through the
use of software ``search'' options, as well as the downloading and
analyzing of data in spreadsheet format. The ability to access and
review air emission report information electronically will assist air
agencies to more quickly and accurately determine compliance with the
applicable regualtions, potentially allowing a faster response to
violations which could minimize harmful air emissions. This benefits
both air agencies and the general public.
For a more thorough discussion of electronic reporting required by
this rule, see the discussion in the preamble of the proposal. 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 will
save industry, air agencies, and the EPA significant time, money, and
effort while improving the quality of emission inventories, air quality
regulations, and enhancing the public's access to this important
information.

E. What are the final recordkeeping and reporting requirements?

The EPA finalizes the recordkeeping and reporting requirements as
proposed. These requirements reflect those finalized in the 2011 EG.
The 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, final
compliance reports are required following the completion of each
requirement and identifying any missed requirement. See section V.B of
this preamble for a more detailed discussion of the compliance
schedules.

F. What other requirements is the EPA finalizing?

The EPA finalizes other requirements as proposed. 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 units 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 Units That Have or Will Shut Down

A. Units That Plan To Close

The federal plan establishes that if owners or operators plan to
permanently close currently operating SSI units, 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 an SSI unit
will be set forth at 40 CFR 62.15915, subpart LLL. The requirements to
close an SSI unit also apply to ``mothballed unit'' or inactive unit
situations which a unit does not operate and is not rendered
inoperable. Until such time as a unit is permanently closed, it must
comply with any applicable requirements of the federal plan. 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

The federal plan provides that in cases where an SSI unit 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 unit may be left off the source inventory in a state plan or this
proposed federal plan. An SSI unit that has been rendered inoperable
would not be covered by the federal plan.

C. SSI Units That Have Shut Down

The unit inventory for this federal plan includes any SSI unit that
are known to have already shut down (but are not known to be
inoperable).
1. Restarting Before the Final Compliance Date
If the owner or operator of an inactive SSI unit plans to restart
before the final compliance date, the owner or operator must submit the
final control plan and achieve final compliance by the final date
specified in the federal plan. Final compliance is required for all
pollutants and all SSI units no later than the final compliance date,
March 21, 2016.
2. Restarting After the Final Compliance Date
As proposed, if the owner or operator of an SSI unit closes the SSI
unit, but restarts the unit after the final compliance date of March
21, 2016, 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 units 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. An SSI unit that
operates out of compliance after the final compliance date would be in
violation of the federal plan and subject to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

Under sections 111(d) and 129(b) of the CAA, 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 units 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.

[[Page 26060]]

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 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 to state, tribal, and local agencies is the EPA's preferred
outcome because 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,
tribal, and local agencies, whenever possible, in cases where states
are unable to develop and submit approvable state plans.

B. 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, tribe, or local 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 units in a state become subject to the federal plan, the
state or tribal agency may still adopt and submit a state or tribal
plan to the EPA. If the EPA determines that the state or tribal plan is
as protective as the EG, the EPA will approve the state or tribal 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 units covered in the plan would remain subject to the
federal plan until a plan covering those SSI units is approved and
effective. Prior to disapproval, the EPA will work with states and
tribes to attempt to reconcile areas of the plan that remain not as
protective as the EG.
Upon the effective date of a state or tribal plan, the federal plan
would no longer apply to SSI units covered by such a plan and the
state, tribe, territory, or local agency would implement and enforce
the state plan in lieu of the federal plan. When an EPA regional office
approves a state or tribal plan, it will amend the appropriate subpart
of 40 CFR part 62 to indicate such approval.
2. State, Tribe, Territory, or Local Takes Delegation of the Federal
Plan
The EPA, in its discretion, may delegate to state, tribe,
territorial, or local agencies the authority to implement this federal
plan. As discussed above, the EPA has concluded that it is advantageous
and the best use of resources for states, tribes, territories, 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, tribal, territorial or local
law. If a state, tribe, territory, or local requests delegation, the
EPA will generally delegate the entire federal plan to the state,
tribe, territory, or local agency. These functions include
administration and oversight of compliance reporting and recordkeeping
requirements, SSI unit inspections and preparation of draft notices of
violation, but will not include any authorities retained by the EPA.
Agencies that have taken delegation, as well as the EPA, will have
responsibility for bringing enforcement actions against sources
violating federal plan provisions.

C. 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.

D. Delegation of the Federal Plan and Retained Authorities

If a state, tribe, territory, or local agency intends to take
delegation of the federal plan, the state, tribe, territory, or local
agency should submit to the appropriate EPA regional office a written
request for delegation of authority. The state, tribe, territory, or
local agency 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, tribe, territory, or local agency 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
or rendered inoperable, 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, tribe, territory,
or local agency delegation request, and (4) include a memorandum of
agreement between the state, tribe, territory, or local agency 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, tribe, territory, or
local agency the EPA will implement the federal plan. Also, if a state,
tribe, territory, or local agency 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, tribe, territory,
or local agency even when the agency 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, tribe, or local
to approve the following items promulgated in the 2011 EG and NSPS:
1. Alternatives to the emissions limits in Table 5 of this document
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).
SSI unit owners or operators who wish to petition the agency for
any alternative requirement should submit a

[[Page 26061]]

request to the Regional Administrator with a copy sent to the
appropriate state.

VIII. Title V Operating Permits

All existing SSI units regulated under state, tribal, 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.\28\
---------------------------------------------------------------------------

\28\ 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 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.\29\
---------------------------------------------------------------------------

\29\ 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 or tribal plan or delegation of a federal
plan.\30\ Legally, delegation of a standard or requirement results in a
delegated state, local, 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,
tribe, or local (except for functions that the EPA retains for itself)
upon delegation.\31\ Although a state, local, or tribe may have the
authority under state, local, or tribal law to incorporate CAA section
111/129 requirements into its title V permits, and implement and
enforce these requirements in these permits without first taking
delegation of the CAA section 111/129 federal plan, the state, local,
or tribe is not standing in for the EPA as a matter of federal law in
this situation. Where a state, local, 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
40 CFR 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, local, or tribe.
---------------------------------------------------------------------------

\30\ 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).
\31\ 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, local, or tribe may have the authority
under state, local, 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.\32\ Some states, locals, or tribes,
however, may not be able to implement and enforce a CAA section 111/129
standard in a title V permit under state, local, or tribal law until
the CAA section 111/129 standard has been delegated. In these
situations, a state, local, 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.
---------------------------------------------------------------------------

\32\ 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 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, local, or tribe does not
need to take delegation of the CAA section 111/129 requirements for
purposes of title V permitting.\33\ In practical terms, without
approval of a state or tribal plan, delegation of a federal plan, or an
adequate AG's opinion, states, locals, and tribes with approved 40 CFR
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 40 CFR part 70 program. As a result, prior to a
state, local, or tribal permitting authority drafting a part 70 permit
for a source subject to a CAA section 111/129 federal plan, the state,
local, 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.
---------------------------------------------------------------------------

\33\ It is important to note that an AG's opinion submitted at
the time of initial title V program approval is sufficient if it
demonstrates that a state or tribe has adequate authority to
incorporate CAA section 111/129 requirements into its title V
permits and to implement and enforce these requirements through its
title V permits without delegation.
---------------------------------------------------------------------------

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, local, or tribe
all reports required by the standard to be submitted

[[Page 26062]]

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 CAA
section 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
CAA section 111/129 federal plan. See, e.g., section V.B of this
preamble titled ``What are the final compliance schedules?''.
It is important to note that the EPA is not using its authority
under 40 CFR 70.4(i)(3) to request that all states, locals, 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 these 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 for
review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. This action rather finalizes the SSI federal plan to implement
the EG adopted on March 21, 2011,\34\ for those states that do not have
a state plan implementing the EG.
---------------------------------------------------------------------------

\34\ See 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. EG for
owners of existing SSI units were established by the March 21, 2011,
final rule (76 FR 15372), and that rule was certified as not having a
significant economic impact on a substantial number of small entities.
This action 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. The 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, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

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

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

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

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.
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

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

This action involves technical standards. Please reference Table 6
of this preamble for the locations where these standards are available.
The EPA has decided 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. The EPA determined that this standard is
reasonably available because it is available for purchase. 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)'' for its manual method of measuring mercury is an
acceptable alternative to Method 29 and 30B. The EPA determined that
this standard is reasonably available because it is available for
purchase. The EPA further determined to use OAQPS Fabric Filter Bag
Leak Detection Guidance, EPA-454/R-98-015, September 1997, for its
guidance on the use of tiboelectic monitors as bag leak detectors for a
fabric filter air pollution control device and monitoring system
decriptions, selection, installation, set up, adjustment, operation,
and quality assurance procedures. The EPA determined that this standard
is reasonably available because it is freely available from the EPA.
Lastly, the EPA 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 rule, we have decided not to use these VCS in this rulemaking.
The use of

[[Page 26063]]

these VCS would be impractical because they do not meet the objectives
of the standards cited in this rule. See the docket for the 2011 EG
(Docket ID No. EPA-HQ-OAR-2009-0539), which is being implemented under
this 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 40 CFR 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.

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

The EPA has concluded that 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 finding is based on an
analysis of demographic data conducted for the 2011 EG. This federal
plan implements the 2011 EG. The previous analysis of demographic data
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 Docket Identification Number EPA-HQ-OAR-2009-0559). This
final federal plan implements national standards in the 2011 EG that
would result in reduction in emissions of many of the listed Hazardous
Air Pollutants 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, PM and PM2.5
microns or less, and SO2. SO2 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.

K. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

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: February 22, 2016.
Gina McCarthy,
Administrator.

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

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

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

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

Subpart KKK--[Added and Reserved]

0
2. Add and reserve subpart KKK.

0
3. Add subpart LLL to read as follows:
Subpart LLL--Federal Plan Requirements for Sewage Sludge Incineration
Units Constructed on or Before October 14, 2010

Applicability

Sec.
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 unit is covered by an approved
and effective state or tribal plan?
62.15870 If my SSI unit 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 [Reserved]
62.15885 What must I include in the notifications of achievement of
compliance?
62.15890 When must I submit the notifications of achievement of
compliance?
62.15895 What if I do not meet the compliance date?
62.15900 How do I comply with the requirement for submittal of a
control plan?
62.15905 How do I achieve 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?

[[Page 26064]]

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?

Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing
Sewage Sludge Incineration Units

Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for
Existing Fluidized Bed Sewage Sludge Incineration Units

Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for
Existing Multiple Hearth Sewage Sludge Incineration Units

Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing
Sewage Sludge Incineration Units

Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors

Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements
for Existing Sewage Sludge Incineration Units

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

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 unit is covered by an
approved and effective state or tribal plan?

This part contains a list of all states and tribal areas with
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. 60.5015(a)(1), (2), and (7) of this
chapter.
(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 unit 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?

Except as provided in paragraph (b) of this section, you must
submit a final control plan and achieve final compliance specified by
the date in paragraph (a) of this section:
(a) March 21, 2016, as specified in Table 1 of this subpart.
(b) March 21, 2017, for East Bank Wastewater Treatment Plant, 6501
Florida Avenue, New Orleans, Louisiana 70117, and for the Bayshore
Regional Wastewater Treatment Plant, 100 Oak Street, Union Beach, New
Jersey 07735.

Sec. 62.15880 [Reserved]

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

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

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

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

Sec. 62.15895 What if I do not meet the compliance date?

If you fail to submit a final control plan and achieve final
compliance, you must submit a notification to the Administrator
postmarked within 10 business days after the compliance date in Table 1
to this subpart. You must inform the Administrator that you did not
achieve compliance, and you must

[[Page 26065]]

continue to submit reports each subsequent calendar month until a final
control plan is submitted and final compliance is met. An SSI unit that
operates out of compliance after the final compliance date would be in
violation of the federal plan and subject to enforcement action.

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

For your control plan, 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 achieve final compliance?

For achieving final compliance, 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, you must submit a final control plan and achieve
final compliance as specified in Sec. 62.15875.
(b) If you close your SSI unit but will restart it after the 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 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;
(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

[[Page 26066]]

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 by November 30, 2016, 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.

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.
62.15875. 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. 62.15875;
(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:

[[Page 26067]]

(a) Meet the applicable operating limits and requirements in Sec.
60.4850 of this chapter, 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 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 of this chapter. 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

[[Page 26068]]

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 of this chapter 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) of this chapter, 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) of this chapter
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) of this chapter
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) of this chapter
to develop a monitoring plan. For mercury continuous automated sampling
systems, you must use Performance Specification 12B of appendix B of
part 75 of this chapter and Procedure 5 of appendix F of part 60 of
this chapter.
(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.
(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) of this chapter 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) of this chapter 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) of this chapter 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) of this chapter 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) of
this chapter to demonstrate compliance with the

[[Page 26069]]

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.
(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. 62.15875. 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) of this chapter 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) of this chapter,
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 of this chapter.
(B) The applicable performance specifications (e.g., relative
accuracy tests) in appendix B of part 60 of this chapter.
(C) The applicable procedures (e.g., quarterly accuracy
determinations and daily calibration drift tests) in appendix F of part
60 of this chapter.
(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

[[Page 26070]]

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 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) of this chapter.
(5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 60.13 of this chapter.
(6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 60.7(b), (c) introductory text,
(c)(1), (c)(4), (d), (e), (f), and (g) of this chapter.
(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 (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

[[Page 26071]]

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 OAQPS Fabric Filter Bag Leak
Detection Guidance, EPA-454/R-98-015, September 1997. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460, (202) 272-0167, https://www.epa.gov.
You may inspect a copy at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(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) of this chapter. 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 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).

[[Page 26072]]

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 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 of
this chapter 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) of this chapter, 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) of this chapter
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) of this chapter
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)
of this chapter. For mercury continuous automated sampling systems, you
must use Performance Specification 12B of appendix B of part 75 of this
chapter and Procedure 5 of appendix F of part 60 of this chapter.
(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

[[Page 26073]]

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) of this chapter 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.
(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) of
this chapter. 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

[[Page 26074]]

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] TR29AP16.025

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 (a)(7) 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 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 of this chapter.
(ii) The following performance specifications of appendix B of part
60 of this chapter, as applicable:
(A) For particulate matter, Performance Specification 11 of
appendix B of part 60 of this chapter.
(B) For hydrogen chloride, Performance Specification 15 of appendix
B of part 60 of this chapter.

[[Page 26075]]

(C) For carbon monoxide, Performance Specification 4B of appendix B
of part 60 of this chapter with spans appropriate to the applicable
emission limit.
(D) [Reserved]
(E) For mercury, Performance Specification 12A of appendix B of
part 60 of this chapter.
(F) For nitrogen oxides, Performance Specification 2 of appendix B
of part 60 of this chapter.
(G) For sulfur dioxide, Performance Specification 2 of appendix B
of part 60 of this chapter.
(iii) For continuous emissions monitoring systems, the quality
assurance procedures (e.g., quarterly accuracy determinations and daily
calibration drift tests) of appendix F of part 60 of this chapter
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 of
this chapter.
(B) For hydrogen chloride, Procedure 1 in appendix F of part 60 of
this chapter 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 of this chapter.
(C) For carbon monoxide, Procedure 1 in appendix F of part 60 of
this chapter.
(D) [Reserved]
(E) For mercury, Procedures 5 in appendix F of part 60 of this
chapter.
(F) For nitrogen oxides, Procedure 1 in appendix F of part 60 of
this chapter.
(G) For sulfur dioxide, Procedure 1 in appendix F of part 60 of
this chapter.
(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 paragraph
(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)
(see paragraph (e) of this section).
(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, Flue and
Exhaust Gas Analyses [Part 10, Instruments and Apparatus] must be used
(see paragraph (e) of this section). For sources that have actual inlet
emissions less than 100 parts per million dry volume, the relative
accuracy criterion for the 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 paragraph
(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, Flue and Exhaust Gas
Analyses [Part 10, Instruments and Apparatus], as applicable, must be
used (see paragraph (e) of this section).
(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,
Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as
applicable, must be used to determine the oxygen concentration at the
same location as the carbon dioxide monitor(see paragraph (e) of this
section).
(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) of this chapter.
(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) of this
chapter, 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

[[Page 26076]]

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) of this
chapter.
(ii) Collect data according to Sec. 60.58b(p)(5) of this chapter
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) of this chapter.
(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.
(e) Incorporation by reference. These standards are incorporated by
reference into this section with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for inspection at the U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460, (202) 272-0167, https://www.epa.gov. You may also
inspect a copy at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(1) American Society of Mechanical Engineers (ASME), Three Park
Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web site:
https://www.asme.org/).
(i) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus].
(ii) [Reserved]
(2) ASTM Int'l, 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann
Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: https://www.astm.org/
).
(i) ASTM D6784-02 (Reapproved 2008) Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
approved April 1, 2008.
(ii) [Reserved]
(3) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460, (202) 272-0167, https://www.epa.gov.
(i) OAQPS Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-
015, September 1997.
(ii) [Reserved]

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) of this chapter.
(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.
(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 of this
chapter. Additionally:
(i) For carrier gas flow rate monitors (for activated carbon
injection), during the performance test conducted pursuant to Sec.
60.4885 chapter, 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 of this chapter, 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 of this chapter. 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

[[Page 26077]]

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 of this chapter.
(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) Final control plan and final compliance. 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 unit 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.
(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

[[Page 26078]]

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 this chapter 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) Final control plan and final compliance report. You must submit
the following reports, as applicable:
(1) A final control plan as specified in Sec. Sec. 62.15875 and
62.15900.
(2) You must submit your notification of achievement of submitting
the final control plan and achieving final compliance no later than 10
business days after the compliance date as specified in Sec. Sec.
62.15885 and 62.15890.
(3) If you fail to submit the final control plan and achieve final
compliance, you must submit a notification to the Administrator
postmarked within 10 business days after the compliance date, 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 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.

[[Page 26079]]

(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 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.

[[Page 26080]]

(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) of this chapter 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 of this chapter 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 (h)(2)(i) and (ii) of this section.
(i) Within 60 days after the date of completing each performance
test (see Sec. 60.8 of this chapter) required by this subpart, you
must submit the results of the performance test according to the method
specified by either paragraph (h)(2)(i)(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/), at the time of the test,
you must submit the results of the performance test to the Compliance
and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).)
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternate electronic file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT Web site. If you claim that some of the performance test
information being transmitted is confidential business information
(CBI), you must submit a complete file generated through the use of the
EPA's ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT Web site, 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/OAQPS/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
(h)(2)(i)(A).
(B) For data collected 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 of this chapter.
(ii) Within 60 days after the date of completing each CEMS
performance evaluation (as defined in Sec. 63.2 of this chapter), you
must submit the results of the performance evaluation according to the
method specified by either paragraph (h)(2)(ii)(A) or (B) of this
section.
(A) For performance evaluations of continuous monitoring systems
measuring relative accuracy test audit

[[Page 26081]]

(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 via the CEDRI. (CEDRI can be accessed through the EPA's
CDX.) Performance evaluation data must be submitted in a file format
generated through the use of the EPA's ERT or an alternate file format
consistent with the XML schema listed on the EPA's ERT Web site. 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 or an alternate electronic file consistent
with the XML schema listed on the EPA's ERT Web site, including
information claimed to be CBI, on a compact disk, flash drive, or other
commonly used electronic storage media to the EPA. The electronic
storage media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or
alternate file with the CBI omitted must be submitted to the EPA via
CDX as described earlier in this paragraph (h)(2)(ii)(A).
(B) For any performance evaluations of continuous monitoring
systems measuring RATA pollutants that are not supported by the EPA's
ERT as listed on the EPA's ERT Web site, you must submit the results of
the performance evaluation to the Administrator at the appropriate
address listed in Sec. 60.4 of this chapter.
(3) Changing report dates. If the Administrator agrees, you may
change the semiannual or annual reporting dates. See Sec. 60.19(c) of
this chapter 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
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), 70.5(a)(1)(i), 71.3(a) and (b), and
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
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 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 of this chapter.
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 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.,

[[Page 26082]]

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 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 [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.

[[Page 26083]]

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)
of this chapter.

Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing
Sewage Sludge Incineration Units
------------------------------------------------------------------------
Comply with these requirements By this date
------------------------------------------------------------------------
1--Submit final control plan................. March 21, 2016, for all
units except East Bank
Wastewater Treatment
Plant, New Orleans,
Louisiana, and Bayshore
Regional Wastewater
Treatment Plant in Union
Beach, Monmouth County,
NJ.
2--Final compliance.......................... For East Bank Wastewater
Treatment Plant, New
Orleans, Louisiana, and
Bayshore Regional
Wastewater Treatment
Plant in Union Beach,
Monmouth County, NJ,
March 21, 2017.
------------------------------------------------------------------------

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 \1\ 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,
(total mass basis); or. standard cubic meters appendix A-7).
per run).
Dioxins/furans (toxic equivalency 0.10 nanograms per dry
basis) \2\. 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) \3\ , 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).3 5
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 1981.3 4
sample for a minimum
duration of one hour
per run).
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.

[[Page 26084]]

Fugitive emissions from ash Visible emissions of Three 1-hour observation Visible emission test
handling. combustion ash from an periods. (Method 22 at 40 CFR
ash conveying system part 60, appendix A-7).
(including conveyor
transfer points) for no
more than 5 percent of
any compliance test
hourly observation
period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.
\2\ 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.
\3\ The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, https://www.epa.gov. You may also inspect a copy
at the National Archives and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: {HYPERLINK ``https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html''{time} .
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web
site: https://www.asme.org/).
\5\ ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total
Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1,
2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959;
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: https://www.astm.org/).

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 \1\ 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
standard cubic meter; or. minimum volume of 1 dry 23 at 40 CFR part 60,
standard cubic meters appendix A-7).
per run).
Dioxins/furans (toxic equivalency 0.32 nanograms per dry
basis). \2\ standard cubic meter.
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),\3\ 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).3 5
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 1981.3 4
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 26085]]

Fugitive emissions from ash Visible emissions of Three 1-hour observation Visible emission test
handling. combustion ash from an periods. (Method 22 at 40 CFR
ash conveying system part 60, appendix A-7).
(including conveyor
transfer points) for no
more than 5 percent of
any compliance test
hourly observation
period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.
\2\ 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.
\3\ The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, https://www.epa.gov. You may also inspect a copy
at the National Archives and Records Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web
site: https://www.asme.org/).
\5\ ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total
Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1,
2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959;
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: https://www.astm.org/).

Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing Sewage Sludge Incineration Units \1\
----------------------------------------------------------------------------------------------------------------
And monitor using these minimum frequencies
--------------------------------------------------------
For these operating parameters You must establish Data averaging
these operating limits Data measurement Data recording period for
\2\ 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... Not applicable... Not applicable.
handling. operating
requirements.
----------------------------------------------------------------------------------------------------------------
Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet Minimum pressure drop. Continuous....... Every 15 minutes. 12-hour block.
scrubber.
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 of the bag leak detection system alarm (this operating limit
detection system alarm. is provided in Sec. 60.4850 and is not established on a site-specific basis)
----------------------------------------------------------------------------------------------------------------
Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the Minimum power input to Continuous....... Hourly........... 12-hour block.
electrostatic precipitator the electrostatic
collection plates. precipitator
collection plates.
Secondary amperage of the
electrostatic precipitator
collection plates
Effluent water flow rate at the Minimum effluent water Hourly........... Hourly........... 12-hour block.
outlet of the electrostatic flow rate at the
precipitator. 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/furan
rate. 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.
----------------------------------------------------------------------------------------------------------------

[[Page 26086]]

Afterburner
----------------------------------------------------------------------------------------------------------------
Temperature of the afterburner Minimum temperature of Continuous....... Every 15 minutes. 12-hour block.
combustion chamber. the afterburner
combustion chamber.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.

Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic equivalency
Dioxin/furan isomer 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\1\
----------------------------------------------------------------------------------------------------------------
Report Due date Contents Reference
----------------------------------------------------------------------------------------------------------------
Final control plan and final No later than 10 business 1. Final control plan Sec.
compliance report. days after the including air pollution 62.16030(a).
compliance date. 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 submit the final ..............
control plan and achieve
final compliance.
3. Notification of any
closure.
Initial compliance report............. No later than 60 days 1. Company name and address.. Sec.
following the initial 2.Statement by a responsible 62.16030(b).
performance test. 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\2\
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.

[[Page 26087]]

Annual compliance report.............. No later than 12 months 1. Company name and address.. Sec.
following the submission 2. Statement and signature by 62.16030(c).
of the initial responsible official..
compliance report; 3. Date and beginning and
subsequent reports are ending dates of report..
to be submitted no more 4. If a performance test was
than 12 months following conducted during the
the previous report. reporting period, the
results of the test,
including any new operating
limits and associated
calculations and the type of
activated carbon used, if
applicable..
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 If using a CMS: Sec.
emission limits, emission standards, year for data collected 1. Company name and address.. 62.16030(d).
or operating limits, as specified in during the first half of 2. Statement by a responsible
Sec. 62.16030(e)(1)). the calendar year; by official..
February 1 of a calendar 3. The calendar dates and
year for data collected times your unit deviated
during the second half from the emission limits or
of the calendar year. 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 unit.
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 1. Statement of cause of Sec.
deviation (if all qualified operators deviation. deviation. 62.16030(e).
are not accessible for 2 weeks or 2. Description of actions
more). taken to ensure that a
qualified operator will be
available.
3. The date when a qualified
operator will be accessible.

[[Page 26088]]

Notification of status of qualified Every 4 weeks following 1. Description of actions Sec.
operator deviation. notification of taken to ensure that a 62.16030(e).
deviation. 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 1. Notification that you have Sec.
following shut down (due to qualified obtaining a qualified obtained a qualified 62.16030(e).
operator deviation and as specified operator and resuming operator and are resuming
in Sec. 62.15945(b)(2)(i). operation. operation.
Notification of a force majeure....... As soon as practicable 1. Description of the force Sec.
following the date you majeure event. 62.16030(f).
first knew, or through 2. Rationale for attributing
due diligence should the delay in conducting the
have known that the performance test beyond the
event may cause or regulatory deadline to the
caused a delay in force majeure..
conducting a performance 3. Description of the
test beyond the measures taken or to be
regulatory deadline; the taken to minimize the delay..
notification must occur 4. Identification of the date
before the performance by which you propose to
test deadline unless the conduct the performance
initial force majeure or test..
a subsequent force
majeure event delays the
notice, and in such
cases, the notification
must occur as soon as
practicable.
Notification of intent to start or 1 month before starting 1. Intent to start or stop Sec.
stop use of a CMS. or stopping use of a CMS. use of a CMS. 62.16030(g)
Notification of intent to conduct a At least 30 days prior to 1. Intent to conduct a
performance test. the performance test. performance test to comply
with this subpart.
Notification of intent to conduct a At least 7 days prior to 1. Intent to conduct a
rescheduled performance test. the date of a rescheduled performance test
rescheduled performance to comply with this subpart.
test.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\2\ CMS means continuous monitoring system.

[FR Doc. 2016-09292 Filed 4-28-16; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.